October 7, 2024, WKMG-TV News 6, Orlando – “Your insurance company will pay for your damage,” said Lisa Miller, former deputy Florida insurance commissioner. “And some companies will try to subrogate — that’s the term — go against your neighbor’s house, but that doesn’t always happen.” (Original story location: https://www.clickorlando.com/weather/hurricane/2024/10/07/who-is-responsible-if-my-neighbors-tree-falls-on-my-home/)
ORLANDO – It doesn’t take a hurricane for a tree to fall, but we do see more of them come down during a severe storm. Heavy rain makes the ground softer, which makes it harder for tree roots to maintain their grip. Add high winds and it’s a recipe for disaster.
But it’s not just trees on your property that are a problem. So what do you do if a neighbor’s tree falls on your home?
If the tree was healthy, it’s basically on you.
“Your insurance company will pay for your damage,” said Lisa Miller, former deputy Florida insurance commissioner. “And some companies will try to subrogate — that’s the term — go against your neighbor’s house, but that doesn’t always happen.”
In the case of a natural disaster, if you do not have insurance, you can apply for help through FEMA if your county is part of a federal disaster declaration. If not, you will have to pay for those repairs yourself.
However, if it’s determined your neighbor’s tree was not healthy or was dead, and it fell on your property, your neighbor may be responsible, according to the University of Florida’s IFAS Extension, but there is no law in Florida that decides that, so it’s left to the courts to decide.
This is when your insurance company will try to subrogate the cost of the damage through your neighbor’s house or insurance. If you don’t have insurance, you could try suing your neighbor if you wanted to.
“You could, but it would cost you more to sue your neighbor,” Miller said.
UF’s IFAS Extension has a handbook that explains the responsibilities for property owners regarding trees, if you need more information. You can find it HERE.
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