At what point does my neighbor become liable?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Jul 23, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Cockrell Hill, TX

Asked on 07/23/2012

At what point does my neighbor become liable? Limb from neighbors tree fell at hit my car. Both of our insurance companies looked at it decided it was "act of nature". I'm stuck claiming it on my insurance. This is the third limb that has fallen this year (first insurance claim). My neighbor refuses to do anything about the tree. The tree is obviously sick and sooner or later another limb is going to fall. At what point is my neighbor being negligent or become liable for damages to my home?

Answer given on July 24, 2012

If a limb falls on your property, in this case your car, and the insurance companies agree it was an act of nature, then your only choice is to claim it under your comprehensive coverage of your auto insurance.If there are continued issues with the tree, you should write a letter to your neighbor expressing your concern for the condition of the tree and the need to trim it or take it down. Since you probably know the insurance company the neighbor has for his homeowner insurance you should send them a copy of the letter. You may also want to send a copy to the town and your insurance company. If another limb comes down, then you have evidence that you have asked the neighbor to take action and that the neighbor is aware of the danger the tree presents. You lcan then file a claim against him and his insurance company. If the insurance company denies coverage, you should file a suit in court, you will most likely win with the history and evidence yoiu will have available.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption