What is my neighbor’s liability if their tree fell on my car?

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What is my neighbor’s liability if their tree fell on my car?

Asked on June 24, 2018 under Real Estate Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If a neighbor's tree falls and causes damage to your property, they may or may not be liable. If the tree was healthy and went down due to a storm, etc., they are usually not liable for the damages caused. However, if it was dead or dying, then you can file a claim against your neighbor's insurance. Further, you can file a claim with your insurance company. They will pay for covered damages, less your deductible. However, if they feel the neighbor was negligent with the trees, they can try to "subrogate" against them and their insurance company. If they are successful, you can get your deductible reimbursed. At this point, you should talk to your insurer about the situation.


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