Tree fell into neighbour garden following high winds question

[lotti37]

Hello our tree fell into our neighbours garden following high winds and damaged some fence panels. I wanted to find out where we stand . Are we liable for all the damage or do the neighbours claim on their buildings insurance ? Thank you

I think they go through their insurance who would counter claim against you/your insurance. I could be wrong though.

Your tree, your responsibility to keep it safe, your issue.

Be glad there wasn't someone standing behind the fence panels.

Suck up, be nice, they might offer to claim.

Your insurance. As PP said your tree your responsibility.

You are not liable unless the tree was dangerous/diseased and you knew about it and did nothing. Or if you failed to maintain the tree properly and this failure caused it to fall (unlikely as the winds caused the fall). Your neighbour needs to claim on their own insurance. Should be covered as storm damage although some policies exclude fences in which case neighbour will have to bear cost. Neighbour has to prove your negligence in order for you to be liable.

They claim on their insurance. You are definitely not liable, as pp said.

Their buildings insurance might not cover it (and have you checked that yours does?).

Our policy doesn't cover storm damage to gates or fences, nor the removal of the fallen tree, unless it damaged the building.

If I were in your shoes, for the sake of a good relationship with my neighbour, I'd be paying to put everything right.

I would pay myself for the sake of good neighbourly relations.

What Hyperion said

You might be liable. Depends on the reason the tree fell. Was it perfectly healthy and well maintained and it was just the strength of the wind that caused it to fall. Or, have you not maintained it and the wind was the last straw.

ou are not liable unless the tree was dangerous/diseased and you knew about it and did nothing. Or if you failed to maintain the tree properly and this failure caused it to fall (unlikely as the winds caused the fall). Your neighbour needs to claim on their own insurance. Should be covered as storm damage although some policies exclude fences in which case neighbour will have to bear cost. Neighbour has to prove your negligence in order for you to be liable.

This is my (second hand) experience too. The insurer additionally advised it was very difficult to prove negligence.

@popcornsong

You are not liable unless the tree was dangerous/diseased and you knew about it and did nothing. Or if you failed to maintain the tree properly and this failure caused it to fall (unlikely as the winds caused the fall). Your neighbour needs to claim on their own insurance. Should be covered as storm damage although some policies exclude fences in which case neighbour will have to bear cost. Neighbour has to prove your negligence in order for you to be liable.

Absolutely this.

As a gesture of good will I'd offer to pay half, if you can afford to.

Your tree, your mess. Why get into bad neighbourly relations over this?

Just had this with a work rental property, our tree fell in their driveway. Our insurance told us it was an act of God and they would need to claim on their own insurance.
Obviously you have to live with them so there could be a moral decision to male and maybe offer something towards the costs.

@extractorfactor

Your insurance. As PP said your tree your responsibility.

Not true Our tree took out our shed, fence , wheelie bin garden furniture Next doors garage 3rd house along car Odd bits of other neighbours Each claimed on own insurance/ house or car We paid excesses but most repaid us whentgey got the back from their insurer who claimed of ours Tree had TPo and had been checked very recently by council who had refuse permission to fell Whole road delighted and excesses less than cost to take it down

Don't waste your time on here! Get on the phone to your insurance company and ask the professionals!!!!