Neighbor's tree fell on my house? -

I recently had to file a claim about two months ago. This past weekend a tree fell on my house. Not sure where the property line is, but I think it's the neighbor's tree. Do I file another claim, or pay out of pocket. Estimate was around 800. Deductible is 500. If it's neighbors tree, will their insurance cover? I just had a neighbor's tree fall on my car and had to research this. If the tree was obviously dead, technically "to the point that a reasonable and prudent person would remove it" then yes, their homeowner's insurance is responsible for all damages and expenses incurred. If the tree was alive then it is considered an "act of nature" and your homeowner's insurance should still cover it. They may be able to recoup the deductible from your neighbor, but if it's alive then it's not likely. Good luck and sorry to hear it. I know it sucks. This kind of accident is usually considered an 'act of God' unless you can prove gross negligence on the part of your neighbor, so the claim would go against your homeowner company. I would not recommend filing a claim to only gain $300, especially considering you already have a claim on your record. I hate that part of the insurance business, some carriers (most actually) have a 'use it and lose it' mentality and will nonrenew your policy due to having claims. Even though the tree belongs to your neighbor unless you can prove that the tree was dead and an obvious hazard prior to the fall you will not be able to file a successful claim against your neighbor or his insurance company. In terms of filing a claim with your homeowners insurance policy, if the tree fell as a result of a severe weather event that caused damage to a wide swath of properties, i.e. a catastrophe situation would be the only way I would consider filing the claim. Catastrophe claims (also known as cat claims in the industry) are not counted against you in terms of the number of claims paid out. If many properties were damaged as a result of a windstorm double check with your agent (not the insurance company) and ask him/her if the event has been labeled a cat loss before you file a claim. All other types of claims are counted against you by most companies if they occur within the last 36 months. The average homeowner has one claim in a 17 year period so if you have two claims within 3 years you will be labeled a poor risk and will probably be cancelled or non-renewed for cause. The problem then becomes that you will be considered a poor risk to all other carriers and you will end up having to obtain insurance via your state FAIR Plan (a quasi-governmental insurance company plan to maintain insurance for sub-standard properties) Lloyds of London or another substandard insurance company that specializes in this type of risk. The policy you can obtain through these markets are at a much higher cost and also offer very limited coverage. You will be subjected to this sub-standard pricing/market for 3 years from the date of your last loss. Basically to get $300 you will end up paying at least 10 times more over the span of 3 years. I would not file this claim! Good Luck First go speak with your neigbor and find out where the property line is. Your neighbor may know. If the tree is on your neighbors property- here's how it works - if the tree is dead/dying - the the point that a reasonably prudent person could look at the tree and say "that tree is dead or dying" then the neighbors insurance will pay for the damage. If the tree is a healthy tree - then the neighbors policy will not pay for it. If the tree is on your property - then your homeowners will pay to remove the tree from the house and repair the damage (less you deductible). It does not matter if the tree is dead/dying for your policy to pay. You file a claim. How much damage did it do to your house? It's not going to be the neighbor's fault, unless they were in the process of cutting it down and helped it fall. Otherwise, just like their leaves that land in your yard, it's your responsibility. So it doesn't matter who's tree it is. Their insurance won't pay to rake up leaves, or pick up tree branches, or even trees, that land in your yard, or on your house. The ONLY way it could pay, is if they caused the damage deliberately. Which isn't the case, I'm guessing. I'm a bit confused . . how you can have damage to your house, that low?? In any case, NO WAY would I file a $300 claim. Because of that, I have a $1,000 deductible on my policy. It will save you HEAPS of money, going from the $500 to $1,000. You need to find out whose tree it is first, then proceed from there. If it's his tree, his insurance should cover it.