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About James R. Berliner, CPCU
Expertise
My specialty is personal and busines insurance, relating to the property and casualty field. Homeowners, Auto, Business Auto, Workers Compensation, Business Interruption, Crime, Directors & Officers Liability, Employment Practices Liability, Professional Liability, General Liability, Umbrella Liability, etc.

Experience
I am the owner of my own agency (established 1970), have obtained my CPCU designation, and am licensed in many states.

Organizations
IIABA (Independent Insurance Agents and Brokers of America), CPCU Society, PIACT (Professional Insurance Agents of Connecticut - Board of Directors)

You are here: Experts > Money > Personal Insurance > Property & Casualty Insurance > Falling Tree

Property & Casualty Insurance - Falling Tree

Expert: James R. Berliner, CPCU - 10/27/2009

Question
Who is responsible for a tree falling on my car. The tree was in my neighbor's yard? He does not live there it is a vacant lot.

Answer
Hi Fran,

The answer to this question is based on whether your neighbor was negligent. If the tree was in obvious ill health, and your neighbor failed to address this as a prudent person would do, then he/she may be negligent, and therefore responsible. If the tree appeared healthy and in satisfactory condition, and there was no obvious sign of rot or ill health, then your neighbor was not negligent, therefore not responsible.

If it is still possible, take pictures of the tree showing it to have obvious signs of problems (if it really does) and show them to your insurance company. If your insurance company pursues this against the owner of the property, you may be able to get your deductible back.

I suspect this will be difficult to pursue against the neighbor directly, but if you can put up with the damage on your car, give that a try first...

James Berliner

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