Fallen trees and home insurance: are you covered?

Does home insurance cover fallen tree damage?

In most cases, yes — home insurance will cover damage and certain other expenses caused by a fallen tree, but only if two conditions are met:

1. The tree fell due to an insured peril
2. The tree damaged an insured structure, like your home, or a detached structure that your policy covered

An insured peril is a hazard covered by your policy. Many home insurance policies include coverage against sudden and catastrophic events like windstorms, lightning, fire, vandalism, or impact by a vehicle.

As long as it’s an insured peril that causes a tree to fall and damage your insured property, the repair (and sometimes cleanup) costs would be covered under your home insurance policy. For example, if a windstorm fells a tree onto your house, the resulting damage should be covered — wind is a covered peril under most home insurance policies.

What happens if a tree falls from a neighbor’s property?

If your neighbor’s tree falls onto your property, the insurance outcomes depend on the cause.

If the tree falls due to a sudden and accidental event (like a windstorm), your home insurance will cover you just as it would if it were your own tree. Similarly, a neighbor would claim coverage under their own insurance for any damage to their property.

For damage to your property, you can initiate a claim with your insurance company. If they agree to cover the loss, they’ll pay for the repair costs, up to the coverage limits you’ve selected, less any applicable deductibles on your policy. If your tree fell on your neighbor’s house, they’d go through the same process with their insurer.

Liability and fallen trees

The process of determining who should be held liable is not always straightforward in insurance — especially when a case pertains to fallen trees. There are so many factors that need to be considered, like how and why the tree fell, where it was located, and whether there’s negligence involved.

Unforeseen events, like storms or high winds, are generally not anyone’s fault, so neither you nor your neighbor would be held liable. Each homeowner would file a claim with their own insurance company to recover the damages.

When negligence is involved, however, it’s typically the tree owner who is liable.¹ Negligence towards a tree includes ignoring signs of disease or a pest infestation, not properly pruning the branches, or leaving a dead tree to rot for years.

Suppose your neighbor ignores your concerns about a diseased tree in their yard overhanging your fence. If it topples over and destroys parts of your home, you could sue them, alleging negligence on their part. But rather than waiting for a legal battle to play out, you’ll likely prefer to get the repairs underway as soon as possible.

In this case, you would file a claim with your insurance company. You will be compensated for the repairs upfront. Then, the insurance company would seek reimbursement from your neighbor through a process called subrogation.

Subrogation allows insurers to recover costs from a third party if that party is liable for damage to their customer’s property. Your neighbor should have their own home insurance, too. Their policy’s liability coverage would help them pay legal costs and damages for which they’re found liable. In such cases, the legal dispute happens between your insurer and your neighbor’s insurer.

Even if someone’s insurance covers all the costs for which they’re liable, there may still be consequences — such as having to pay higher premiums.

All these headaches can be avoided with some simple prevention. Make sure you’re staying proactive in your tree maintenance and addressing risks sooner rather than later. You’re not only protecting your property but also safeguarding those who live near you.

Who is liable when a tree belonging to the city falls on your property?

Firstly, municipalities are generally only responsible for trees planted along streets, parks, and other public land. They aren’t responsible for any privately owned trees — like those planted on your or your neighbor’s property.

Secondly, cities can’t be held legally liable for a tree on public land unless there’s evidence that they’ve been negligent in maintaining the tree. Or, if the tree was dead or dying before it fell and damaged your house.²

But even then, they’re not necessarily responsible for every accident that occurs. There needs to be a reasonable municipal policy specific to tree-related maintenance from which negligence can be proven.

In any case, if you have concerns over a tree planted by the city in front of your house, contact your local municipality. You’ll at least be doing your part in notifying them about the hazards it poses.

If that tree ends up falling onto your property, contact your municipality again, as they may hire someone to have it removed. Contact your insurer, too. They can help get repairs started and investigate whether subrogation against the city is possible.

What coverage do you need for fallen trees?

Coverage options differ between insurers and policies, but most will have some protection for property damage caused by a fallen tree. You should be insured regardless of who owns the tree.³

In Canada, every home insurance policy comes with dwelling (or building) coverage. This pays for repairs to the house itself and any attached structures (like a garage or balcony) on your premises, up to your policy’s limit.

Home insurance policies often include coverage for detached structures, too, though it’s sometimes optional. This pays for repairs to your detached structures (like a shed) up to a certain limit. Typically, the coverage limit for detached structures is 10% of the dwelling coverage limit. Policies from Square One have customizable detached structure limits, however.

If damage from the fallen tree renders your house unlivable, Additional Living Expenses (ALE) covers temporary increases to your accommodation and living expenses (like food, transportation, and utilities). ALE applies only if the damage itself is covered by your policy. You can typically claim ALE for the time it takes to complete the repairs or until you reach your coverage limit (whichever occurs first).

Lastly, if your tree falls and injures someone else or damages their property, you’ll need liability insurance to protect you against a lawsuit that they may launch against you. Liability coverage is standard on all home insurance policies.

But before any coverage kicks in, you’ll have to pay your deductible first. Some policies have deductibles that apply to specific causes of loss. If your policy has a separate earthquake deductible, for instance, that’s what you’d pay if an earthquake caused the tree to fall.

A tree toppling over your house can feel far-fetched, but when it comes to home protection, it’s better to be safe than sorry — especially if you live near large trees. If a tree looks like it can cause serious damage, it may be a good idea to adjust your coverage limits.

Does home insurance cover fallen tree removal?

Most home insurance policies will cover the cost of removing trees that fall onto your property, up to your policy’s insured limit, if the tree fell due to an insured peril.

Certain insurers will pay up to $5,000 for the removal of trees fallen on the insured premises. This applies per occurrence, which means the $5,000 limit (and applicable deductible) will apply to each event that results in one or more trees falling. Depending on the insurer, there may be higher or lower caps on these payouts.

Of course, there’s a caveat: for some home insurance policies, there usually has to be some damage to repair. If a tree falls harmlessly on your lawn, your insurance might cover it, but the cost of hiring someone to remove the tree is likely less than your deductible.

Removing large trees is generally more expensive than removing smaller ones, and factors like the tree’s condition and complexity of removal may impact the final price. Review your policy documents for details on how your insurer might handle tree removal. If something is unclear, ask your insurer for clarity.

Warning signs a tree might fall

Part of being a responsible homeowner is ensuring that the trees on your property are well-maintained. You can take care of some low-risk maintenance tasks, like pruning, all on your own — though it’s best to leave the trickier jobs to a qualified professional or an arborist.

As such, here’s a list of common warning signs which may indicate that a tree’s stability is compromised:

• Leaning: If a tree has a noticeable lean of more than 15 degrees, there’s likely too much pressure on the trunk — falling over is inevitable at that angle, sooner or later.⁴
• Cracked or split trunk: Deep cracks, splits, or cavities in the trunk can weaken the tree’s structural integrity.
• Decaying root system: A tree’s roots are what anchor it to the ground. If the roots are visibly exposed, severed, or decaying, it could signify that the tree is destabilized.
• Dying branches: If you see a sudden increase in dead branches littering the ground, particularly after windy weather, it may be a sign that the tree itself is also dead.
• Rotten wood: Soft, spongy, or crumbly wood, especially at the base of the tree or on the trunk, indicates wood rot. This can severely weaken the tree’s structure and cause it to collapse.
• Fungal growth: The presence of mushrooms, conks, or other fungi at the base of the tree may indicate internal decay, which can be a sign of inherent weak spots.
• Recent weather damage: Trees that have been damaged in severe storms or other extreme weather events may be more susceptible to falling.

If your tree shows signs that it’s in a weakened condition, it’s crucial to address those issues before they become a major hazard.

Commonly asked questions

Does home insurance cover fallen tree damage to your car?

No, home insurance does not cover damage to your car caused by a fallen tree. While home insurance can cover damage to your home and its contents, it doesn’t extend to vehicles parked on your property.

If you want coverage for your vehicle against fallen tree damage, you’ll need to have a car insurance policy with comprehensive coverage. This type of coverage protects you against a wide range of perils, like if a lightning strike knocks a tree onto your car.

Can I remove a fallen tree myself?

You can, but most municipalities have rules for when you might need a tree removal permit. It’s best to check your local bylaws first before you start handling things yourself.

If it’s a small tree, it’s possible to remove it yourself if you know what you’re doing. However, going the DIY route without the right tools or knowledge might just lead to more problems — like accidental injury to yourself or people nearby.

It’s safer and more efficient to hire a certified arborist, especially for larger trees. They’re knowledgeable, well-equipped, and have the right safety training to handle the risks in the removal process, such as working around power lines and preventing further damage to your property.

Sources

1. RDM Lawyers LLP. “A Tree Falls on Your Fence: Now What?” rdmlawyers.com, rdmlawyers.com/insights/civil-litigation/a-tree-falls-on-your-fence-now-what/. Accessed 14 Nov. 2024.
2. Yeung, Lien, and Zeidler, Maryse. “B.C. Storm Sparks Questions about Legality of Trees on Public Property.” CBC News, 11 Mar. 2016, www.cbc.ca/news/canada/british-columbia/bc-storm-public-trees-responsibility-1.3486575.
3. Insurance Information Institute. “If a Tree Falls on Your House, Are You Covered?” iii.org, iii.org/article/if-a-tree-falls-on-your-house-are-you-covered. Accessed 15 Nov. 2024.
4. Tree Care Inc. “How Far Can a Tree Lean Before It Falls?” treecareincusa.com, treecareincusa.com/how-far-can-tree-lean-before-it-falls/. Accessed 15 Nov. 2024.

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