Most Texans who have been here for any amount of time will tell you that we don't have the traditional four seasons in our great state. We have several levels of the gates of hell in the summertime when the mercury rises to absurd levels. We generally have about a week of fall weather sometime between the first of October and Thanksgiving. Spring is really wild because thunderstorms can pop up from early March to Memorial Day. Oh, and don't forget that second storm season during the traditional fall months. Winter is a total crap shoot depending upon what part of the state that you live in. The weather is just wild for homeowners in Texas whether you live in Amarillo up in the Panhandle or Corpus Christi down on the Coast.
But one thing that happens to Texas homeowners no matter the time of year is tree damage that comes from the weather that can kick up year round! We all think of the winds that come at any time, but even healthy trees like native post oak can be compromised with a cold snap like we had in that record breaking snap in 2021. If your home was built in the last 20 years, and let's face it that a lot of Texas homes have been, you or a previous owner likely did some planting of trees in the yard. Many of the trees that have been planted are not native to Texas and don't always stand up to the brutal weather changes that exist in all parts of Texas! So what is a homeowner with trees to do when trees fall? Is there coverage for trees on your Texas Homeowners Insurance Policy?
What Happens When A Tree Falls In Texas
Insurance coverage for trees is going to be broken down into categories. Your homeowners policy can provide financial coverage for you in several different ways. If your tree falls on your property whether there is damage to your house or not, many typical homeowners insurance policies will provide coverage for the cost of removal of fallen trees on your property. They will often have a separate deductible for debris removal since the amount of your All Other Perils deductible will likely be greater than the cost of the tree removal service. Your insurance agent should be able to show you this coverage very quickly.
The next part of this equation comes when we look at what happens when a tree falls on your house. When a tree falls on a home, your typical homeowners insurance policy is going to respond. It will be subject to the All Other Perils deductible on that policy, which can change whether or not you want to make a claim for tree damage. If the cost of repairs and tree removal expenses is less than that deductible amount, making an insurance claim will not be a wise idea. This is because you will not get any money from the insurance company and have a claim on your report.
Who Is Responsible If The Tree Falls On My Neighbor's House?
While many angry neighbors love to scream about this question, we must determine who has the liability to the damage to answer it. And while not necessarily intuitive, the answer is fairly straightforward with respect to Ft Worth Home Insurance policies. It doesn't come down to who is the biggest cheapskate neighbor, it comes down to where the damage occurs and the known condition of the tree. Let's look at how location and liability determine who is ultimately responsible and which homeowners policy is ultimately going to foot the bill for the cost of damages.
Defining Who Has Liability For The Tree
When a storm blows in, this is not a factor that you can control. The winds are well beyond your control unless you are actually God. While Texans are pretty cool, we are going to assume that's not you or your employment. Since that's the case, it then becomes a function of what you can control on your property. If you, the Grapevine homeowner, are taking great care of your trees and suddenly a large gust of wind causes your tree to land somewhere else, it is not considered a problem since you would not be considered negligent. This would be beyond your control as a homeowner. And as a result, any property damage or structural damage to your neighbor would not be your liability. The homeowners insurance company of the damaged home would be responsible for covering the costs of repairs even if it was your tree to begin with.
Now for the counter argument that is made by neighbors everywhere. If you have a dead tree on your property that has evidence of prior rotting that gets catapulted down the street into a neighbor's home we will potentially have a problem. Knowledge of this dead tree can be defined as negligence on your part as a homeowner and the liability of the accident will be assigned to you. That means that your homeowners insurance coverage can be responsible for the damage to the neighbor's home through your personal liability amount. Does that make you change whether or not $100,000 is enough on your policy?
Assuming Liability Is Defined, How Do Claims Get Paid?
In the world of Texas home insurance, if you are liable for damages to a property you will be on the hook for payment. That means your insurance carrier will end up paying for the other person's home. If there is no liability defined to the tree owner, the homeowners insurance for the property where the damage occurs will be responsible for paying out.
If there is a question about the condition of the offending tree after a weather event creates damage on a neighbor's home, the claim process will likely take a while. What will often happen is that the damaged home will file a claim for insurance on their own policy. Your insurance carrier will then attempt to determine how liability should be defined and assigned. If it is determined that your neighbor is negligent with their tree, they will then start the process of subrogating the claim against your neighbor's home insurance company to recover the dollars along with the homeowners insurance deductible that you paid during the claims process. This will allow you to get your home back into shape as well properly assign fault for the event.
Work With An Insurance Professional
Now, with all of that said. We cannot provide legal advice from our website. Make sure that you are getting professional advice for your insurance that includes comprehensive coverage for your home. This will keep you from being caught in a pickle when the next storm rolls through your part of Texas.
Beyond that, find ways to be a good neighbor rather than that cheapskate neighbor. That's part of what Texans are known around the world for besides our fabulous BBQ. Work with your neighbor to help clean up the debris if it's your tree. Or help cover the costs of debris removal if there isn't a claim for insurance. Split the costs of the deductible for tree removal or work done. It's the Texas way y'all.
When you work with the independent insurance agents at Insurance For Texans, they are going to offer you TRUE Texas Home Insurance. This means that they are going to make sure that you understand what you might have to pay as a deductible before insurance kicks in. They are going to make sure that you have enough personal liability coverage to take care of your neighbor. They will provide the expert advice that you need to navigate wind storms, deep freezes, and the dead limbs that come with them.
We work for you and not some big insurance company. Our goal is to make sure that your family and it's home are protected from threats of financial responsibility for trees and other things that can wreck your day. Let our agents help you secure your home and your future.
Click that button below to get TRUE Texas Home Insurance so that you can just watch the lightning and enjoy the show.
