Determining liability for a fallen tree in Texas can be complicated, especially when it involves insurance coverage and questions of negligence. The cause of the fall, weather conditions, and the tree’s maintenance history all play important roles. Speaking with a property damage attorney can help you understand your rights, navigate the insurance claim process, and pursue proper compensation when necessary.

Who Is Responsible When a Neighbor’s Tree Falls on My Property in Texas?

In Texas, liability depends on the circumstances surrounding the fall. As a general rule, a property owner is not automatically responsible for damage caused by a tree originating on their land. They may only be liable if they were negligent—for example, if the tree showed obvious signs of decay, disease, or instability and they failed to address the hazard.

If a healthy tree falls due to natural events such as storms, high winds, or lightning, the incident is typically considered an “Act of God,” meaning your neighbor is likely not responsible for the resulting damage.

Does Home Insurance Cover A Tree Falling on Your House?

Most Texas homeowners insurance policies do cover damage caused by fallen trees, even when the tree originates from a neighboring property. Coverage usually applies when the fall was caused by weather-related events such as windstorms, rainstorms, or lightning.

However, insurers may deny or limit coverage if the damage resulted from poor maintenance, dead trees, or long-standing hazards that were ignored. Always review your policy or speak with your insurance provider to confirm what is covered. Document the damage thoroughly and file a claim as soon as possible.

What Should I Do Immediately After a Neighbor’s Tree Falls on My Property?

If a neighbor’s tree falls on your property, follow these steps:

• Ensure Safety: Check for immediate hazards and ensure everyone is safe. If there are any injuries or ongoing dangers, call emergency services.

• Document the Damage: Take detailed photos or videos of the fallen tree and any damage it caused to your property.

• Notify Your Neighbor: Inform your neighbor about the incident, especially if their tree has caused significant damage.

• Contact Your Insurance Provider: Report the damage to your homeowner’s insurance company. They‘ll guide you through the claims process.

• Prevent Further Damage: If possible, cover the damaged area with a tarp or similar material to protect it from additional damage.

• Seek Professional Help: Arrange for a professional to assess the damage and remove the tree. Your insurance provider may assist with this process.

How Do I File a Claim for Property Damage From a Neighbor’s Tree in Texas?

To file a claim for property damage caused by a neighbor’s tree in Texas, start by gathering documentation of the damage. This includes photos or videos of the fallen tree and the affected property, and obtaining any repair estimates or bills. Notify your homeowners’ insurance provider about the incident and provide them with the documentation.

Complete any required claim forms provided by your insurance company, including a detailed description of the damage and how it occurred. Submit the forms and supporting documents to your insurance provider. An insurance adjuster may visit your property to assess the damage and determine the coverage amount. 

Once the claim is processed, review the settlement offer from your insurance company. If the offer meets your expectations, proceed with the repairs using the claim funds. If not, and you need to appeal, hiring a lawyer can be beneficial. 

Lawyers with expertise handling insurance claims can negotiate with insurance companies, particularly if the initial claim was denied or the settlement offer is inadequate. They navigate complex insurance policies, gather necessary evidence, and advocate on your behalf to ensure you receive fair compensation. A lawyer can provide guidance on your legal rights and options if the insurance company is uncooperative. Consulting a lawyer is valuable if the damage is substantial or if you face difficulties in resolving the claim.

Can I Sue My Neighbor for Tree Damage in Texas?

You may sue your neighbor for tree-related damage if you can prove negligence—meaning the tree was visibly dangerous and your neighbor failed to maintain or remove it. Signs of negligence may include:

• Rotting or decaying wood

• Dead limbs

• Leaning trunks

• Visible pest infestation

If the tree fell due solely to natural forces and was healthy, proving negligence becomes much more difficult. A property damage attorney can evaluate the evidence and determine whether you have a viable claim.

Who Pays for Tree Removal After a Storm in Texas?

Tree removal typically falls on the property owner where the tree lands, not where it originated. If a storm causes your neighbor’s tree to fall onto your property, you are typically responsible for removal unless your neighbor was negligent.

However, if the tree was clearly dead, diseased, or hazardous—and your neighbor ignored the danger—their homeowners insurance may be responsible for the removal and related damage. Review your own policy and speak with an attorney if the claim becomes disputed.

How Can I Prevent Future Tree Damage in Texas?

To prevent future tree damage in Texas, regular tree maintenance is important; schedule routine inspections and pruning with a certified arborist to ensure trees are free of weak branches that could cause damage during storms. Plant trees away from structures and power lines to minimize risk. Ensuring that trees receive appropriate care, like proper watering, fertilization, and pest control, will maintain their health and strength. Take precautionary measures before storms by securing loose branches and removing dead or diseased trees. Selecting wind-resistant tree species can provide protection. Regularly review your homeowners’ insurance policy to confirm it covers tree damage and understand your coverage limits.

Does My Insurance Premium Go Up If I File a Claim for Tree Damage?

Filing a claim for tree damage might affect your insurance premium. Insurance companies may view frequent claims as an increased risk, which can lead to higher premiums. The impact on your premium depends on the frequency and severity of claims, your claims history, and your insurance provider policies. Discuss the implications with your insurance company before filing a claim to understand how it might affect your rates.

Grisham & Kendall: Texas Property Damage Lawyers

If you believe your insurance company isn’t treating you fairly, our experienced attorneys at Grisham & Kendall can assist you. Our dedicated team handles homeowners insurance claims on a contingency fee basis, meaning you only pay if we successfully secure a settlement or win your case in court. Contact us today for a free evaluation of your claim.