Who pays when a tree falls on your house or yard in Pennsylvania?
Updated · KeystoneProGuide editorial team
If a tree falls on your house, who pays?
Usually your own homeowners insurance, whoever owned the tree. The Insurance Information Institute (Triple-I), an insurance industry information body, says that if a tree hits your home or another insured structure, such as a detached garage, a standard homeowners policy covers the damage to the structure and to its contents. It says this is true for trees felled by wind, lightning or hail, and that "You are insured no matter who owns the tree." You file the claim with your own insurer.
Every policy is different, so treat Triple-I's description as the usual pattern, not a promise about yours. Read your own policy, or ask your agent, before you need it. The Federal Trade Commission gives the same advice as part of preparing for storms: check that your policy is current and find out what is and is not covered.
What if it was the neighbor's tree?
Your insurer still pays first, and may then try to recover. Triple-I says that where a fallen tree stood on a neighbor's property, your insurance company may try to collect from the neighbor's insurer, a process called subrogation. If it succeeds, you may get your deductible back. Triple-I adds that after a windstorm, trees and branches can travel some distance, and in most cases an insurer will not spend time working out where a tree came from.
Does insurance pay to remove the tree?
Up to a limit, and only in some cases. Triple-I says that if a tree hits an insured structure, a homeowners policy covers the cost of removing it, generally up to about $500 to $1,000, depending on the insurer and the policy. If the tree did not hit an insured structure, there is generally no coverage for removing it, though some insurers will pay when a fallen tree blocks a driveway or a ramp for a person with a disability.
Removal can cost more than that allowance. The cost survey Angi puts the national average for tree removal at $750, with emergency removals after storms reaching up to $5,000, while Fixr puts clearing a tree that has already fallen at $150 to $300. Ask your insurer what it will pay before you agree a price.
Are the trees themselves covered?
Only for some causes. Triple-I says standard policies cover damage to trees and shrubs from fire, lightning, explosion, theft, aircraft, vehicles not owned by the resident, vandalism and malicious mischief. That list does not include wind. Coverage for these causes is generally limited to 5 percent of the insurance on the house, and most insurers cap the amount for any one tree, shrub or plant.
Can neglect cost you the claim?
It can. Triple-I says poor maintenance is not covered by homeowners insurance, and advises keeping trees healthy and prepared for winter weather and storms. The Pennsylvania Insurance Department is more specific: it says to trim tree branches before a storm, and that insurance policies may deny claims for damage caused by negligence, "such as neglecting dead or overhanging limbs."
What about trees along the street?
Rules differ by town. Penn State Extension says that under Pennsylvania's municipal law the property owner next to a street tree is responsible for the cost of removing it, and that a municipality can remove a high-risk street tree after notice, bill the owner and file a lien if the bill goes unpaid. Philadelphia is different in practice: its Parks & Recreation department prunes and removes hazardous street trees for free, and tells residents to call 911 when a fallen tree or branch blocks the street or lands on a roof or car.
How do you protect a claim?
Follow the Insurance Department's steps:
- Contact your insurer as soon as possible, follow its instructions, and note the name and title of everyone you speak to.
- Take photos or video of the damage before you clean up or repair anything.
- Make only the immediate repairs needed to prevent further damage, and no permanent repairs until the insurer approves them.
- Keep every receipt.
- Do not rush a settlement. Find out what the repairs will cost before you agree, and be ready to negotiate.
- If the claim is denied, check the policy, appeal to the insurer's claim manager, and contact the department's Consumer Help Center if questions remain.
What should you watch out for?
Offers that sound too helpful. Georgia's Attorney General warns that some storm contractors offer to cover the homeowner's deductible and persuade the owner to give false reports to the insurer, which can implicate the homeowner in insurance fraud, and advises talking to your insurer before committing to any storm work. The Pennsylvania Insurance Department says public adjusters, whom you can hire to handle a claim, are licensed by the state, and offers an online tool to check one.
Clean-up after the insurer has seen the damage is covered in what to do when a storm damages a tree, and the wider list of storm scams in tree service scams to avoid. Price ranges for planned work are in what tree work costs. PECO says disposing of storm debris is the customer's responsibility and that it cannot help with it.
Sources
- If a tree falls on your house, are you covered?, Insurance Information Institute
- Natural Disaster Insurance Guide, Pennsylvania Insurance Department
- How To Prepare for a Weather Emergency While Avoiding Scams, Federal Trade Commission
- Consumer Alert: Carr Warns of Home Repair Fraud, Scams Following Recent Storms, Georgia Attorney General's Consumer Protection Division
- Dealing with Tree Risk: Tips for Municipal Shade Tree Commissions, Penn State Extension
- How Much Does Tree Removal Cost?, Angi
- Tree Removal Cost, Fixr
- Our Crews Respond Quickly to Storm Damage, PECO
- Street tree frequently asked questions, City of Philadelphia, Parks & Recreation