Tree fell on my neighbor's property

[lobo201]

What is the name of your state (only U.S. law)? New Jersey
If a tree from my property fell on my neighbor's property who is responsible for any damages? There was a thunder and lighting storm and a tree splitted in half and fell. I heard the neighbors talking but they did not ask or mention anyhting yet since this just happened about one hour ago.
What are the steps to follow in this case?
Should i call the insurance company or should i wait until the neighbor says something?
Thanks

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey
If a tree from my property fell on my neighbor's property who is responsible for any damages? There was a thunder and lighting storm and a tree splitted in half and fell. I heard the neighbors talking but they did not ask or mention anyhting yet since this just happened about one hour ago.
What are the steps to follow in this case?
Should i call the insurance company or should i wait until the neighbor says something?
Thanks

I would start with the entity that caused the tree to fall. Unfortunately, said entity is notoriously difficult to serve.

I am, of course, assuming that the tree was otherwise healthy...

 

[JustAPal00]

I would probably help the neighbor clean up their mess, but ultimately it is their responsibility.

 

[asiny]

Providing the tree was not dead, dying or in 'bad shape' - your neighbour would file with their own homeowners.

What was the damage caused? You say 'their property' but that could mean it fell on their lawn. Was it something tangible, such as a shed, fence, car, home?

 

[lobo201]

Providing the tree was not dead, dying or in 'bad shape' - your neighbour would file with their own homeowners.

What was the damage caused? You say 'their property' but that could mean it fell on their lawn. Was it something tangible, such as a shed, fence, car, home?

I believe the tree just fell on their lawn and did not damage the home or shed. There is no fence dividing the two properties and the driveway is not near the fallen tree. Basically it will be the removal of the tree.

 

[justalayman]

If the tree appears to be healthy, this is simply an act of Gawd and as such, the part of the tree on their lawn is theirs and the part on yours is yours. If you want to be a good neighbor, you could surely offer to take care of the entire tree since it was your tree but you are not obligated to do so.


I do not know what your homeowners insurance covers or what kind of deductible you have but it is likely you would gain little from involving your insurance company.


If the tree was not healthy, if that was known or should have been known prior to the storm, you are liable for any damages the tree caused. Again, depending on the actual amount of damages and your insurance, you may or may not gain something from involving them.

 

[asiny]

If the tree appears to be healthy, this is simply an act of Gawd and as such, the part of the tree on their lawn is theirs and the part on yours is yours. If you want to be a good neighbor, you could surely offer to take care of the entire tree since it was your tree but you are not obligated to do so.

If I was your neighbour and you genuinely offered to help with the removal... I would be grateful - especially with me knowing how it 'falls' on me to remove it.

 

[lobo201]

If the tree appears to be healthy, this is simply an act of Gawd and as such, the part of the tree on their lawn is theirs and the part on yours is yours. If you want to be a good neighbor, you could surely offer to take care of the entire tree since it was your tree but you are not obligated to do so.


I do not know what your homeowners insurance covers or what kind of deductible you have but it is likely you would gain little from involving your insurance company.


If the tree was not healthy, if that was known or should have been known prior to the storm, you are liable for any damages the tree caused. Again, depending on the actual amount of damages and your insurance, you may or may not gain something from involving them.

Thank you very much for the comments and advice. It is really helpful.