Claims Against Toppled Trees

There are rights and liabilities on claims against toppled trees in California. Sometimes, people do not mind to claim or sue a neighbor mindful of having animosity from a neighbor. But for those who pursue a claim and damages of any mishaps by a tree toppling into your property, we have compiled significant steps on what to do after the incident.

When your neighbor’s tree come crashing down onto your property

1. The Insurance claim. Notify immediately your homeowners’ insurance company. Most homeowner’s insurance policies have coverage for damage caused from falling trees.

For the tree owner, an insurance policy may also cover damage to your neighbors to the extent of damage caused by your carelessness. Do not sign a release form or any document from the insurer if you fail to get an adequate compensation for your loss. This will give up your right to bring legal action against the insurer.

2. The court litigation. Once you decide to claim from your insurer the full compensation for your loss, you can pursue a lawsuit against the insurance company on the proceeds you want to claim. You are entitled to compensation for the cost to repair and clean up the property of debris.

3. To get your reasonable amount, get written estimates for all of the work required on repairs and cleaning activities in the property.

In cases where the property is beyond repair or cannot be repaired, you are actually entitled to collect the differential amount of your property value before and after the damage as can be assessed and determined by a certified real estate appraiser. This way, a full compensation for your loss is properly addressed.

4. Filing a claim against your neighbor. When you or a family member suffered injuries from a neighbor’s toppled tree, you are entitled to full reimbursement for your medical bills. This also includes medical expenses covered by your insurance. Due to the problem, you may not have reported for work and incurred lost wages. You can also claim for lost wages in your lawsuit. There are also some cases where you may be entitled to compensation for your emotional distress.

Punitive damages can also be included If you can reasonably demonstrate that your neighbor showed a conscious disregard for your safety and rights. Courts typically award additional damages aimed at punishing your neighbor for his or her failure to take corrective action. Once you have reasonably pointed out the dangerous condition and the neighbor refused to act on it, you can be awarded punitive damages.

How can you prevail in court?

1. Show the court that the toppled tree has caused damage and belongs to your neighbor

2. Show the court that your neighbor was properly informed and have known of the hazard but did nothing to prevent it. Written letters sent or mailed to your neighbor before the incident happened are strong evidence of notification.

3. Show the court that the tree has damaged your property or even injured you or your family members. Present or show the value of the damage on your property and the medical expenses for the injuries you or your family have sustained.

For tree owners, it may cost several hundred dollars to remove or stabilize a hazardous tree but it may prove to be worth it and avoid such potential problems. After all, there are rights and liabilities on claims against toppled trees in California.