Who Is Responsible for Windstorm Damage

The Omaha Metro area has been hit hard this year by storms. The July 31st storm had winds as strong as a category 2 hurricane, and it left significant damage in its wake.

 

Trees were particularly susceptible to the effects of the strong winds, particularly larger, more established trees. Omaha streets and tree limb drop-off sites are full of fallen limbs, branches, and sometimes, entire trees.

 

As homeowners clean-up and assess the damage to their property, many are confused about who is responsible for the repairs to vehicles, fences, homes, and roofs The answer may depend on the tree’s condition before the storm.

 

This chart may answer some questions about who is responsible for removal of, and damage caused by a fallen limb or tree.

 

If the tree was alive before the storm, the owner of the tree is not responsible for damage to a neighbor’s home because the storm could not have been prevented. If the tree was dead, the owner of the tree could be responsible because the damage could potentially have been avoided.

 

It is important to understand your insurance policy, so you aren’t caught off guard in circumstances like this. It is also a good idea to know your deductible before you file a claim. If the cost of repairs doesn’t exceed comes close to your deductible, it is better to pay out-of-pocket and avoid potential impact to your policy

 

Unfortunately, natural disasters like windstorms can’t be avoided. But you can make the process easier by understanding your policy and who is responsible for damages.