NORFOLK, Va. (WVEC) — It’s the cleanup stage and damage control for many in Hampton Roads.
Driving around the area, you can see the broken homes from downed trees and debris.
Many viewers reached out to us to ask if they are responsible for the damage at a neighbor’s home if the damage came from their yard.
To find an answer, we went straight to the experts at Old Dominion University.
Associate Professor, Michael McShane said the answer to this question comes down to one insurance rule.
“That’s the Act of God clause,” said McShane. “I don’t think most people know about it. Most people will say ‘well it’s my tree. So, I should be responsible.'”
However, McShane explained the clause determines who’s responsible, based on the health of the tree.
“You know, that tree looked healthy,” said McShane. “I couldn’t have known that it was going to blow down on my neighbor’s property. So, I am not liable.”
Meaning your neighbor's insurance would pay for the damage.
If your tree was unhealthy, McShane said you would most likely not be found negligent, and therefore, would not be found liable and your insurance should cover it, but you could end up paying a deductible.
Meaning we can verify that you are not responsible for the damage that comes from your yard.
McShane does warn though, that the health of a tree is subjective to the insurance company and if you don’t have insurance, you’ll have to pay out of pocket.
“I always recommend that if there’s any damage to your neighbor’s property that you offer to pay out of pocket expenses just to maintain good neighborly relations, which are priceless,” said McShane.
Moral of the story is: have insurance and if your neighbor's tree looks risky hanging over your property you should politely ask or write a note asking them to trim it back or cut it down.