Tree Falls on Neighbour's Roof - Who Pays?

[grand dad]

A perfectly solid tree in my backyard was blown over in a gale onto my neighbor's roof. Some damage to my house as well, although not a great deal. The tree was in great shape until the storm hit and showed no signs of falling down.

Who pays for the cleanup and damage?

The following American link says its an Act of God and that the neighbor is responsible for his own damage. And I am responsible for mine. Does the same apply under British/Australian law?

http://articles.mcall.com/2011-11-0...e-claims-20111102_1_limb-tree-damage-property

Responses from people with formal legal qualifications would be greatly appreciated.

Many thanks in advance.

 

[Ed Barton]

If you've got insurance let the insurance company(s) work it out.

 

[D.T.]

If Johnny next door has his property damaged, he should contact his insurance company to repair.

Just because tree was on your property was not your problem imho.

 

[S.T]

According to the Victoria Valuer-General's Office barely 2% of homes in Melb are on development sized blocks. In Frankston - and this is the interesting bit for wannabe developers - more than 40% of homes are on dual occ sites. You can confirm this by calling the VG's office to ask, if you want to be doubly sure.



oh sorry wrong thread!!

 

[Macca]

I would think that you contact your insurance company and they contact theirs asap.

Insurance companies prefer to handle it from the start, I would not be admitting any liability to my neighbour. I would tell them that I have contacted my insurance company and leave it at that.

 

[Peter_Tersteeg]

You'd be surprised at how good insurance companies are at talking to each other. Then again, they're also really bad at it when it's convenient for them.

Either way, this is for them to work out.

 

[Hoffy]

Damage on your side is your insurance claim, damage on neighbours side is their insurance claim. Happened to us.

To the point that the tree loppers organised by our company cut the fallen tree at the fence line and removed our side and left the rest on the other side for their mob.

 

[Paul@PFI]

If you are in Cairns and fortunate to have storm cover than you are insured and cannot sue for damages, not without surrendur of your insurance rights. Your insurer would refuse a claim. Your claim is on YOUR policy not theirs. The insurer will chose to recover its loss using agreed rules that all insurers abide by. If the other party is uninsured the insurer will choose to recover their loss through legal means or not. That is their choice. Your policy will oblige you to assist in that regard in most cases or at least not do or say anything contrary.

If you are uninsured, then you may have right to claim upon your neighbours policy if it is their tree. Or sue for loss. If the tree is yours then its tough luck.

 

[Peterw]

This legislation covers QLD now. Hope it helps

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/N/NeighDisputesDFTA11.pdf