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Fallen Tree – will we have to pay excess?


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#1 Bwok~Bwok

Posted 05 December 2012 - 08:46 PM


Our neighbours (they are lovely elderly people) tree fell over a couple of days ago and took out the fence.

Their insurance company told them they would replace the shed and remove the tree (which they advised us about) but then they got a call from the insurance company today to say they will only cover half the cost of the fence and will only remove the part of the tree that is on their property! The only part remaining on their property is basically the stump. 2/3rds of the tree is on our property.

So it looks like we have to contact our insurance company. Will we have to pay an excess considering the tree is on their property?

Thanks! original.gif

#2 *Lib*

Posted 05 December 2012 - 09:01 PM

QUOTE (Ibea @ 05/12/2012, 08:57 PM) <{POST_SNAPBACK}>
If a claim is made on your policy, then the excess will have to be paid by someone. If your neighbors agree to pay because it's their tree then you are lucky. If they won't pay, you will have to and you could pursue them for it but it wouldn't be worth it.

Yep that.

#3 PopsiclePeach

Posted 05 December 2012 - 09:06 PM

This happened to my mum - she had a large gum tree on her property that dropped a large branch and damaged part of her neighbour's fence.  Mum tried to claim it on her insurance, but was told that her neighbour had to claim it on her insurance.  Mum offered to pay the neighbour's excess however but she didn't have to do that.

#4 ByzantineEmpress

Posted 05 December 2012 - 09:06 PM

It will all come down to who is liable. An excess is paid for an at fault or non recoverable claim. Call your insurance company, they will be able to talk you through your options and if you decide not to go ahead you always have the option of withdrawing the claim.

#5 Feral Nicety

Posted 05 December 2012 - 09:10 PM

I'd talk to your insurance company to see what they say. It seems odd to me that their insurance company will only cover the damage on their property.

#6 luke's mummu

Posted 05 December 2012 - 09:29 PM

Ye you will have to pay the excess. We had a similar thing happen a few months ago. A neighbour' was part-way thru demolishing a veranda, strong winds and the roof blew off and into our house and damaged tiles and the guttering. I rang our insurance company and they confirmed what he had said, there is no "not at fault" cover for housing, the wind was an "act of God" so he was not to blame.

Our house excess was $900, so we had to pay for the repairs ourselves. Oouch. Next time our house insurance is due we will reduce the excess!!!

#7 claptrap

Posted 05 December 2012 - 09:50 PM

I posted a very similar dilemma a few weeks ago, OP - if I could find the old thread I'd link to it for you.

It is standard policy that an insurance company will only pay half of the costs of fence replacement if your neighbour claims, and you will need to claim your portion separately, even if it was the neighbour's tree that caused the damage.

As PPs have said there is usually no concept of "no fault" with house insurance, which means that yes, you will have to pay the excess if you decide to proceed with your claim.  Trees falling, irrespective of in which property they are located, are seen as an "act of god".

I found out the hard way (and it was my tree).  I was fortunate in that the cost of the fence repair was minimal, and I was paying the excess anyway due to a much larger claim, so I just paid my neighbour's share and had the fence fixed.  It seemed a small price to pay to avoid years of neighbour tension and morally I felt it was the right thing to do.


#8 mindy05

Posted 05 December 2012 - 10:19 PM

Happened with our neighbours' tree. It took out our side fence as well as neighbours' back fence. We just paid for the half of the side fence which needed replacing. The neighbours got someone into chop up the tree, but we just got them to leave all the wood on our property. Haven't had to buy much firewood over the past 5 years.




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