Had a tree located on our property fall over and damaged the fence between us and the neighbours.
Called the insurance company, and they say they'll only cover 50% of the fence, as its a shared fence … even though it was a tree on our property which damaged it.
Has anyone had this situation before? I'm probably not going to make a claim anyway, given the bloody excess is $1000.
That is our experience as well, but I don't think the neighbour's insurance can claim on you, unless there was specific negligence that contributed to the damage.
If its a dividing fence it is normal for each party to pay half.
Not if you are the one who caused the damage.
Yeah. Ops tree damaged the fence so they should fix it all
Op, The damage come from your side of the fence. The owner may be able to demand that your restore the fence to its original condition before the damage at your expense.
Nope. It's counted as an act of god if a tree falls without any negligence on the part of the property owner. Each pay their own costs.
OP needs to provide more details of the condition of the tree before it is a nope or yes which is why I said: "may be able to demand".
thatonethere linked.
https://insurancelaw.org.au/factsheets/when-a-tree-falls-in-…
For you to be liable, generally you need to be aware the tree:
is near the boundary and is in a dangerous condition, or
belongs to a species which is known to ‘drop’ branches
If a strong, healthy tree blows down across the fence in a storm, this is considered to be an ‘act of God’ for which there is no liability.When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you. It is generally advisable to have Home and Contents insurance which will cover you for your “legal liability”. An insurer generally sets a limit of $20 million for “legal liability” to pay damages arising from a claim for an accident that results in death, bodily injury, or damage to property of a third party not living with you. This extends to damages if a tree on your property falls and damages another persons property and you are liable.
If you are not liable, then your insurer is not either.
If you knew the tree was dangerous, for example, an arborist had recommended its removal or you had a council order requiring its removal which you failed to act on, then you may be exposed to some liability. If you think there may be an issue, notify your insurer immediately.
With boundary fences, generally each neighbour is responsible for 50% of the cost for repair or replacement of the fence. As you are only liable for 50%, then your insurer is only liable for 50%.
This is incorrect as my brother was in the exact same situation earlier in the year. A tree on his property fell on to a shared fence and they were both liable to pay.
Check the Fencing Act in your state. Yes, there are so many disputes over fencing the governments had to create specific legislation. In WA, damage to a fence caused by a tree on your property is 100% your responsibility. Other states may be different.
This is a common question and what seems morally correct is not actually the correct answer
https://insurancelaw.org.au/factsheets/when-a-tree-falls-in-…
(Ie insurer is correct)
oh :o
few weeks ago part of the fence blew down.
put through insurance, quote was 4000, after excess I got 800…
All they did was send out someone to put up temp fence.that was up 4 odd weeks then they took it back.
Neighbour has been ok verbally so far… he said he'd arrange quotes, but I dont think he has done shit - I'll ask tonight and then get quotes myself… but still hard in Melb to get any action from fencers. … and now th rest of it is not looking good..
its 1/2 your problem and 1/2 theirs.
Neighbors house caught on a fire a few years ago and burnt the fence. Even though he was liable (freaking moron was burning paper on a 35 degree day), insurance only covered half
Like phuck id pay a cent towards my neighbours tree falling on the fence.
If its a dividing fence it is normal for each party to pay half.
You will claim on your insurance - which will pay half; your neighbour will claim on their insurance - which will pay half.
If your neighbour's insurance wants to seek recovery from you, you pass that to your insurer.