Texas is no stranger to natural disasters. Tropical storms, hurricanes, and tornadoes regularly visit the state of Texas and leave a trial of disaster once they’re finished. It should come as no surprise that fallen debris can cause serious damage, especially if it’s an uprooted tree.
Broken, fallen or uprooted trees can cause significant damage. Whether it’s on your garage, home, fence, car or porch; fallen trees can cause a structure to collapse or be destroyed completely. What’s worse is that a fallen tree can occur outside of a natural disaster. Some trees fall or break because of damaged, shallow or unestablished root systems.
If your property has been damaged by a falling tree, we recommend you contact an experienced insurance claims attorney immediately.
Attorney for Fallen Tree Claims in Texas
When a tree falls it can create substantial damage depending on where it lands. Receiving coverage for it can also be confusing if it’s unclear who the tree belongs to. In many cases, neighbors are unsure of who’s liable for the tree because it’s roots and branches cross their property lines. If you had a tree fall on your property, we recommend you gain skilled representation before making any major decisions.
We advise you get in contact with LeMaster & Ahmed PLLC. Our insurance lawyers have been practicing and representing for damage claims policyholders for years in Texas. We understand that struggling legal issues and your daily life can be overwhelming. We want to help by providing you with effective representation you can trust. Call us now at (888) 306-2119 to set up a free consultation.
LeMaster & Ahmed PLLC represents people throughout the greater Houston area such as Galveston County, Harris County, Dallas County, Montgomery County and Collin County.
Overview of Fallen Trees in Texas
- Who’s Liable if a Tree Falls on My Property?
- Will My Insurance Remove the Tree and Debris?
- Why Did My Insurance Reject My Claim?
- Additional Resources
Who’s Liable if a Tree Falls on My Property?
If a tree on your property falls, then your insurance company is the only liable for damages. You will simply need to file a claim with your insurance company to receive coverage for any losses. However, most fallen tree incidents are more complicated than that. In many situations, the tree that’s fallen is located on your neighbor’s property. This means they can be held legally responsible for the damages you’ve experienced.
If this happens, your insurance company may attempt to collect from your neighbor’s insurance. This process is known as subrogation. It Is when your insurance has paid your claim, but then steps into the insured’s place and sues the third-party’s insurance company so they can recover their losses. If they’re successful, you might have your deductible reimbursed.
Will My Insurance Remove the Tree and Debris?
Depending on your policy, your insurance may cover the costs for removing the tree. This relies on the insurer, but typically your policy will state their limit for tree removal is about $500 to $1,000. However, the tree must hit an insured structure for your insurance to be liable for tree removal costs.
If the tree didn’t hit an insured structure, then you cannot receive coverage for the debris removal. Your insurance may, however, pay the costs for removal if the tree is blocking a driveway or ramp used to assist the handicapped.
Why Did My Insurance Deny My Fallen Tree Claim?
Most property insurance policies include fallen trees as a peril. It’s highly recommended you read your policy thoroughly before you attempt to contact insurance or file a claim. Your insurance company may act deceptive and utilize confusing verbiage to persuade you into thinking that fallen trees aren’t covered in your policy.
This is because some insurers want to make a profit from their policyholders. To do this, they will go through leaps and hurdles to dispute, delay or deny coverage. In some cases, an insurance company will purposely dodge calls and postpone meetings so they can exhaust the policyholder into paying the costs themselves. Insurers who use suspicious and dishonest practices are considered to be acting in bad faith.
An insurance company is acting in bad faith if they intentionally refuse to uphold their implied or express duties. Denying, delaying or disputing a valid claim is considered a bad faith action. If you believe your insurance is acting in bad faith, then you can choose to file a claim against them for your losses.
You can hire experienced legal representation to fight for your coverage rights. A trusted insurance lawyer will negotiate with adjusters, third-party insurance companies, collect imperative evidence and litigate in court if necessary. They can prove your insurance company was acting in bad faith in court and help you recover from your losses.
If you’re successful, then the court will grant you a monetary award. The award is designed to help you become “whole” once again by providing compensation for your losses. Some damages you may be able to recover include, but are not limited to repairs, tree and debris removal, attorney’s fees, and mental anguish.
What to Do If a Tree Falls on Your House – Visit the official website for the Insurance Information Institute (III), a non-profit dedicated to spreading resources for insurance policyholders. Access the site to learn about fallen tree claims, why a tree may fall and if other types of vegetation such as shrubs are covered.
Answered Question About Fallen Tree Claims – Visit the official website for the Texas Department of Insurance to read their frequently asked questions regarding fallen tree claims. Access their site to learn if your homeowner’s insurance policy covers fallen trees, what to do if your neighbor tree falls on your property and if insurance will provide debris removal service.
Texas Lawyer for Fallen Trees Insurance Claims
Has a tree unexpectedly fallen on your property? Are you stuck with piling bills and an insurance company that refuses to compensate you? If so, we recommend you gain trusted legal representation. Find that dedicated attorney today at LeMaster & Ahmed PLLC.
Our lawyers at LeMaster & Ahmed PLLC have been representing people’s interests in property insurance for years. With our extensive resources, we will investigate your claim thoroughly. At LeMaster & Ahmed PLLC, we have negotiated with both insurance companies and third-party insurers with success. Let us attempt to do the same for you by calling (888) 306-2119.
LeMaster & Ahmed PLLC represents people throughout the greater Houston and Dallas area including DeSoto, San Antonio, Balch Springs, Galveston, Plano, Conroe, The Woodlands, Austin and Irving.
This article was last updated on August 12, 2019.