A Tree Crushed My Neighbor’s Car. The Insurance Fight Lasted 8 Months.

February 24, 2026

So there’s this massive oak tree on my neighbor Gary’s property. It’s beautiful—probably 80 years old, towers over everything, provides great shade. It also leans slightly toward my other neighbor Diane’s driveway.

Last March, during a windstorm, a major limb came down. Not the whole tree—just a limb. But that limb crushed Diane’s Subaru like a soda can. Total loss.

What followed was eight months of insurance companies pointing fingers at each other, Diane without a car, Gary stressed about being sued, and me stuck in the middle because they both kept asking me insurance questions. (The curse of being the “insurance friend.”)

Let me tell you what I learned about tree damage insurance—because the rules are NOT what most people expect.

The Basic Rule (That Surprised Everyone)

Here’s the thing though. When a tree falls on something, the general rule is: each person uses their own insurance for their own stuff.

According to the Insurance Information Institute, if a tree hits your home or car, you file a claim with YOUR insurance company—regardless of whose property the tree was on.

So when Gary’s tree hit Diane’s car:

Diane’s auto insurance (comprehensive coverage) covered the car damage
Gary’s homeowners insurance was NOT responsible for Diane’s car
Diane had to pay her own deductible

Diane was furious. “But it was HIS tree! Why should I pay my deductible? Why should MY rates go up?”

Welcome to the wonderful world of property insurance, Diane.

Wait, Why Doesn’t the Tree Owner Pay?

This is where negligence comes in. In most cases, the tree falling is considered an “act of God” or a weather event—not anyone’s fault. And insurance follows fault.

HOWEVER—and this is the important part—if the tree owner knew the tree was dangerous and did nothing about it, that can be negligence. And negligence changes everything.

Signs of a “dangerous tree” that could trigger negligence:

Visible decay, rot, or disease
Dead branches
Cracks in the trunk
Leaning significantly
Exposed or damaged roots
Previous arborist warnings

If Diane could prove Gary knew the tree was dangerous and ignored it, her insurance company could pursue Gary’s homeowners policy through a process called subrogation. They’d try to recover what they paid out, plus potentially her deductible.

In Gary and Diane’s case, this is exactly what happened—and why it took 8 months.

What Actually Happened (The Long Version)

Here’s how it played out:

Month 1: Tree falls. Diane files auto claim. Her insurance totals the car and pays out. She pays $500 deductible. She’s pissed at Gary.

Month 2: Diane’s insurance starts investigating whether Gary was negligent. They find out Diane had emailed Gary a year earlier saying “that tree looks sketchy, you should have it looked at.” Gary never responded.

Month 3-4: Diane’s insurance sends a subrogation demand to Gary’s homeowners insurance. Gary’s insurance denies it, claiming the email wasn’t sufficient notice and the tree showed no visible signs of disease.

Month 5-6: More back-and-forth. Both sides hire arborists to examine the stump. Diane’s arborist says there was obvious internal rot. Gary’s arborist says it wasn’t visible from outside.

Month 7: Diane hires a lawyer to go after Gary personally (in addition to the insurance companies fighting). Gary is now worried about personal liability.

Month 8: Settlement. Gary’s insurance pays 60% of the claim including Diane’s deductible. Diane accepts. Everyone is exhausted and nobody is happy.

The friendship between Gary and Diane? Pretty strained. They still wave, but the backyard barbecue invitations have stopped.

What Each Insurance Actually Covers

Let me break this down clearly because it’s confusing:

If a tree hits YOUR house:

Your homeowners insurance covers the damage to your house
Usually covers the cost of tree removal (up to a limit, often $500-$1,000 per tree)
Doesn’t matter whose property the tree came from

If a tree hits YOUR car:

Your auto comprehensive coverage covers the damage
Comprehensive covers “other than collision” events including falling objects
You pay your deductible
Doesn’t matter whose property the tree came from

If YOUR tree hits a neighbor’s stuff:

Generally, their insurance covers their damage
UNLESS you were negligent about a dangerous tree
Then your homeowners liability might be on the hook

If a tree falls but hits nothing:

You’re generally on your own for removal costs
Some policies cover removal if it blocks a driveway or accessibility ramp
Check your specific policy

The Negligence Question You Need to Think About

If you have trees on your property, ask yourself:

When was the last time an arborist looked at them?
Are there any dead branches?
Any visible cracks or decay?
Are they leaning toward neighbor’s property?
Has anyone (neighbor, city, etc.) mentioned concerns?

If someone has expressed concern IN WRITING (email, letter, text) and you ignored it, that’s documentation that could be used against you. Gary learned this the hard way with Diane’s email.

The smart move is: have an arborist inspect large trees every few years. Document their findings. Address any concerns promptly. If a tree needs to come down, take it down—even though it’s expensive. It’s cheaper than a lawsuit.

What About Your Car Parked Under Someone Else’s Tree?

If you’re parking under a neighbor’s sketchy-looking tree… maybe don’t?

But if you do and it falls, you’re using your own comprehensive coverage. Period. Unless you can prove negligence, you’re eating your deductible and any impact to your rates.

I know someone who parks on the street specifically to avoid the neighbor’s iffy-looking oak. Is it paranoid? Maybe. Is it smart? Also maybe.

What If You Don’t Have Comprehensive Coverage?

If a tree hits your car and you only have liability coverage (no comprehensive), you’re basically out of luck unless you can prove neighbor negligence and sue them directly.

This is one of the reasons I always recommend comprehensive coverage even on older cars—it covers so much stuff that’s outside your control. Falling trees, theft, vandalism, deer strikes, hail… stuff that happens TO you, not because of you.

The Umbrella Insurance Thing

If you own property with large trees and you’re worried about liability, consider umbrella insurance. It provides extra liability coverage beyond what your homeowners policy offers.

If Gary’s homeowners liability had maxed out at $300,000 and Diane had sued for $500,000 in damages, an umbrella policy would have covered the excess. Without it, Gary would have been personally on the hook for the difference.

Umbrella policies are surprisingly affordable—often $200-$300/year for $1 million in coverage. When you own trees that could crush a car (or worse), that’s worth thinking about.

The Takeaways

Real talk about trees and insurance:

Your insurance covers your stuff, their insurance covers theirs. That’s the baseline.
Negligence changes everything. Ignore a dangerous tree at your peril.
Document everything. Get arborist inspections. Keep records. Cover your butt.
Make sure you have comprehensive auto coverage. Trees fall. It happens.
Consider umbrella insurance if you own large trees. The liability exposure is real.
Talk to your neighbors about concerning trees BEFORE there’s a problem. Do it in writing. Be polite. But have that paper trail.

Gary eventually took down the whole oak tree. Cost him $4,000. He grumbles about it every time I see him. But at least there’s nothing left to fall on Diane’s new Subaru.

Liability, Collision, and Comprehensive are not interested in trees, by the way. Chickens prefer shrubs. Much safer for everyone involved.