Insurance and liability

Who pays when a tree causes damage

Three guides on the question everyone asks after a storm and nobody asks before one.

The three guides

Does home insurance cover tree removal? — what is typically covered, what is typically excluded, and the maintenance and wear exclusions that catch people out.

What to do if a tree falls on your house — the first hour, the safety decisions, and the documentation that makes the claim straightforward.

Are you liable for a fallen tree on a neighbour's property? — how negligence works with trees, why written notice matters so much, and the NSW dispute pathway.

The principle underneath all three

Insurance covers sudden and accidental damage. It does not cover the consequences of neglect.

That single distinction explains most declined claims involving trees. An insurer assessing a fallen tree will look at whether the tree was obviously dead or defective beforehand, and whether the owner did anything about it. Where a tree was visibly hazardous for years and the owner ignored it, an insurer has a reasonable argument.

Which makes documented maintenance the cheapest insurance-related purchase available. An annual assessment and a deadwooding job in winter is both a safety measure and a paper trail — the seasonal checklist covers what to do and when.

Central Coast context

Storm damage here is concentrated between October and March, driven by east coast lows and southerly busters. The common failure patterns are windthrow on the saturated low ground around Woy Woy, the Tuggerah Lakes margins and the Wyong flats, and limb failure on the tall trees of the ridges and the Ourimbah valley.

Both are foreseeable. Both are reduced by work done in winter and by knowing what the signs of a failing tree look like.

The paper trail is the cheap part

Nothing on this page costs less than an annual inspection and a written arborist note on the large trees near your house. A few hundred dollars a year on a property with mature canopy buys two things at once: the deadwood comes out before it lands on something, and you acquire evidence that you acted on professional advice.

That evidence is what turns "you should have known the tree was dangerous" into a defensible position, whether the other party is an insurer, a neighbour or a court. It is the single highest-value thing an owner of big trees can do, and almost nobody does it until after the first failure.

If a neighbour has written to you about a tree, treat that letter as the start of a clock rather than a nuisance.

The regulations guides cover approval and safety, the cost guides cover price, and the full index is in the guides library.

FAQs

Frequently asked questions

Does my insurer pay to remove a tree that fell in my yard?

Usually only if it damaged something insured. Most home and contents policies cover removal of a fallen tree where it has damaged the building or another insured structure, and many exclude or limit removal where the tree simply fell on open ground. Policies differ significantly on this point, so read the product disclosure statement rather than assuming.

If my neighbour's tree falls on my house, do they pay?

Not automatically. Liability in negligence generally requires that the owner knew or ought to have known the tree was dangerous and failed to act. A healthy tree brought down by an extreme storm is usually treated as beyond anyone's control, and each party claims on their own insurance. Where the tree was visibly dead or defective and was raised in writing, the analysis changes.

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