Legal Question in Insurance Law in North Carolina

Liability for personal property damage`

During a strong wind storm, a tree branch from a tree on my property fell onto the neighbor's car. Am I liable for the damage and can I file home insurance for the claim (if I am liable)?


Asked on 4/22/00, 11:12 am

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Liability for personal property damage`

If you were negligent, you can be held liable. This is

not automatic, but the other party can make a claim

against you. Yes, your homeowner's insurer will cover

you for this, but they may not pay anything if you

are not at fault.

It may be your neighbor will make a claim under his

own auto or homeowner's policy for the property

damage, which will pay him without regard to any

fault of anyone.

You should advise your agent/insurer of the incident

immediately to protect yourself. If you are friendly

with your neighbor, go find out what he is planning

and then you will know what to do.

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Answered on 5/25/00, 2:57 pm


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