Back to Blog Insurance Your Neighbor's Tree Fell on Your Roof: Who Pays in Texas?
Mark WhiteOctober 28, 20255 min read It happens more often than you'd think: a storm rolls through, and your neighbor's 60-year-old pecan tree decides today's the day. The trunk splits, half the tree lands on your roof, and you're left wondering who's responsible.
The answer, under Texas law, is usually not intuitive.
The General Rule: Your Insurance Pays
In most cases, YOUR homeowner's insurance covers tree damage to YOUR property, even when the tree belongs to your neighbor. This seems unfair, but it's how property insurance works: your policy covers damage to your property from covered perils (falling trees are a covered peril) regardless of who owned the tree.
You'd roofing storm damage restoration under your own policy, pay your deductible, and your insurer would handle the roof repair or replacement.
The Exception: Negligence
If your neighbor KNEW the tree was dead, diseased, or dangerous, and you can prove they knew, they may be liable for the damage. This is a negligence standard. Evidence would include: documented communications where you warned them about the tree, arborist reports showing the tree was hazardous, visible signs of decay that a reasonable person would have addressed.
In negligence cases, your insurance company may pursue 'subrogation', seeking reimbursement from your neighbor's liability insurance. But this is their fight, not yours.
Get an Instant Roof Estimate
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Try the Instant Estimator →Practical Steps After a Tree Strike
Document everything with photos and video immediately. Call a roofer for emergency tarping if needed ($300-$800). File a claim with YOUR insurance company. Let the insurance companies sort out liability between themselves.
Legacy provides emergency tarping and full roof repair/replacement for tree damage across San Antonio. Call (210) 272-7272.
Got a roofing question? Something keeping you up at night? (Besides that mysterious dripping sound?) Email me personally at mwhite@legacytx.com. I read and answer every single one.
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Owner, Legacy Home Improvements · San Antonio since 1999
Mark has been in the roofing business for over 25 years. He personally inspects homes, works with insurance adjusters, and answers every email at mwhite@legacytx.com.
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