A storm came through and your neighbor’s tree is now sitting on your roof. Your first instinct is to go knock on their door. Here’s what you need to know before you do.
Under Texas law, when a healthy tree falls due to an act of nature — a storm, straight-line winds, a tornado — the tree owner is generally not liable for the damage it causes. The reasoning is that they couldn’t control the weather. Your homeowners insurance covers the damage to your property, and their homeowners insurance covers damage to theirs.
This surprises most people. It feels wrong. It’s their tree. But the legal standard in Texas is whether negligence was involved — not who owned the tree.
The analysis changes if the tree was already dead, diseased, or visibly dangerous before it fell — and your neighbor knew about it.
If you previously sent a written notice to your neighbor that their tree was dead or structurally compromised, that letter is evidence they had notice of a hazard and failed to act. In that case, negligence is in play and their liability coverage may be responsible for your damage.
The practical standard: did a reasonable person know the tree was a risk? A tree that’s been visibly dead for a year, showing structural rot, leaning over your roof — yes. A healthy tree that snapped in a 90-mph straight-line wind event — generally no.
First: document everything before anyone touches the tree. Photographs of the tree on the roof, the entry point, the damage to the structure, and — importantly — the condition of the tree itself. Is it dead? Rotten at the base? Or a healthy tree that snapped in the storm? This evidence matters for both the insurance claim and any subsequent liability discussion.
Second: call your insurance company to open a claim. Don’t wait on your neighbor to do the right thing — your policy’s storm damage coverage handles this.
Third: get the roof temporarily protected. A restoration company can install tarping to prevent further water intrusion while the insurance process plays out. This is called emergency mitigation and is almost universally covered by insurance — it’s far cheaper than the additional damage that occurs if rain gets in before permanent repairs.
Most Texas HO-3 policies include a limited allowance for tree removal — typically $500 to $1,000 — when the tree has caused damage to the structure. This is not a full tree-removal coverage; it’s a limited benefit to remove the portion of the tree necessary to make repairs.
If the tree fell in the yard but didn’t damage the structure, removal is usually not covered. The insurance company’s obligation is to restore your property to its pre-loss condition, not to remove an inconvenient tree.
In Texas, most policies have a separate wind and hail deductible that is calculated as a percentage of your home’s insured value — often 1% or 2%. On a home insured for $400,000, a 2% deductible is $8,000. This can be a significant out-of-pocket cost even on a substantial claim.
Check your declarations page before you assume your deductible. If your neighbor is clearly liable (dead tree, prior notice), their liability coverage may be a better avenue — their policy doesn’t have a separate wind/hail deductible applied to your claim.
You can absolutely tell your neighbor what happened. Most neighbors cooperate — they file a claim with their own insurer if the situation supports it, or they at least stay out of the way while you handle it through yours.
What you shouldn’t do: agree to split costs informally before consulting your insurer, or sign anything your neighbor or their insurer sends you without reviewing it.
In a storm: your insurance pays. If the tree was known to be dead or hazardous: your neighbor may be liable. Document first, protect the structure, file your claim, and don’t sign anything until you understand your options.
If a tree just hit your house and you need emergency tarping and documentation for an insurance claim, call 247 Restoration Specialists. We respond across the Houston metro 24/7 and we know exactly what adjusters need to see.
You can pursue a negligence claim if you can show your neighbor knew the tree was hazardous and failed to act. Texas courts have held tree owners liable when they had notice of a dangerous condition. Without prior notice of a hazard, a healthy tree that falls in a storm is generally treated as an act of nature rather than negligence.
File through your own insurer. If liability is established, your insurer can pursue subrogation — recovering what they paid from your neighbor directly. That’s between your insurance company and your neighbor; your role is simply to file your claim and cooperate with the process.
Structural assessment and tarping can happen within 24–48 hours. Permanent roof and interior repairs depend on the extent of structural damage and interior water intrusion. A job involving framing damage and water damage to ceilings and walls typically takes two to four weeks once insurance scope is approved.
