When a tree falls ... who pays?

While philosophers argue about the sound a tree makes if there's no one there to hear it fall, the real-world issue is: Who is going to pay for the damage when my falling tree destroys your property, or vice versa?

This is one of the most often frequently asked questions of homeowners insurance companies. No wonder, because the lack of rain in Georgia has stressed trees from the mountains to the coast.

All it takes is a tropical storm such as Fay and some gusty winds to bring the big trees down. It happened to me once when a big tree that looked healthy with green leaves and big branches crashed down during a storm, heavily damaging my neighbor's swimming pool.

Who is responsible?

We looked at the base of the tree where it snapped and found that there was rot in the center, but no outward appearance of damage.

I called my homeowners insurer and was told to tell the neighbor to call his insurer because the damage was to their property. Out came the adjuster for the insurer, and soon the downed tree was gone and the pool was repaired.

The neighbor's insurer handled the claim and then subrogated the claim with my insurer, because my tree had caused the damage. That's just an insurance term for my insurer paying his insurer for the cost of the claim.

That's how it happened in my case, but there are several factors to keep in mind when dealing with downed trees:

- As a responsible homeowner, it's a good idea to periodically have the trees inspected by an arborist. If a damaged or dying tree isn't taken down and it causes damage to a neighbor's property, there could be a legal battle, especially if significant damage or injury occurs and the tree was clearly in distress.

- Your insurer is typically obligated to pay for the removal of trees from your property only when insured property is damaged. Reconsider filing a claim if your deductible won't offset the cost of just paying for it yourself.

- Although your tree falls on your neighbor's property, it might not be your fault. Insurers call that an "act of God," and your neighbor's insurance policy may cover the cost then.

David Colmans is the executive director of the Georgia Insurance Information Service. Reach him at (770) 565-3806 or at dcolmans@giis.org.