SACRAMENTO, Calif. — After a series of winter storms ran roughshod across the "City of Trees," the question for many is who exactly is responsible after one of those trees fell on their car or home.
A salvo of heavy winds from winter storms toppled hundreds of trees across the city, turning a point of pride for the city's canopy of trees into a source of pain.
A massive elm tree in Midtown crushed the roof a home, just missing a corner bedroom, and elsewhere many drivers are paying the cost for simply parking near a tree at the wrong time.
It begs the question as to who is responsible.
"The short answer is that if your neighbor's tree falls on your property or your automobile, you are responsible for that," said Amy Harris, spokesperson for State Farm.
Keep in mind, California law does honor what's called "premise liability," but people should proceed with caution.
"Unless you can prove that in some way the homeowner was negligent and the tree was either dead or falling over before the storm, they would not be liable," said Harris.
For now, people should take a close look at their home owners insurance and call their agent.
"If a tree falls on your property, but doesn't do any damage to either your home or your automobile, there is no coverage to have that removed," said Harris. "If it does do damage to any covered property, so anything that's covered under your policy, either home or auto, there is coverage provided for that removal."
Some people might be covered if they have comprehensive auto insurance.
"We always recommend comprehensive coverage. That would cover it. If you have that on your policy, we always encourage people to reach out to the agent at least annually and just go over what your coverage options are," said Harris. "Everybody's needs and situations are different, and so we just like to make sure that everybody has the coverage that works best for them."
When it comes to hiring a crew to clean up fallen trees on homes or cars, it's recommended to go with a trusted source.
"We just encourage folks, before they reach out to any sort of tree removal company, to contact your agent first and just find out what your options are. And then, if you do have to go to the next step of getting that tree removed from a company, make sure you're finding somebody that's licensed and bonded. That will protect you in case anything happens," said Harris.
To report a tree fallen on the road or on public property, call 311.
If a tree is publicly owned by the city or county of Sacramento, people can file a claim for damages with the government. You can find the link for the City of Sacramento HERE and the link for Sacramento County HERE.
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