Who covers the cost of a fallen tree on a house or car in Canada?

This article has been updated from a previous version.  

With nearly 10.2 million trees, Toronto boasts one of the most expansive. Every year, the City of Toronto plants over 100,000 trees on public lands (like parks, green spaces and streets).  

In an incident covered by Global News, a large tree collapsed on not one but two homes on Jane Street, caused by a lightning strike during a storm. Climate change is driving stronger winds and more intense weather events, weakening trees and increasing the chance of branches falling or entire trees uprooting.  

These incidents can cause significant damage to homes, vehicles, and other property, whether they're on public roads, private land, or parked in a seemingly safe spot. 

While the City handles upkeep for trees on public property, private property owners must ensure trees on their land are properly pruned and cared for. However, even when trees are well-maintained, extreme weather can still wreak havoc.  

So, who steps in to pay for the damages? 

Insurance can provide a safety net in such cases. Depending on your policy, damages caused by falling trees or branches, whether at home or while parked elsewhere, may be covered. Here's a look at who’s responsible if a tree (or branch) lands on your home or car.  

If a tree falls on your property in Ontario, who is responsible?

When it comes to your home, the damage caused by a fallen tree is typically covered under standard home insurance policies, but certain conditions apply. 

“In most cases, home insurance policies will cover the cost of removing the fallen tree,” says Eric Hayes, an insurance broker with McDougall Insurance and Financial. “As well as taking care of any repairs to your house, additional living expenses such as hotel stays, and restaurant meals incurred while your home is being renovated from the damage.”  

Coverage details 

Most standard home insurance policies protect you in three key ways when it comes to tree damage. 

1. Dwelling coverage: This is the core of your home insurance, covering the structure of your house, including walls, roofs, floors, and built-in appliances. If a tree falls on your home during a storm, this coverage helps repair or rebuild the damaged areas. 
2. Personal property coverage: If your belongings, such as furniture, electronics, or clothing, are damaged by a fallen tree, this part of your policy helps repair or replace them. 
3. Additional living expenses (ALE): If tree damage makes your home temporarily uninhabitable, ALE coverage steps in to cover temporary living costs like hotel stays, meals, and laundry while repairs are completed. 

However, it’s essential to note that most policies will not cover the removal of a fallen tree unless it damages your home. For instance, if a tree falls in your yard or blocks your driveway but doesn’t cause structural harm, the costs to remove it typically won’t be reimbursed. 

Hayes advises homeowners to double-check whether their policy includes windstorm or weather-related endorsements, especially if you live in high-risk areas for severe weather. 

Read more: How much home insurance coverage do you actually need? 

If a tree on public property falls on your home

Despite the fact that the City of Toronto bears legal liability for trees on public land, simply filing a claim against the city doesn’t guarantee compensation for damages. An investigation will take place to assess the maintenance history and state of the tree.   

Claims are assessed based on the tree's maintenance history. If its condition met municipal standards, the City is not obligated to pay out damages caused during a storm. 

Residents are encouraged to report any potentially hazardous trees to the City in advance by calling 311. Preventative action is key, as damage inflicted by neglected trees is more likely to be compensated. 

If your neighbour's tree falls on your home

If the fallen tree belongs to a neighbour, your own home insurance typically covers the damage if the tree was perfectly healthy and toppled over during a storm.  

On the other hand, Hayes explains, if your neighbor ignored clear signs of decay or damage, they may be held liable for associated costs. Documenting risks, such as taking photos of problematic trees, can help protect your case in such instances. 

Related: Will a GoFundMe gift affect your home insurance claims payout? 

If a tree falls on your car, who is responsible?

Almost as bad as having a tree topple onto your house is having a tree fall onto your parked car. Some Toronto car owners may be surprised to learn that they aren’t guaranteed to have damages to their vehicle covered by the City of Toronto.   

Fallen trees can cause significant harm to vehicles, leaving car owners reliant on their policies for financial recourse. 

Coverage details 

For your car to be insured against tree damage, you must have comprehensive auto insurance. Liability-only coverage won’t apply if a tree damages your car. 

Comprehensive policies typically cover costs associated with repairs or replacement when a tree causes damage, regardless of whether the tree is on your property, a neighbor’s yard, or public land. 

Related: How much auto insurance do you need? 

Assessing liability  

When a tree falls on your car, your insurer may investigate who owns the tree and whether negligence was a factor. If the tree belonged to your neighbor or the City and evidence shows it was poorly maintained, liability could shift to them. However, just as with homes, if the tree fell during a storm, responsibility often rests with the car owner’s insurance policy. 

Some comprehensive policies also include endorsements for higher-value repairs, rental car coverage, or waiver of depreciation for newer vehicles. These options can provide greater financial security and convenience while your car is being assessed or repaired. 

Public and neighboring trees

If a public tree falls on your car, the City or Toronto follows the same protocol used for home damages. The maintenance record of the tree will be reviewed, but weather-related incidents generally absolve the City of direct liability. On the other hand, if a neighbor’s tree lands on your car, their responsibility largely depends on whether or not the tree had visible issues they ignored. 

Ultimately, it’s important to be vigilant about not only maintaining the health of the trees in your yard but also about reporting any issues you witness with trees on public property, particularly around your house. Not only will this help prevent property damage to your home or car, but it will save you from any potential financial losses, particularly following a storm.   

Lastly, a reminder for home and car owners: Double-check with your insurance providers about your coverage. The last thing you want to worry about when you have a giant tree caving in on your roof is a huge home renovation bill.  

Read next: Renos gone wrong: Here’s what to know if your renovations cause damage