Tag: fallen tree

CASTRO VALLEY, Calif. (KGO) — Your neighbor’s tree topples your house — who’s responsible for the bill? What should you do if their insurance claims it’s not their problem?

As the Bay Area braces for the incoming atmospheric river, we have an important warning for homeowners.

This case can happen to any of us. It turned into a months-long dispute that wasn’t resolved until 7 On Your Side’s Stephanie Sierra and our team got involved.

What happened

A tree falls on your property, except… it’s not your tree. It’s technically on your neighbors’ property.

Yet, as this Castro Valley woman found out, she was being stuck with the headache and the bill.

“I was jolted out of bed. to a huge crash. I thought it was going to come through the house,” Angela Bereola said.

A year ago this week — in the midst of heavy rain and 36 mile-per-hour winds — a massive oak tree fell and damaged Bereola’s Castro Valley home.

“I couldn’t see into the backyard. Our whole back of the house went dark,” she said.

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This 100-year-old tree was on the other side of her fence, rooted in the grounds of the Hayward Unified School District.

“We were just in disbelief. I can’t believe this is happening,” Bereola said.

The damage to her home was estimated to be $70,600.83, according to a third-party estimate. And that didn’t include damages caused when the tree was removed.

Bereola said her insurance adjuster only offered to cover just over a quarter of that cost — $19,200.86, leaving her on the hook for $51,399.97.

“This isn’t fair,” Bereola said. “It wasn’t like we were doing something that caused the tree to fall.”

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Bereola said after months of back and forth with the school district’s insurance authority, her claim was denied.

It’s something that could happen to any of us.

The school district’s property and cyber claims specialist wrote her: “We regret any inconvenience this event has caused and thank you for your patience and understanding during this process.”

They added in another email: “Based on our findings and applicable code, we have determined that the tree fall was an act of nature, and no liability attaches to the Hayward Unified School District.”

“It was upsetting, very much so,” Bereola said.

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According to the district’s investigation findings: “there were no signs of disease, decay or structural weakness… that would have indicated instability.” They added: “the property had no prior complaints that would give the district knowledge of this unforeseeable event.”

Janet Ruiz with the Insurance Information Institute said if this happens to you, it’s best to reach out to your insurance provider first.

“Generally speaking, if a tree falls and damages property and there’s insurance involved, the insurance should pay for the damage,” Ruiz said.

Bereola said she went back to her insurer, requesting full payment and provided the requested documentation — but for months she said she never got a response.

“They stopped responding,” she said. “It was like they blocked us out.”

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That’s when she called 7 On Your Side.

“I was scared,” Bereola said. “What else can I do? Who do I know? Honestly, 7 On Your Side came to mind.”

Our team followed up with Assurant Insurance and were told Bereola received the supplemental payment adding: “Assurant has connected with Ms. Bereola… She has expressed satisfaction with the resolution and next steps. Delivering an exceptional customer experience remains our priority, and we are committed to consistently meeting and exceeding that standard.”

“I was very relieved to have 7 On Your Side support us,” Bereola said, tearing up. “Sorry, it was a lot… (It was a) huge weight lifted off my shoulders.”

And the roof is fixed, back on her house.

Thankfully, in the end, Bereola got the money needed to fix her roof. But even a year later, Bereola’s fence is still not completely fixed after this ordeal — boarded up ahead of this next storm.

Bottom line

It’s an important reminder that even if a hazard isn’t physically on your property, it doesn’t mean it’s not your problem.

If something similar happens to you, be sure to take a lot of pictures, always get any evaluations and estimates in writing and if you make temporary repairs, keep your receipts — those can also be reimbursed by your insurance.

Take a look at more stories and videos by 7 On Your Side.

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