Storm damage: who pays for a fallen tree, a torn-off roof or a blown-down fence?

What a homeowners policy usually covers after a storm

Policies differ by company and state, so your own policy is the only final answer. But the pattern is consistent, and the Texas Department of Insurance (TDI) sets it out plainly in its consumer guide. Most policies cover damage from "fire and lightning," "windstorm, hurricane, and hail," "sudden and accidental release of water or smoke," and falling "aircraft and vehicles." TDI's "other structures" coverage "pays to repair structures on your property that aren't attached to your house. This includes detached garages, storage sheds, and fences."

So a roof torn by wind, a fence flattened by a gust, and a tree that lands on the garage are, in the normal case, claims on your own policy. The exceptions are where the arguments start, and they are listed next.

What it usually does not cover

TDI's guide lists what most policies do not cover: "flooding," "a continuous water leak," "wear and tear," "earthquakes or earth movement," and "wind or hail to trees and shrubs." That last one matters after a storm: the tree that fell is usually not covered as a tree, only the damage it did to a covered structure.

Wear and tear is the other common dispute. A roof that was already failing before the wind got to it may be judged maintenance rather than storm damage. TDI's guide also explains that an "actual cash value" policy "pays replacement cost minus depreciation," so a ten-year-old roof may be paid at well below the cost of a new one, while "replacement cost" coverage pays at today's prices. Check which you have on your declarations page, which TDI says is the first page of your policy and lists "your coverages, dollar limits, and deductibles."

Coastal homes can have a wind gap too. TDI notes that on the Texas coast a home policy "might not cover wind and hail damage," and a separate windstorm policy is sold instead. Other hurricane states have their own arrangements and their own hurricane deductibles, so ask your agent what applies at your address.

Flood is always separate

Rain and wind are one claim. Water rising from the ground is another, and it is almost never on a homeowners policy. FloodSmart.gov, the National Flood Insurance Program's site, says: "Most homeowners insurance does not cover flood damage. Only flood insurance covers the cost of rebuilding after a flood." Ready.gov says: "Homeowner's insurance policies do not cover flooding. It typically takes up to 30 days for a policy to go into effect so the time to buy is well before a disaster."

TDI makes the same point with Hurricane Harvey: "More than half of homes flooded by Hurricane Harvey were outside of designated flood zones." If you are reading this because a storm is forecast, the flood policy you buy today will not cover it. Buy it for the next one. Our flood preparedness guide covers the practical side.

Fallen trees and the neighbor's tree

The question everyone asks is whose tree it was. The practical answer is that damage to your home is a claim on your policy as damage to the home, whatever the tree's address. Whether the tree's owner can be made to pay is a question of state law and of whether they were negligent, for example by ignoring a dead tree. That is a conversation for your insurer and, if it comes to it, a lawyer, not something a national guide can settle.

Trees on power lines are the utility's problem, and never yours to touch. Treat every downed line as live, keep well away, and call 911 and the utility. Our power outage checklist covers what to do while the power is out.

The first 48 hours: how to protect your claim

TDI's claim tips are the standard list, and they apply in every state. "Tell your company as soon as possible. Most companies have deadlines for you to file a claim." "Make a list of your damaged property. If possible, take pictures or videos of the damage before making any repairs." "Make only temporary repairs to protect your house and belongings. For instance, board up broken windows or put a tarp over a damaged roof. Don't make permanent repairs. The insurance company might deny your claim if you make permanent repairs before it sees the damage."

Then: "Keep receipts. To get full payment, you may need to prove to the insurance company that you replaced destroyed items." And "try to be there when the insurance company's adjuster looks at your damage. It's a good idea to have your contractor with you." TDI also warns about contractor scams after storms. Be wary of anyone who knocks on the door offering to handle your claim, and do not sign over your insurance payout.

A home inventory made before the storm makes all of this easier. TDI suggests photographing or videoing each room, including closets and the garage, and keeping the list and receipts "in a fireproof safe or at another location." Our fireproof document safe comparison covers the options.

FEMA, the SBA and the limits of federal help

Federal help only starts when the President declares a disaster. FEMA says that "when a disaster strikes, local government officials review the damage to determine the extent of the incident and its impact. If the state, Tribal Nation, or territory determine they need federal assistance, they submit a request for a federal disaster declaration." Most storms never reach that point, and USA.gov notes that if your area is not eligible, "state agencies and other organizations may offer assistance."

Even in a declared disaster, FEMA's household help is capped and conditional. FEMA says its Individuals and Households Program "provides financial and direct services to eligible individuals and households affected by a disaster, who have uninsured or under-insured necessary expenses and serious needs. IHP assistance is not a substitute for insurance and cannot compensate for all losses caused by a disaster." It can fund temporary housing and "the repair or replacement of owner-occupied homes that serve as the household's primary residence."

The larger federal tool is a loan. The SBA says homeowners "may apply for up to $500,000 to replace or repair their primary residence," and "renters and homeowners may borrow up to $100,000 to replace or repair personal property," for "disaster losses not fully covered by insurance or other sources," with "no interest accrual for the first 12 months" and a fixed rate that "will not exceed 4%." Insurance proceeds are deducted from what you can borrow, so file the insurance claim first. Our guide to how the US responds to disasters explains the declaration chain.