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        • Menomonie
        • 420 Main Street E
          Menomonie, WI 54751
          Phone: 715-235-6479
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          Medford WI 54451
          Phone: 715-748-6262
          Fax: 715-748-4730
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          New Richmond, WI 54017
          Phone:  715-246-6988
          Fax: 715-246-6965
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          Chippewa Falls, WI 54729
          Phone: 715-723-0600
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          River Falls, WI 54022
          Phone: 715-425-1382
          Fax: 715-425-0363
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My Neighbor’s Tree Fell on My Garden Shed – Whose Insurance Pays?

February 28, 2022 By Monte Burstad

Fallen Tree

Imagine you’ve been involved in a car accident. Insurance information gets exchanged and claims get filed, but how do insurance companies determine who pays for what? The simple answer is that it just depends on the circumstances.

Liability Claims

If you are involved in an accident, the other party may file a claim with your insurance asking for monetary assistance with either physical damage or medical bills. This is called a liability claim. When a claim is filed, a claims adjuster will reach out to all involved parties and take down detailed information. If there happens to be a police report, the adjuster will include this information as well. Who is at fault is determined by the circumstances of the accident. Did someone fail to yield? Did someone run a red light? There are tons of different scenarios that could occur. Typically, if one party receives a ticket from the police, this is the responsible party. The insurance company of the responsible party is most often the company that pays for physical damage to the vehicles involved. This typically holds true for medical claims as well.

No-fault States

There are 18 states that require a special policy called no-fault insurance. This usually covers things like medical expenses or even loss of income, regardless of who is at fault. If you live in a state that is not considered a no-fault state, then it is most often the insurance company of the party that is found to be at fault that pays for most everything.

Homeowner’s Insurance

Homeowner’s insurance can be tricky. There are many scenarios that may cause an insurance claim to be filed. Determining if your policy will help cover losses can be hard and working with your personal Insurance Agent is best.

Medical Bills and Disability Claims

Let’s say you hired a roofer to perform repairs at your home. The roofer falls and gets injured. Is this covered under your homeowner’s insurance or is the roofer responsible for his own expenses? In general, homeowner’s insurance will cover the expenses of anyone injured on your property, even contract workers, like the roofer. One of the few times your homeowner’s insurance policy may not cover an insurance claim is if you were negligent or careless. With that said, the roofer should also carry General Liability insurance as well as a Worker’s Compensation policy. These will cover expenses related to any damage the roofer may have done and any injuries they experience while roofing your house. So, when hiring a roofer, or any contractor, always make sure to obtain a copy of their General Liability and Worker’s Compensation policies.

Property Damage

So your neighbor’s tree fell into your yard, causing damage to your garden shed and fence. Who is the responsible party? More often than not, if it’s in your yard, it’s your responsibility. In this case, you would file an insurance claim with your homeowner’s policy, not your neighbor’s. This may be different if the tree had root damage or other conditions that caused it to be a risk and your neighbor was aware of this and chose to do nothing about it.

Subrogation

What happens when it’s not immediately clear who is at fault or what insurance company should pay for what? Insurance companies have a process called subrogation. This allows for you to file a claim with your insurance company so that you can get back to normal – get your vehicle repaired, cover medical expenses, remove a tree, etc. Your insurance company will then request reimbursement from the insurance company of the at-fault party. This is something that happens behind the scenes and is not a process you are typically involved in, other than providing any requested information.

How to Proceed

If you’ve been involved in a car accident, had someone get injured on your property, had a neighbor’s tree fall in your yard, or any of the other numerous circumstances that could cause insurance companies to get involved, the best thing you can do is to contact your Insurance Agent. Your Insurance Agent is knowledgeable and is there to guide you in the right direction.

If you are in the process of obtaining insurance, be sure to contact us for a quote. We can make sure that all of your questions are answered and that you get the insurance that best fits your individual circumstances. We are here to help.

Filed Under: Car, Home

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Jeanne R.
17:46 14 Dec 22
Valorie provided excellent service and quickly found us the best insurance policy and rates available. Thank you, Burstad Insurance!
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Roxanne S.
00:39 28 Aug 22
Family and Burstad worked their magic and found insurance even cheaper than what I was paying. They are very responsive when adding or changing things to a policy and they stick up for their customers when a bank may try to manipulate the home insurance for no apparent reason. Well done Burstad. I highly recommend.
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Mindy A.
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Dale B.
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Easy to work with and great rates. Sent a lot of friends here. All are happy with it!
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Happy Home I.
16:05 29 Mar 22
Melissa and her staff have always treated me right! Often finding better rates for me! Thanks
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Dave T.
22:06 11 Jan 22
They are very responsive in addressing all of my insurance needs, and I always feel they are doing what's in my best interests.
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Kevin J.
02:40 11 Jan 22
Great place
Peter T.
Peter T.
20:32 10 Oct 21
Monte and his team are great to work with. They were extremely helpful in getting our business up off the ground and getting the needed items to be successful. I would highly recommend them for your business!
Jeremy M.
Jeremy M.
13:57 29 Apr 21
Great to work with!
Denise V.
Denise V.
18:57 12 Mar 21
Everyone here has been very helpful, knowledgeable and friendly! Whenever I contact them, they get back to me quickly and are sure to get me the best rates possible. Thank you! The Baldwins
Dawn B
Dawn B
23:02 30 Jan 21
Have had my insurance for different vehicles and homes for many years, always friendly and am very satisfied.
Randy Chico J.
Randy Chico J.
16:48 25 Aug 20
Great response time, #1 in the area
Joshua E.
Joshua E.
15:50 22 Jul 20
good business and friendly service. highly recommend giving them a call to see what they can do for you.
Dustin W.
Dustin W.
14:51 21 Jul 20
Very responsive all around good business and friendly service. Highly recommend.
Wedam Enterprises L.
Wedam Enterprises L.
14:49 21 Jul 20
Excellent customer serviceKent Elkin goes above and beyondAlso the rest of the staff is very accommodating
Lee B.
Lee B.
23:08 20 Jul 20
Prompt and courteous service. The good people at New Richmond have always replied to my queries and helped solve my problems. Thanks for seven years of good service.
Gordon D.
Gordon D.
18:25 20 Jul 20
They are professional and responsive
Barbara B.
Barbara B.
00:14 11 Jul 20
EXCELLENT customer service!! Missy Kraemer at the Medford office takes care of absolutely everything for me! No worries and best rates to be found. Highly recommend.
Mary Ellen W.
Mary Ellen W.
15:37 12 May 20
EXCELLENT insurance company! I have my personal and business insurance with Monte and have for over 20 years. When we had the tornado in Colfax in 2014, Monte called me and was at my restaurant door within an hour after it hit. Amazing service.... Thank you Monte, Penny and the whole staff at Burstad Insurance.
Rich J.
Rich J.
11:55 16 Apr 20
New Richmond Insurance consistently saves me money on my policies year after year. Excellent customer service with most of my questions answered the same day.
Valerie C.
Valerie C.
01:57 16 Apr 20
great place and nice service
Li K.
Li K.
20:20 15 Apr 20
Great place. Emily is very helpful as well as all the rest of the people I have encountered there.
Stacy C.
Stacy C.
03:06 04 Jan 20
Best prices. Best customer service!
Bill I.
Bill I.
12:49 16 Nov 19
Top notch service. Will recommend to all.
Steven G.
Steven G.
13:19 01 Nov 19
Yes! I want to tell you something. If you need a car insurance - this is the place where you will find the best offer.Have done car insurance for two trucks. The price was so good, even less than I expected.My agent was Angie. I want to say thank you for caring! She is the nicest and kindest person ever!Definitely will return for the nest year insurance
Ana B.
Ana B.
00:39 29 Aug 19
Excellent rates and service. Friendly staff and helped in a timely manner
Jason L.
Jason L.
03:56 13 Jun 19
Neil is awesome!
Alicia B.
Alicia B.
15:05 23 May 19
Very helpful agents and staff. They got me a great deal on homeowners and auto insurance.
John A.
John A.
12:01 12 May 19
I have had policies thru the Agents, at the Menomonie office.Their prompt response, patience, amazing customer service and thoroughness, is the greatest I have ever had with an agency!
Jody L.
Jody L.
01:29 10 Apr 19
This is my insurance agency. I have been treated very well and my premiums are responsible.
Mitzi M.
Mitzi M.
11:25 25 Jan 19
They are the best I have ever used. Any time you need something, they have your back. Never had an issue with the company , and I would recommend Kent Elkin to any one and everyone. Thank you for all your services New Richmond insurance agency. Been with them for 3 years now.
Natasha R.
Natasha R.
04:28 30 Nov 18
Great staff!
Valorie M.
Valorie M.
20:54 13 May 18
I have been a customer for many years and love the personal customer service experience that they provide. I know that when I call, I will get a real live person! I also know that the person I am working with will have an understanding of my history and my policy. Highly recommend! Thanks and keep up the good work!
Brian H.
Brian H.
18:21 21 Sep 17
I have been a customer for a long time and love the personal customer service experience they provide. I can reach out anytime and know that I will get to talk to a real person that has the background on my policy and will be able to help me. Thanks and keep up the good work!
Brian H.
Brian H.
18:13 21 Sep 17
Corey Burstsad Insurance is great!! Neil always goes out of way for his clients, very trustworthy and efficient.
marcy M.
marcy M.
20:19 13 Jan 17
Very friendly and helpful. Got is a great deal and we were refered there by a good friend after not being able to find what we wanted elsewhere. They made the process very easy and didn't mind us popping by last minute to get the details figured out.
Soleil
Soleil
20:52 05 Jun 16
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Don’t Forget Renters Insurance

To illustrate why one might want to consider renters insurance, we would like to share a short story about a young couple and a recent experience with their apartment. Like most modern couples, this young couple, let’s call them Mike and Mary, got up that morning, had a quick breakfast, and left for work. Shortly …Read More

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