A court can direct a tree owner to correct the problem. If you want the tree trimmed or removed, you will have to file in Superior Court. Although you can represent yourself it is not a user-friendly process to most lay people. A lawyer experienced in tree and neighbor law can be an asset. Notify your homeowner's insurance carrier.
Most policies provide coverage for damage caused from falling trees.
If you are the tree owner, your policy may also cover damage to your neighbors, even if the damage was caused by your carelessness. If you do not feel you have been adequately compensated for your loss, do not sign a release or any document in which you give up your right to bring legal action. If you believe you have not fully been compensated from insurance proceeds, you may want to pursue a lawsuit. You are entitled to compensation for the cost to repair and clean up the property. Get written estimates for all of the work required.