At any time of year your area could be hit by a storm and trees knocked down. At times they fall on vehicles which are either moving or parked. If your car has been damaged by a tree you should be covered by your own car insurance which pays for any repairs.
Of course you should check the policy limits on your insurance as soon as you can. Your insurance company will want evidence to show what caused the damage so do not remove the debris from the fallen tree until you have photos of the tree and the damage it has done.
If the only way to get your car repaired is by using your insurer you should make sure you are able to pay the deductible before the repairs commence.
If it wasn’t a storm or another weather event that caused the tree to fall on your car, but it fell from a neighbor’s yard, you may find that the neighbor has been negligent. This is because it is their responsibility to ensure the area outside their house is not likely to be affected by any hazards that could injure anyone using the public area like the sidewalk or road or cause damage to property.
Sometimes a car accident involves something other than two vehicles colliding. Many times, it is simply one car and another object. In these situations it is obvious only one person would be at fault, but how does that person get any type of compensation for the damages for his or her vehicle?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Possible Damages to Your Car After a Tree Hits It
The amount of damage done will depend on the size and weight of the tree. The sort of damage you may expect could include the following:
- shattered windshield;
- shattered rear and side windows;
- total destruction of the car’s roof.
An extremely heavy and large tree could total the car.
Does Your Car Insurance Cover It?
If you have taken out comprehensive coverage on your car insurance policy you may find that tree damage is included as it typically covers damage from falling objects such as a tree, as well as damage caused in a collision with another vehicle.
As it is not usually compulsory to take out comprehensive insurance you may or may not know if you are covered. That is something you have to check after your car has been hit by a falling tree.
The deductible is what you pay toward a covered claim. You will also find that the comprehensive insurance has a coverage limit. If your car was totaled by the falling tree and its value is $15,000 and your coverage limit is $20,000 you will only be required to pay the deductible.
Filing a Claim
Hitting or running over an object in the road can cause serious damage to your car, including the front end and undercarriage. The best kind of claim you can file to get some type of compensation is a collision claim through your own insurance company.
Because many insurance companies consider hitting an object in the middle of the road avoidable, it is likely that your claim will be considered “at-fault,” unless you live in one of the 12 states that carry no fault insurance laws where any insurance claim must be made through your own insurance company, regardless of fault.
Either way, you would be filing a claim through your own insurance company under your comprehensive coverage. If you do not have comprehensive but only the minimum liability insurance that covers you in the event you hit someone else, you could be paying for any damages out of pocket.
The Monetary Consequence of Filing a Claim
However, you do need to weigh the pros and cons with filing a claim for damages. Before you do anything, get an estimate for what damages you are facing. If it is what would be below your deductible, it would be best to just pay for the damage yourself.
If filing this claim will be considered at fault, and your insurance rates would be negatively affected as a result, be sure to consider whether this claim is worth the cost in the long run. After all, it would be easier to pay for the damages yourself than pay a higher insurance cost for the foreseeable future.
Pursuing the Party Responsible
You could potentially seek compensation from the individual or entity who had control over the object that is blocking the road. If the object you hit was an old, rotted tree that fell from a homeowner’s land, you could seek compensation for your injuries from that person under certain circumstances.
For instance, that homeowner could have been aware that the tree was about to fall any day and would present a danger if it did. If he or she ignored that possibility and did nothing about it, and the tree fell and caused injury to someone, that homeowner would be liable.
If the object you hit was a dumpster that rolled away from a place of business, that business owner would be held liable for damages caused by the property he or she did not control.
Contact an Attorney Today
If someone was the cause of the tree falling on your car you will have to put all the evidence together, such as eye witnesses’ reports and an estimate for repairing the car. You may need a report from a tree professional who can blame the owner of the tree for it falling on your car.
To help you get the compensation for the damage so you don’t have to draw on your own insurer, it is advisable to seek help from a damages attorney who will assess your case and decide whether you have a high chance of winning a compensation claim.
If you have hit an object in the roadway and have damage to yourself or your vehicle, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
