Summer, like spring, has not yet come to the capital, but a hurricane has come that rips off road signs, overturns tables on fashionable, newly opened verandas, and knocks down trees. Cars can also be damaged from all this.

However, according to lawyers, even if the car on which a tree, a billboard or something else has fallen is not insured under comprehensive insurance, but only under OSAGO, the driver has a chance to receive compensation.

Where to call

The choice of service to be called to the scene of an accident depends on the circumstances under which the vehicle was damaged. If you were driving a car when a tree or any other foreign object fell on it, call the traffic police. Otherwise, a squad from the local police department.

As a rule, in the process of filling out the paperwork, the driver is asked to write that the amount of damage to him is insignificant. Under no circumstances subscribe to these words. After that, there is practically no chance to sue something.

If the car was damaged in a parking lot, try to call representatives of the parking lot managers along with employees. If trouble happened in the courtyard of the house, you need district engineering services and representatives of the HOA.

What to do on site

Waiting for the police officers will take some time. In no case should you spend it on cleaning the car of items that have damaged it. Do not touch anything at the scene - leave everything in the condition in which you saw your car.

Try to find witnesses of how everything happened. If people cannot wait, take their contacts: address, phone. Take lots of photos. Remove the car from different angles, preferably with a sign with the address of the house, or other items that can be used to determine the location, the item that damaged it. If this is a tree, then take a picture of the fault line and the stump remaining from it. If a billboard - remove the place where it was installed.

How to file an incident

Police officers must draw up an inspection report of the scene. This act or certificate should indicate the reason for the fall of the tree / billboard and so on. Most often it will be a strong wind. If a district police officer or a traffic police officer writes that the tree was dry, this is an additional plus to the chances of receiving compensation.

The certificate should also describe the damage caused, and also draw conclusions about the quality of the work of the organization that serves the territory. In addition, the document must state the time, place and circumstances of the incident.

It is advisable to immediately assess the damage. It is best to use the services of an independent examination - it must be attended by a representative of the territory where the accident occurred. The appraisers will inspect the car and make a verdict on how much the repair will cost.

In addition, an examination of a tree or an advertising structure can be carried out to find out if the tree was dry and if the fastening system was installed correctly. As an additional insurance, you can get a certificate from meteorologists that there really was a hurricane in the city on the day the car was damaged.

It is important to know that the examination is carried out at the expense of the car owner, but its cost can be included in the costs that will be compensated by the court. At the expense of the state, an assessment is carried out only if people have suffered.

Who will pay for the repair

The only way to get money is through the courts. In the event that the case is won, the defendant will be required to compensate for legal costs, car repairs and damage assessment.

The district administration, DEZ, ZhEK or HOA can act as a defendant. In the case of an advertising structure, if it is proved that it was installed incorrectly, the organization that installed it.

When there's no chance

If the car was parked in a place not intended for parking, the owner has practically no chance of winning a lawsuit. In addition, if a storm warning was issued, and you still parked near a potentially dangerous object, this is a good reason to dismiss your claim.

Lack of care for green spaces or improper care of trees can lead to negative consequences both for the life and health of citizens, and for their property.

It is not uncommon for trees growing in the yards of multi-apartment residential buildings to fall on parked cars of both the owners of the premises of the house and on the cars of their guests.

We must say right away that the management company is responsible for maintaining the common property. This obligation also includes the maintenance (care) of landscaping and landscaping elements). Recall that the management company, depending on the method of management chosen by the owners, may be an HOA, a housing cooperative, or, in fact, a management organization.

The management company is responsible for the damage caused by the fall of the tree

It can be seen from the analysis of judicial practice that management companies, in substantiating their arguments about the absence of their guilt in causing damage, refer to the fact that the car was parked in violation of sanitary rules and regulations, and therefore the fault lies with the car owner himself.

Another argument may be the following: a number of owners of the premises of the house have debts under the line “maintenance and repair”, and therefore, the service (due to debts) was not provided in full.

These arguments are recognized by the courts as untenable.

Moreover, even if the land plot under the house is not registered in the ownership of the residents of the house (not formed), the damage caused as a result of a tree falling on a car must be compensated by the management company (an example is given below).

Some examples from judicial practice.

Falling tree on the car. Compensation for damages by the management company

The court recovered from the management company the amount of damage caused by damage to the car as a result of a tree falling on it in the courtyard of the house.
The management company disagreed with the court's decision, pointing out that the constructed parking lot did not meet the requirements of SanPiN 2.2.1/2.1.1.1200-03.
The court considered the defendant's arguments untenable, pointing out that the maintenance of common property includes, in particular, the maintenance and care of landscaping and landscaping elements.
The court found that the land plot on which the tree fell is the common property of the owners, and the management company is obliged to carry out work on trimming trees and bushes.
Thus, the fall of the tree was due to the improper performance of the management company of its duties. (Cm. Appeal ruling of the Vologda Regional Court dated April 3, 2013 N 33-1487/2013)

Maintenance of green spaces is the responsibility of the management company

The car was damaged as a result of a falling tree. The management company refused to compensate the owner for the damage.
The court of first instance, taking into account the fact that the land plot under the house was not registered as a property, recovered the damage caused from the city administration.
The court of second instance, canceling the decision and recovering the damage caused from the management company, indicated that the maintenance of the common property of the owners also includes the maintenance and care of the landscaping elements. And according to clause 1.8. Rules, approved. By Decree of Gosstroy No. 170, the management company is responsible for the maintenance, cleaning and cleaning of the local area.
Maintenance and care of landscaping and landscaping elements are part of the maintenance of common property.
Considering that the fallen tree was located in the yard, the responsibility for its maintenance should be assigned to the management company, regardless of the setting land plot for cadastral registration. (

It is not uncommon for car owners to encounter such a situation when their favorite car was left on the street, and a tree fell on it - completely or individual branches, while the car inflicted quite serious mechanical damage. Such cases are especially frequent in adverse weather - strong wind, storm and wet snow, etc. Sadly. And it seems that no one is to blame here - the element is the element, and, of course, you can’t make claims to the log, but there is damage, which means an imminent loss, and additional. costs for the owner of the affected car.

Here a natural question arises: what to do and who is to blame? First of all, try to remember your own insurer: if you have CASCO, then contact the insurance company - the very insurance moment has come when the insurance organization is obliged to compensate you for the costs of repairing your injured iron horse. If you have OSAGO, then the shield of the owner of the land plot on which this unpleasant incident occurred: specify whether this site is a common area, whether it is classified as city property, or whether it is your personal yard or the yard of your friend. If the land plot on which the incident occurred is personal property, then the owner of this plot is responsible for improper supervision of the trees. If the site is urban, then no one else is responsible for it, but the city authorities - at the expense of the city treasury, the damage delivered to the owners of vehicles due to the fall of trees growing on green urban areas of general use is reimbursed.

A sufficient legal basis for imposing responsibility on the local administration in the options for causing damage to vehicles when trees fall on them are the points of the Federal Law of October 6, 2003 N 131-FZ. On the basis of the federal law "On general principles local government organizations in Russian Federation"dated 06. 10. 2003 No. 131 (Article 16), the issues of improvement of the urban area, and specifically paragraph 25 of the above article, are classified as issues of local importance of the urban district.

25th paragraph of the rules for landscaping the urban district, which establishes, among other things, the requirement for the maintenance of buildings (including residential buildings), structures and land plots on which they are located, for the appearance of the facades and fences of the respective buildings and structures, a list of landscaping works and the frequency of their execution; introduction of the order of the role of owners of buildings and structures in the improvement of adjacent territories; organization of landscaping of the area of ​​the urban district (including streets, landscaping of the area, installation of signs with street names and house numbers, location and maintenance of small building forms), requirements, protection, reproduction of urban forests, especially protected natural areas located within the boundaries of the urban district.

Landscaping is not only gardening and giving aesthetic appearance places of public use, but also maintaining the landscaping fund and monitoring its condition in a different way - liability for damage caused by this vegetation is inevitable, which follows from the Civil Code of the Russian Federation (Article 16): “Compensation for damage caused by municipal authorities and local governments.

Damage caused to a citizen or legal entity as a result of criminal actions (inaction) of municipal bodies, local governments or officials of these bodies ... "

Responsibility for causing damages to the defendants is assigned for non-compliance or improper performance of the obligations imposed on them. The inactive obligated person, who is obliged to compensate for the damage, is not its inflictor, but is responsible for not preventing the damage.

Thus, if your vehicle is hit by a tree, roof snow, ice or icicle, you need to follow the following plan:

Step 1. File an incident, fix the damage to the car.

After detecting damage to the machine:

• - do not move the vehicle and do not remove branches, trees or other objects that have damaged your property. In another way, it will become quite difficult to justify the fact of causing harm specifically through the fault of utilities. Take a photo of the damage and the entire car from different angles with reference to the terrain;
• - call the police officers on one phone number 112. You should not call the traffic police, since harming a stationary car is not a traffic accident;
• - if there are eyewitnesses, write down their full names, addresses, phone numbers.

When the police arrived and drew up a report on the inspection of the scene, be sure to read the report and check whether everything is recorded in it (brand, car number, your own data, address of the incident, list of damages). If necessary, add your comments to the protocol and only then sign the protocol.

When filing a complaint with the police department:

• - carefully describe what happened;
• - indicate the presence of photos and eyewitnesses, attach a photo to the application;
• - Demand to provide you with copies of all documents drawn up by the police officer.

Step 2. Prepare papers confirming the damage to your car and its value:

Take the order from the police to refuse to initiate a criminal case. As a rule, such an order is issued within 3 - 10 days;

Determine who is responsible for the damage. This may be the owner of a land plot, a building or a management organization. It is allowed to receive this information, including in the Federal State Service. registration, cadastre and cartography (Rosreestre) in your region by sending a corresponding request;

Contact an appraisal company and get a damage assessment report. The owner of the building (management company) should be notified of the date and time of inspection of the damaged car. This can be done by sending a telegram.

Step 3. Contact the owner of the land plot, building (managing organization or utility service) with a written claim in the manner of pre-trial settlement of the dispute (this step is not mandatory).

In the claim, indicate what happened to your property and the circumstances of the incident, the amount of damage and the requirement to compensate for the loss of your own free will. Attach reporting documents on the assessment and papers purchased from the police upon acceptance of your application. If you received a waiver of voluntary damages, file a claim with the court.

Step 4. Prepare a claim for damages in court.

The statement of claim should carefully describe the circumstances of the incident, describe in turn your actions (applying to the police, applying for damage assessment, etc.), provide the amount of the loss, the amount of expenses you incurred (the price of the services of an appraisal firm, the price of services of a lawyer), etc. .d. steps you have taken to resolve the issue. Pay the state duty, the amount of which depends on the amount of damage you specified.

Reference. The size of the state duty

The amount of the state duty when filing a statement of claim from the amount of damage is as follows:

• - up to 20 000 rubles. - 4% of the cost of the claim, but not less than 400 rubles;
• - from 20 001 rubles. up to 100 000 rubles - 800 rubles plus 3% of the amount, more than 20,000 rubles;
• - from 100 001 rubles. up to 200 000 rubles - 3200 rubles, plus 2% of the amount exceeding 100,000 rubles;
• - from 200 001 rubles. up to 1,000,000 rubles - 5200 r. plus 1% of the amount exceeding 200,000 rubles;
• - above 1,000,000 rubles. - 13 200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

The claim should be filed at the location of the defendant (owner, managing organization) to the district court, if the amount of loss is more than 50,000 rubles, you can also apply to a justice of the peace if the damage is less than 50,000 rubles.

Based on the results of the review of the case, the court will make a decision and issue a correction sheet

Situations with trees falling on cars are becoming more and more common, and force majeure in the form of hurricanes and storms has absolutely nothing to do with it. We are talking about falling trees on parked cars in the yards of residential buildings and in places specially designed for parking a car. When the car is fully insured against all kinds of hull troubles, then the problem is solved quickly for the car owner. Car owners who do not have a hull will have to solve the problem on their own with those who are responsible for this.

What to do when a tree falls on your car?

You will have to pay for repairs if the car is damaged by a fallen tree from your own pocket if the car was parked in an inappropriate place for parking vehicles: in a forest, in a forested area, on a sidewalk, and others. In situations caused by force majeure circumstances: earthquakes, hurricanes, storms and other natural disasters that caused a tree to fall, you also have to solve problems on your own. But if the car on which the tree fell was standing or moving along the highway without violating the generally accepted rules, then compensation for causing harm can be demanded from the perpetrators. Before you start looking for those responsible for the incident, you need to take certain actions so that the judicial procedure is launched correctly.

1. At the moment a tree is found on a damaged car or upon the fact of its fall, say, while driving, you must immediately call a representative of law enforcement agencies - this is a common practice. If the incident occurred within the city, then it is necessary to call a police representative, if on the highway, then they call an authorized traffic police officer. The policeman makes documentation of the fact of incident and results of survey of a place and the car.
2. It is important to reflect in the protocol that the tree fell by itself, that it was not sawn, cut down, or it was not damaged in any other way: neither by you, nor by the actions of other persons. To confirm these facts, the policeman must examine the tree itself and reflect the results of the inspection in the document. The depressing state of the trunk or roots is reflected, the tree may be rotten or rotten.
3. After this procedure, it is necessary to find out who is the owner of the fallen tree or responsible for it. If it belongs to a private owner, all liability for damages is imposed on the owner of the land. In the case of land surveying, you will have to visit municipal services. In a situation where this plantation does not have a specific owner, the responsibility lies with the territorial services, which are called upon to resolve issues related to the improvement of this location. For example, the management company is responsible for the improvement of the yards of multi-apartment dwellings.
4. Next, you need to make a request to the weather services to obtain a document confirming the weather conditions at the time the tree fell, that is, the absence of storms, storms and hurricanes. The document is required to reflect information about wind speed, precipitation, and so on. The weather services are aware of the nature of the information required of them in such requests. The service is paid, but this document is necessary for the proceedings.
5. The last step in the preparatory steps for compensation proceedings is the assessment of the damage caused when the tree fell. This requires an independent review. You can call an expert to the place or drive the car for examination. After drawing up a report by an expert on the amount of damage, it is necessary to visit a notary to certify copies of the examination, it is recommended to make three certified copies. These copies will be useful for filing a claim with the courts, at least one is attached to the statement of claim, and the original of the examination is intended for the judge.

Who is responsible for the fact that the tree fell on the car?

It's not hard to find someone responsible. The district administration is responsible for the maintenance of highways, roads and the improvement of the territories adjacent to them. Accordingly, she is responsible for landscaping and the condition of plantings in the entrusted areas. Concerning adjoining territories In this case, the responsibility lies with the management companies. The territories of state or municipal houses are required to be monitored by the local branches of the district DEZs responsible for the improvement of the areas. Their responsibilities include the care and maintenance of green spaces. Naturally, those authorized to monitor the improvement are not involved in cutting down damaged plantings, but their functions include the obligation to monitor the state of the plantings. In case of detection of an emergency planting, these structures draw up an application to environmental organizations. After that, an application for the destruction of a dangerous plantation is submitted to a special organization that carries out these types of work. For this, managers and regional organizations have specialized contracting agreements.

Arbitrage practice

To file a claim, you will need an original and a copy of the peer review and official confirmation that you are a . Keep in mind that an appraisal is done before the restoration of the car, as it is an estimate of the costs that will be needed to restore the car. Auto restoration is carried out in licensed auto repair shops that have certificates for the equipment used during restoration work. In other words, you must confirm that your car was repaired by professionals, and the cost of the work is not too high. The repair shop provides you with all documentation of the repair costs. You are now ready to file a claim. After receiving the court decision, you are issued a writ of execution, which can be handed over to the bailiff along with an application for recovery of damages. You can immediately go to the bank of the defendant, recognized by the court as your debtor. In the case of an unexplained defendant, a claim is filed against a municipal organization represented by a competent authority. After a positive outcome of the court case, compensation is paid by the relevant authorities from the budget.

Use any facts of the incident to help in a claim for damages when a tree fell on a car. What else can help?

Film or photograph all the details of the incident, do not neglect the details, let there be many pictures, from different angles. The visual facts reflect the tree itself, its state and position after the fall. Carefully reflect all the damage caused to your car: dents, scratches, damage, broken headlights, glass and other details. Record the scene of the incident: house numbers, street name and other subtleties. Judicial practice shows that visual facts from the scene are significant.

If there are eyewitnesses, try to convince them to give you their personal data: passport data and contacts.

A tree fell on the car. What to do?

A tree falling on a car causes great damage. Damage often affects both the body and internal parts. To compensate for the damage, the car owner needs to act correctly. We offer legal assistance and damages incurred after a tree fell on your car.

In what situations is it impossible to receive compensation for damages?

• The fall of a tree is associated with natural disasters, stormy weather, and other force majeure circumstances.
• The driver parked the car in an area not intended for stopping, parking vehicles (on sections of streets where parking, stopping is prohibited, in forest park areas, on the sidewalk, etc.).

When can I claim compensation for damage after a tree falls on a car?

• A CASCO insurance policy has been issued for the car.
• The incident happened while the car was moving.
• The tree fell not due to a storm, strong wind or other force majeure, or was in a dry state or rotten.
• At the time of the incident, the car was parked without violations.

What to do if a tree falls on a car

If a tree or its branch, ice or snow from the roof fell on the car, the incident must be recorded. To do this, call representatives of official services. If the car was damaged while parked, you need to contact the police. In a situation where the car was damaged while driving, contact the traffic police. The arrived employee inspects the tree, damage to the car, draws up a protocol. Make sure that the document indicates that the fall of the tree occurred spontaneously (not through the fault of third parties who fell it, damaged it, cut it down). It is desirable that the condition of the tree be described in the protocol, this is extremely important if a dry tree has fallen due to gusts of wind.

Next, establish the organization or person responsible for the fallen tree. If it grew in a private area, the owner of this site compensates for the losses. In Moscow for the condition of trees in public areas, along roads, etc. GBU Zhilischnik answers. To receive compensation, you need to contact the territorial representative office of the engineering service (separate representative offices operate in different parts of Moscow).

To prove that the incident was not due to weather conditions, the hydrometeorological center issues a certificate containing data on wind speed and the presence of storm warnings in a particular area on a given date.

Next stage - independent evaluation damage. You can order an expertise at Invest Consulting. Contact the nearest branch and coordinate with the expert the time and place of car inspection. After the date and time are set, you need to invite the owner of the tree or an employee of the GUIS for an inspection. It describes how to notify the perpetrator of the incident about the examination. The damaged car is provided to the expert for inspection. fallen tree not required for examination. Based on the results of the inspection, the expert will calculate the cost of restoring the car and prepare a report. We recommend that you make 3 certified copies of the report from a notary or the organization that issued the original report.

When applying to the court, the original damage assessment report is attached to the statement of claim for the judge. Copies are also sent to the court. You need to attach as many certified copies as there will be defendants in the planned process.

Pre-trial settlement of such claims rarely produces results. There are chances to receive compensation without trial if a private person is responsible for the incident. If compensation is to be obtained from the GUIS, an application to the court will be required.

In "Invest Consulting" you can order an independent assessment of damage and. Expenses for the examination and services of lawyers in the event of a positive outcome of the case are compensated in full.

When the court renders a positive verdict in the case, the plaintiff receives a decision and a writ of execution. Documents are transferred to bailiffs or to a banking organization that services the defendant's accounts. If the writ of execution is sent to the bank, the funds are transferred to the plaintiff within 3 working days.

FAQ

Do I need to invite an expert to inspect immediately after a tree falls on a car?

It's not obligatory. The expert will be able to calculate the damage later when inspecting the car.

If the expert has already inspected the car, can it be repaired?

You can fix the damage. It is important to keep the documents that confirm the work and its cost (checks, contracts, work orders, etc.).

How long does it take to recover damages?

On average, court cases on such issues are considered in 4 months. In most cases, the loss is compensated exactly at this time.

How much does an independent damage assessment cost after a tree falls on a car?

The page shows the cost of "Invest Consulting" services.

If you need more information, please contact us by phone or using the form. feedback. Employees of "Invest Consulting" will answer your questions.

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