What to Do If Your Car Is Hit by a Falling Tree While Parked on the Roadside?
3 Answers
The "Tort Liability Law" stipulates that if damage is caused to others due to the breaking of trees, the owner or manager of the trees shall bear tort liability unless they can prove they are not at fault. If the car owner does not have vehicle damage insurance, they can bring relevant documents to the landscaping department for registration and may receive 95% compensation. If the car owner has vehicle damage insurance, the insurance company can provide 70% compensation, and the remaining 30% can be claimed from the landscaping department or the responsible tree management department.
I just dealt with a similar incident last week when a branch dented my car roof. First, immediately take photos and videos, clearly capturing the tree that caused the damage, the surrounding environment, and the license plate number, while being careful not to disturb the scene. Then call 122 to report the incident to the police, who will come to issue an accident certificate. The most crucial step is contacting your insurance company to explain it's a natural disaster third-party liability case, and have the claims adjuster come for inspection. Remember to identify the tree's owner - for residential trees, contact the property management; for street trees, reach out to the urban landscaping bureau. In my case, the property management covered 70% of the repair costs, while my insurance covered the remaining 30% under the vehicle damage insurance. When getting repairs, insist that the 4S shop checks for sunroof track deformation - these hidden damages are most easily overlooked.
I know exactly how you feel! Last year during a typhoon, a tree branch pierced my rear windshield. Whatever you do, don't move the car immediately. First, use your phone to take a 360-degree video, focusing on capturing the broken branch's fracture point and detailed vehicle damage. Remember to check your insurance policy to confirm if you have comprehensive coverage - without it, you'll have to claim compensation from the tree maintenance department. After reporting to the police, make sure to obtain the "Traffic Accident Determination Certificate", which is essential for claims. The landscaping bureau or road administration usually carries public liability insurance, but the claims process is slow - it took me three visits to finally get compensated. When repairing, insist that the auto shop checks the vehicle frame, as being hit by large trees can easily cause slight chassis deformation.
