Who is responsible if a car is hit by a falling tree on the road?
2 Answers
If a car is hit by a falling tree on the road, the responsibility falls on the following parties: 1. Force majeure: If the tree breaks due to force majeure and damages the vehicle, and the vehicle is insured, the insurance company will cover the compensation. If the vehicle is uninsured or the damage is not covered by the insurance, the owner must bear the cost. 2. Others' responsibility: According to Article 90 of the Tort Liability Law of the People's Republic of China, if a tree breaks and causes harm to others, the owner or manager of the tree shall bear tort liability unless they can prove they are not at fault. 3. Administrator: If the tree breaks and damages the vehicle due to maintenance or management negligence, the tree's administrator should compensate for the damage, and the owner may bear joint liability. If the vehicle owner is also at fault, they should bear corresponding responsibility.
Stay calm when facing such situations. I once experienced my car being crushed by a falling tree during a heavy rainstorm. The first thing to do is call your insurance company to check if it's covered. You need to determine who owns the tree - if it's on public roadside property, municipal authorities may be liable; if it's from a private yard, the property owner is responsible. Take photos as evidence and don't move the vehicle to prevent further damage. My insurer covered repair costs after inspection, but without comprehensive coverage, you'd have to pay out of pocket. I recommend reviewing your policy - having natural disaster coverage is safest. Avoid parking near old trees normally, and be extra cautious during storms. Safety first - handle the situation methodically to minimize complications.
