Who should be responsible for compensation if a car is damaged by a falling tree?
1 Answers
If it is a natural disaster, the owner must bear the loss themselves. However, if it can be proven that the street management was negligent, compensation can be claimed. Below are relevant details: 1. Force majeure: If a tree falls and damages a vehicle due to force majeure, the insurance company will cover the compensation if the vehicle is insured. If there is no insurance or the damage is not covered by the insurance policy, the owner must bear the cost. 2. Tort Liability Law: According to Article 90 of the Tort Liability Law of the People's Republic of China, if a tree falls 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. Negligence in maintenance: If a tree falls and damages a vehicle due to negligence in maintenance or management, the manager of the tree shall be liable for compensation, and the owner shall bear joint liability. If the vehicle owner is also at fault, they shall bear corresponding responsibility.