You can be held liable if a tree on your property falls on someone else’s car. If you neglected a tree that fell on a car, you could be held responsible for the incident. Or, if severe weather may have been a significant factor in the tree’s fall and there were no signs of a dangerous condition, you may not be liable.
Talk with a car accident lawyer in Fort Lauderdale if you have questions about liability if a tree falls on a vehicle. Your attorney may perform an investigation and assess who may be liable for the incident.
If a tree falls on your car, you could request compensation from your auto insurance company, even if a property owner may be liable. On the other hand, if your losses from the incident exceed your insurance policy limits, your lawyer may advise you to sue the property owner for compensatory damages.
When Are You Liable for a Tree on Your Property Falling on a Car?
If a tree on your property is dead, rotting, or visibly leaning and you do not address this issue, it could fall on someone else’s car, and you may be held liable for the incident and the vehicle owner’s losses.
To establish liability, evidence will typically have to illustrate that you knew or should have known that the tree was hazardous. Such evidence can include prior complaints or a past warning from a professional arborist.
If liability can be proven, your homeowners’ insurance policy could cover the losses of the owner of the car that was damaged. If your insurance coverage is insufficient, the car owner could pursue compensation from you through a lawsuit.
How to Prove That You’re Not Liable if a Tree on Your Premises Falls on a Car
To show that you’re not liable for a tree on your premises falling on someone else’s car, you may need evidence that highlights how the incident may be the result of severe weather and that there were no prior signs of danger. In this situation, it helps to collect relevant evidence from a wide range of sources.
Below are some of the types of proof that could strengthen your case:
- Arborist records: These can include inspection reports, maintenance invoices, and pruning logs from a certified arborist that help demonstrate that the tree was in good health.
- Tree photos: Take photos of the fallen tree’s interior, base, and canopy after the incident. With these photos, you may be well-equipped to show that the tree had green leaves, solid wood, and no rot, termites, or fungal decay.
- Weather reports: These can be used to prove that a hurricane, tornado, or other inclement weather conditions may have contributed to the tree’s fall.
If you’re found not to be liable for a tree on your property falling on another person’s car, this individual’s comprehensive auto insurance coverage may cover their losses. Auto accident attorneys can teach you about Florida’s insurance requirements for motorists and how these may apply based on the specifics of your situation.
Can You Be Held Partially Liable if a Tree on Your Property Falls on Someone Else’s Car?
You and a car owner could share responsibility if a tree on your property falls on this individual’s vehicle. For example, a car owner parks their vehicle under a tree on your property even though you’ve warned them about branches falling from the tree. If the tree falls on their car, both parties could be partially liable.
Get legal help if you’re unsure about how fault is determined in a car accident in which a tree on your property fell on another individual’s vehicle. Your lawyer can explain modified comparative negligence in Florida and why you and a car owner could be partly at fault for this incident.
Of course, if a tree has fallen on your car, it can be beneficial to seek legal help as well. Ideally, you should look for a personal injury lawyer who has experience in cases similar to yours.
This attorney will allocate time and resources to your case and, if warranted, prepare an argument to present to a judge or jury.
Learn More About Liability if a Tree on Your Property Falls on a Car
When a tree on your property falls on a car, you may be worried about whether you’ll have to cover the vehicle owner’s auto repair expenses, medical bills, and other losses. Thankfully, you have access to legal guidance and support.
The team at Blakeley Car Accident & Personal Injury Lawyers has 40 years of combined experience. We are committed to helping our clients with auto accident claims and lawsuits, including those involving incidents in which a tree has fallen on a car.
If you have questions or concerns about who may be liable when a tree falls on a car, we can address them. On top of that, if a tree recently fell on your car and you want to recover damages from any parties that may be liable, we are here to help. For more information, request a free case consultation.
