The reasons for falling trees can be different. Trees can be uprooted by strong hurricane force winds. And if a heavy rain has washed away the soil or, for example, the soil is loose due to recent trenching, then the tree can fall even with not too strong wind.
Very often, trees damage cars parked in the courtyards of apartment buildings. Responsibilities for the maintenance of yard areas, including landscaping facilities located therein, are assigned to the management company, homeowners association, housing cooperative.
Apartment owners pay a fee for the maintenance and repair of housing, a fee for common household needs, and the managing organization (MA), according to Roskachestvo, must ensure safe and favorable living conditions for citizens, the proper maintenance of common property and resolution of issues related to its use (according to article 161 of the LCD RF).
The first actions of the motorist.
If a tree has fallen on a parked car, do not immediately clean the car, remove branches, chips, fragments of trees. First you need to fix the situation.
Although falling from a tree is not an accident, you should still contact the police: call 102.
The police force that arrives, when inspecting the place of the accident, will draw up a report (inspection report, inspection report of the place of the accident or another, depending on the circumstances), indicating in it the time and place, the reasons for the fall, and damage caused to the car. And although the police are likely to issue a refusal to initiate a criminal case in the absence of malicious intent, the car owner will have a statement to the police and a coupon for notification of the appeal. He will need it if he is going to sue for damages.
Also, do as much documentation as possible of the scene and the damage caused by the tree. Use photos and videos. On the camera you need to correct the direction, the fallen tree, the branches, the root of the tree, if it is visible. Describe what is happening out loud. You can bring witnesses.
What evidence do you need to gather to file a claim?
Even if a criminal case has not been started, you can try to find the culprit and receive compensation for damages. To do this, you will most likely have to go to court with the collected evidence. What will have to be tried?
The car was properly parked. It will be necessary to prove that the car was not parked in a place prohibited to park (for example, fenced off with tapes or on a sign that warns about the work that is being carried out). If the vehicle was parked in violation, the defendant may be released from liability.
The car was not damaged by force majeure. It also includes natural weather conditions, such as hurricane force winds. You can request a certificate from the Hydrometeorological Center about how the weather was that day.
No intentional damage. The decision to refuse to initiate a criminal case by the police will prove that third parties are not guilty of intentionally damaging the tree and the vehicle. However, if malicious intent is found, then compensation must be collected from the one who intentionally, for example, cut down a tree.
Damage test. To do this, you must contact independent experts for inspection. Specialists will study visible and hidden damage to the car and correct the process in the photo. Subsequently, the cost of the examination can be recovered from the defendant.
How to claim damages
You can recover damages from the organization responsible for the maintenance of green spaces, for example, from the management company. To begin with, it is better to make a claim to the MA, describing the situation in detail, giving justification and indicating your requirements. The claim must be sent by certified mail with acknowledgment of receipt or delivered in person with a second copy of receipt. If the MA refuses to comply with the requirements, you will have to file a lawsuit in court.
As a rule, a statement of claim is filed at the location of the defendant with the district court (if the amount of claims exceeds 50 thousand rubles), or with the justice of the peace (if the claims are for a smaller amount ). . The amount of the claim must include the cost of repairing the car and related costs (for an examination, a lawyer, obtaining certificates, etc.).
“As it follows from judicial practice, the law on consumer protection can be applied to this situation if the defendant is a management company with which you have an agreement to manage an apartment building,” says Igor Pozdnyakov, deputy head of the department of consumer protection and development. from the quality of financial services in Roskachestvo “. In this case, a claim can also be filed with the court at the place of your residence or stay, or at the place of conclusion or performance of the contract. Moreover, not only the amount of the damage caused, but also a fine for voluntary non-compliance with the requirements, may be recovered from the defendant”.
The court’s decision will depend on many indicators. If the defendant proves that he is not guilty and the tree fell due to a hurricane, then it will not be possible to recover damages.
if there is insurance
If the owner of the vehicle has CASCO insurance, where the contract stipulates compensation for damages in the event of a fall from a tree (an insured event), then the insurance company will compensate the damages. Then you can avoid filing a lawsuit. The main thing is that in order to compensate the car owner for damage, it is necessary to immediately notify the insurer about the occurrence of an insured event, guided by the terms of the contract. OSAGO insurance does not apply in this case.
