LawState and Law

What to do if a tree has fallen on the machine: an algorithm of actions

The car has long ceased to be a luxury item. Moreover, as a means of transportation, it is often so necessary that in the event of an unforeseen situation a person becomes completely helpless. Therefore, the consequences of any accident should be eliminated as soon as possible. In particular, a lot of time during the restoration of the "iron horse" will save the knowledge of what to do if a tree, a pole, an icicle or a billboard fell on the car. Unfortunately, this is not such a rare accident as it may seem. But, for the first time faced with a fall on the car of something, the owners are often lost and begin to panic. It's not worth it: the chances to resolve the situation in your favor are quite large.

If the tree fell on the car, who is to blame?

Townspeople sometimes naively think that everything, except the buildings around them, is common. So, ownerless. However, this is fundamentally the wrong opinion. For each tree, billboard or power transmission post is the responsibility of either the organization or the legal entity. In some cases, you have to deal with private traders. And if your property has suffered as a result of the owner's negligence, he is obliged to respond financially for the damage.

The difficulty is to find out who is to blame for you. And this can be Deux, and TSZH, and housing department, and the owner of the parking lot, and the municipal department of the city. So get ready for a long trial and bureaucratic red tape.

The easiest way to get out of the situation is if you have a full hull. In this case, the insurance company will be looking for extreme ones, and it has much more opportunities and experience for this than an individual. But even in the absence of insurance (or incomplete), it is not necessary to drop your hands prematurely if the tree fell on the machine. What to do, we will tell, and then everything will depend on your perseverance and perseverance.

Calling services

The main thing that an automobile owner must remember, whose property has suffered: he must not touch anything, clean or move the car before the arrival of competent persons. Even if you blocked the exit from the parking lot or brake traffic on a busy street, set a "triangle", turn on the emergency and do not move.

And now about where to call, if a tree fell on the car. The choice of the number you need depends on the circumstances under which the incident occurred. If you were driving at the time, dial traffic police. If the car was standing, call the police.

In addition, having an insurance policy, call a representative of your company. Or at least tell her office what happened. Many insurers require a car to be inspected by their expert.

If a tree falls on the roof of a car in official parking, insist on the arrival of its management. And, if the parking near a supermarket, restaurant or park, the head of this institution is responsible for it.

If an accident happened in the courtyard of a residential building, you need district engineering services. In the capital, their contacts are posted on the official website of the IP of Moscow. In other big cities, too, there are similar pages.

Initial Actions

Just waiting for the called - it's in vain to waste time. Especially since they will not come for a quarter of an hour. There's no time to sit back, there's still a whole list of what to do if a tree falls on the car.

Look for people who have seen the incident. The more of them, the better. Do not doubt, many will agree to testify: the driving fraternity comes into effect. People are unlikely to wait for people, but they will give you their contact details, and then they will tell the competent persons about the incident in paint.

Take pictures, and everything: the car from different angles, the tree with the seizure of identification landmarks (plaques with address, a noticeable building, etc.), the trunk breaks - and the part that collapsed on the car, and the one that remained in the form of a hemp. The latter are needed in order that, if necessary, dendrologists on the images could identify the cause of the breaking of the tree.

Attention, registration!

Both the police and the traffic police know perfectly well what to do if a tree falls on the car. However, you also would be nice to be aware of. If a road patrol arrives, he makes up a standard accident report, only the culprit indicates the tree. If you are engaged in the police, it draws up a protocol plus an inspection report. In any case, read all the documents before the signature very carefully. They must list all damage received by the machine. Moreover, insist on making clarifications about the possible hidden damage, so that later, after identifying them, they were subject to repair at the expense of the culprit. It is also good to inscribe in the record the presence of photographs (video recordings) of the place of events and available witnesses. This will greatly simplify the proceedings with the involvement of experienced adversaries.

Collect evidence

The next thing to do, if a tree fell on the car, is to apply to an independent examination to assess the condition of the car and the cost of repairs. It is better to use the services of a company that knows all the subtleties. The expert will fix the date of the inspection. It must also be attended by an employee of the IP of IS or the owner of the territory on which everything happened. The specialist is presented only the injured car, the fallen tree, of course, you do not need to take with you. After assessing the damage, the expert will calculate the approximate cost of restoring the machine. From the report it is better to take a couple of copies and notarize them.

Immediately after drawing up the protocols and in parallel with the identification of the culprit (usually all are denied), a competent step will ask the weather service for a summary of the weather on the day of the incident. And we need to take an answer in print and with the appropriate stamps, so that after not listening to the fairy tale from the defendant about the hurricanes, tornadoes and earthquakes.

When ships can not be avoided

In 70 percent of cases when the incident concerns private or legal persons, in the presence of all documents and evidence, the perpetrator compensates the damage. However, situations where the owner of the territory does not consider himself guilty of the fact that a tree fell on his car is also not uncommon. Judicial practice shows that the victims' claims are most often satisfied. In this case, the costs of the meeting are also borne by the defendant. If your claim is not satisfied, then you will have to pay. And remember: you need to serve it early. If you are ignored for more than a month, go to court.

Without trial, it is indispensable also in the event that the Compensation is obliged to pay the IP of the IS. The application for a refund here needs to be written right away, as soon as you establish that the culprit of your losses is the municipality.

In which cases are you to blame yourself

If you in due time have attended to insure your car from all misfortunes, immediately read the policy carefully. The fall on the roof or the hood of the tree can be attributed to various risks. One is a natural disaster, the second is the fall of foreign objects. Ideally, you should specify both reasons. If there is only one, the company can assign your episode to another category of risks.

If you intend to receive compensation from the owner of the tree, you will remain without compensation in recognition of the circumstances of force majeure. The strong wind, recognized by the meteorological center as storm, refers precisely to those, and in this case the machine will have to be reanimated on its own.

Without compensation, you will remain and if the car was parked in places not intended for parking. And under such circumstances, the insurance company will refuse you money - you have violated the terms of the contract.

Subtleties you need to know

When the tree falls, not accompanied by injuries and, even more so, death of people, the examination will be conducted at your expense. The costs can be later included in the bill for the repair of the machine. If someone was injured, a criminal case is initiated, and the police will conduct the inspection.

Note that if the repair requires an amount exceeding half the current value of the car, it is considered uneconomic. And then the insured or the culprit is obligated to pay the full price of the machine (naturally, taking into account depreciation). You cease to be the owner of the injured car.

How not to fall under the blow

In order not to think what to do, if a tree fell on the car, it is better to constantly observe the elementary vigilance. Promise a strong wind (more than 13.9 m / s) - put the "iron horse" in open areas, away from trees and buildings (a brick or icicle may well come from the roof too). Do not park near old trees (especially for willows and poplars that age with fragility and hollow inside), and your machine will serve faithfully for decades.

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