Accidents & Damage

My car was damaged by a fallen tree — whose insurance pays?

Illustration for: My car was damaged by a fallen tree — whose insurance pays?
Short answerIf you have comprehensive cover, your own motor insurer may be the simplest route. Recovering the cost from the tree owner generally requires evidence that they were legally responsible for allowing a known or foreseeable danger to remain.

What should you do?

  • Photograph the tree, car and surrounding area before removal where safe.
  • Record any obvious decay or previous warnings about the tree.
  • Get the landowner's details if known.
  • Do not assume the landowner is automatically liable after a storm.

What can make a difference?

The result can depend on your level of cover, exclusions, excess, information given when the policy was arranged or renewed, who was driving, and the precise circumstances. Two policies both described as “comprehensive” can still contain different terms.

Your insurer may investigate whether recovery from another party is possible.

Who pays can depend on both your cover and whether anyone was legally at fault

Comprehensive insurance may cover damage to your own car, while recovering the cost from a tree owner usually requires a basis for legal liability. A tree falling does not automatically make its owner responsible.

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