Record damage

Regardless of whether you have a CASCO policy, it is necessary to record the damage. In the future, this can help in obtaining compensation, even if the car was not insured.

It is necessary to call a police officer to the scene of the incident, this may be a representative of the territorial division of the Ministry of Internal Affairs. Traffic police officers in this case are unlikely to be able to help you. The easiest way is to contact the employees of the local police department, in particular, to the district police officer in charge of the area. Also, if everything happened within the city or settlement, you need to call the employees of the HOA, ZhEK or DEZ, depending on who is responsible for servicing the area.

It is important that the drawn up protocol does not say that you have no claims to anyone, since this phrase can be interpreted as a refusal to compensate. In the inspection report drawn up by an ATS officer, the following should be recorded: the reasons for the fall of a tree or other structures, the damage is described in detail and his conclusion about the work of the organization serving this section is spelled out.

It will also be useful to self-record the damage on the camera. mobile phone... It is necessary to remove both the car itself and the fallen structure or the trunk of a tree in the place of the break. This will help in case of disputes about the reason for the fall.

It will be useful to find witnesses who are ready to confirm in court that you left the car in a safe place, where there were no parking signs within a radius of 20 meters.

Assess damage

If the car has CASCO insurance, the assessment will be carried out by the employees of the insurance company. In the opposite situation, you will have to apply for an independent examination to a specialized auto-technical company.

In some cases, when the car cannot be restored, the assessment can be carried out using photographs, but most likely it will be necessary to either take the car for an inspection or call specialists to the scene.

Find the culprit

For owners of a full CASCO policy that protects the insured against "natural disasters", the problems usually end at the stage of contacting the insurance company and fixing the damage. The rest will have to independently "go through the agony" and search for those responsible who are obliged to compensate for the damage.

If the fallen tree was dry, then employees of the Department of Nature Management can fix it. And the responsibility in this case falls on the company serving the territory, and which did not cut down the dangerous tree in time.

If the car is damaged by a metal structure, then a claim must be made to the company that installed it.

If the machine is damaged, for example, by a torn off roof, then the organization servicing the structure damaged by the wind should be responsible.

Those who left the car on a dirt road or near a forest should not expect compensation.

What not to do

In no case should the car be moved until the damage is fixed and leave the place of emergency - this will automatically deprive you of the right to compensation, regardless of whether there is a CASCO policy.

Also, a tree or other object that has fallen onto the vehicle must not be moved. Before arrival police officer and the representatives of the companies in charge of the territory, everything should remain as it was at the time of the incident.

You do not need to sign any documents where you declare that you have no claims against third parties, even for promises to compensate for damage "on the spot." The car can have hidden damage and you might underestimate your repair costs.

It is important not to follow the lead of the insurance company or HOA employees, who claim that only you are the culprit of what happened and are not entitled to any compensation. There is no law obliging the car owner to be on duty at the car and save it from possible disasters. In case of such allegations, go to court.

It's no secret that many people have to park their cars on the "where there will be space" principle. Such places in the yard often end up next to trees, which, in the event of increased wind, have every chance of collapsing onto a car or dropping a branch on it. Such news is no longer surprising for city dwellers. So what to do if a tree fell on the car, where to call and how to compensate for the damage? We will talk about this further.

Contacting an insurance company

If a tree has fallen on the car, then the first thing a car owner who has an insurance policy should do after the accident has been registered by authorized persons is to contact the insurance company and record the occurrence of the insured event. To do this, it is necessary to provide the owner's documents, documents for the car and all the papers that were received during the registration of the incident, as well as the expert's opinion, if an examination has already been carried out to establish the cost renovation works... An application to the insurance company must be submitted within 3 days after the incident.

If the owner of the car has insured the car under CASCO, then there should be no problems with payments. But if the CASCO was incomplete or the OSAGO insurance was issued, then the insurance company can only help in drawing up a claim against the territorial management company.

If the insurance policy does not cover damage in the event of a tree falling on a car, then you need to contact the owner of the site or the management company that owns this site. Since their immediate responsibilities include monitoring the state of green spaces on the territory, their timely removal (if the tree has dried up, for example) or cutting branches that may fall.

Who can reimburse damage other than the insurance company

In order to do everything right and get the desired result, in this case - payments for damage caused to the car, you need to act as follows:

If the condition of the tree at the time of demolition was good, then it will be more difficult to repair the damage; as in the case if a saw cut is found or a storm warning was announced on the territory of the car owner's residence. It is dangerous to park a car under trees in a storm. fall of trees is possible. It is assumed that the owner of the car deliberately took this risk. If he was in a hospital or on an urgent business trip, then this fact can justify him only if he has documents (sick leave, business trip, etc.).

1. After the incident was recorded by a traffic police officer, the telephones of witnesses were collected and photographs were taken, you need to free the car from the wreckage (on your own or with the help of the Ministry of Emergencies) in order to assess the damage. To do this, you can call an independent expert or resort to the services of an insurance company. The results must be multiplied and certified by a notary.

Compensation for damage through the court

The car owner has the legal right to claim damages from the party that is in charge of the given area of ​​the territory. The owner of the car collects all the necessary package of documents and sends it by registered mail with a request to compensate for the damage caused. The other party reviews the letter and decides whether to agree or refuse payments.

If the parties cannot come to an agreement through peaceful negotiations, then the injured party has the right to file a claim in court at the scene of the incident. To confirm the incident and the guilt of the defendant, you must provide all the necessary documents (results of examinations, protocol, certified by a law enforcement officer, certificates from the hydrometeorological center, etc.). The original documents are required for the judge to consider the case. After receiving a writ of execution and a court decision that entered into force, the owner of the car writes a statement of collection and goes to the bailiff, where he hands them over. You can also transfer an application with a writ of execution to the banking organization where the debtor's accounts are located. The bank must transfer the funds to the plaintiff's account within three business days.

In judicial practice, there is no definite answer who will win this or that case. Much depends on the documents and evidence collected and provided by the parties. But you need to defend your rights. If the car owner is not very well versed in legal matters, then you need to contact a lawyer or attorney. According to the Code of Civil Procedure of the Russian Federation, the defendant, who has lost the court, reimburses the costs, legal costs of the plaintiff, including the services of a lawyer.

In what cases it is not worth waiting for compensation for damage

No one will help to repair the car for free and will not compensate for damage if it was parked in a pedestrian zone, in a forest belt or in another place not intended for parking. Only CASCO can help, which provides for all possible risks, including a tree falling on a car. But the employees of the insurance company may have questions. Therefore, it is necessary to draw up a protocol, without fail calling a traffic police officer or an emergency commissioner. The insurance company may also refuse if there is evidence of intentional or unintentional damage to the car by third parties who cut down or dumped the tree onto the vehicle. In this case, they should be responsible for the act under the article on damage to someone else's property.

THE COURT'S DECISION
for compensation for damage caused by a tree falling on a car

On April 15, 2015 the Golovinsky District Court of Moscow, composed of the presiding judge O.V. Arbuzova,
under the secretary A.P. Isaeva,
Having examined in open court the civil case No. 2-1556 / 13 at the suit of T.A. Kuznetsova. to the State Treasury Institution "Engineering Service of the Levoberezhny District" for compensation for damage,

U S T A N O V I L:
The plaintiff Kuznetsova T.A. applied to the court with a claim against the GKU of the city of Moscow "Engineering Service of the Levoberezhny District" and asks the court to recover from the defendant 284,408 rubles for the damage caused, the cost of an inspection with a defect is 6204 rubles, the cost of an examination is 4050 rubles, the cost of rewriting services videotapes with informational material for non-commercial use in the amount of 700 rubles, the cost of postage is 747 rubles. 24 kopecks, the cost of issuing a notarial power of attorney in the amount of 1600 rubles, payment of legal services in the amount of 30,000 rubles. The plaintiff motivates his claims by the fact that on the night of May 29, 2012 to May 30, 2012, at about 01.00 am, at the address:<адрес>, on the car<данные изъяты>, owned by the plaintiff, a tree trunk fell. A.G. Kuzmin, acting under a power of attorney from the plaintiff, on the same day applied to the UUP OMVD for the Levoberezhny district of Moscow with a statement about the damage to the vehicle. On June 1, 20102, a decision was issued to refuse to initiate a criminal case, due to the absence of corpus delicti under Art. 167 of the Criminal Code of the Russian Federation. As a result of the fall of a tree trunk, the plaintiff's car suffered mechanical damage. Home maintenance<адрес>is carried out by the respondent. According to the report, the cost of refurbishing the plaintiff's car is 284,408 rubles.

The plaintiff's representative by proxy Kuzmin A.G. at the hearing, he fully supported the claim, and also explained that the residents of the house turned to the defendant to cut down the tree, which later fell on the plaintiff's car, but the defendant's employees did not take any action.

The defendant's representative by proxy Litvinov H.The. appeared at the hearing, disagreed with the claim, on the grounds that at the time of the onset of circumstances that resulted in the damage to the plaintiff's car, the tree was in good condition and did not qualify for sanitary and recreational activities in terms of cutting it down. Using a parking lot next to trees negatively affects the condition environment and leads to the emergence of latent tree diseases. In this situation, the fall of a tree should be regarded as an unforeseen circumstance. The plaintiff did not provide evidence that the fallen tree was emergency and that it was not the fault of the defendant. outward appearance did not look accidental, the damage to the car was accidental, and by virtue of Art. 211 of the Civil Code of the Russian Federation, the risk of such damage must be borne by the owner.

The representative of the defendant, the Levoberezhny District Administration, being notified of the date and time of the consideration of the case, did not appear at the hearing.

The court, having heard the representative of the plaintiff, having studied and examined the materials of the case, considers the claim to be satisfied in part, on the following grounds.

By virtue of Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for losses caused to him, if the law or contract does not provide for compensation for losses in a smaller amount. 2.Losses are understood as expenses that a person whose right has been violated has made or will have to make in order to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received under normal conditions of civil turnover, if his right had not been violated (loss of profits).

According to Art. 1064 of the Civil Code of the Russian Federation 1. harm caused to the person or property of a citizen, as well as damage caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm. A law or a contract may establish the obligation of the causer of harm to pay compensation to the victims in excess of compensation for harm. 2. the person who caused the harm shall be exempted from compensation for harm if he proves that the harm was caused not through his fault. The law may provide for compensation for harm even in the absence of the fault of the causer of harm.

In accordance with Part 1 of Art. 1079 of the Civil Code of the Russian Federation, legal entities and citizens whose activities are associated with increased danger to others (the use of vehicles, mechanisms, high voltage electrical energy, atomic energy, explosives, strong poisons, etc.; implementation of construction and other related with her activities, etc.), are obliged to compensate for the harm caused by a source of increased danger, if they do not prove that the harm arose as a result of force majeure or the intent of the victim. The owner of a source of increased danger may be released by the court from liability in whole or in part also on the grounds provided for by paragraphs 2 and 3 of Article 1083 of this Code. The obligation to compensate for harm is imposed on entity or a citizen who owns a source of increased danger on the basis of ownership, the right of economic management or the right of operational management, or on another legal basis (on the basis of a lease, by power of attorney for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer a source of increased danger to him, etc. .P.)

In accordance with clause 7.2.6. Decree of the Government of Moscow of 10.09.2002 N 743-PP "On Approval of the Rules for the Creation, Maintenance and Protection of Green Spaces in the City of Moscow" improvement, development and updating of the General plan of the city of Moscow in the related part. Information on violations of environmental legislation identified within the framework of monitoring the state of green spaces is sent to the authorized regulatory bodies.

When designing landscaping and improvement facilities, the results of monitoring the resistance of green spaces to pests and diseases are taken into account. The department authorized to approve landscaping and improvement projects ensures compliance with this environmental requirement for project documentation.

When planning works on the maintenance of green spaces, the balance holders of territories form and substantiate the scope of planned works, taking into account the recommendations issued based on the results of monitoring on the list of necessary measures to eliminate the negative dynamics of the state of green spaces.
Monitoring data on the presence of dead trees are taken into account for planning the scope of work on sanitary felling of trees by organizations involved in the maintenance of green spaces.

Monitoring of the state of green spaces ensures the actualization of the indicators of the Master Plan of the City of Moscow, established in the administrative documents of the Moscow Government, in terms of the state of green spaces.

Based on the information received on violations of environmental legislation identified within the framework of monitoring the state of green spaces, including cases of non-compliance or violation of technology during landscaping and maintenance of city facilities, the Department of Nature Management and Environmental Protection of the city of Moscow conducts inspections in accordance with the existing powers.

In accordance with clause 9 of the said Resolution, the legal owners of the territory are obliged to: ensure the safety of plantings; throughout the year, bring to the attention of the plant protection production service (PSPP) of the State Unitary Enterprise "Moszelenkhoz" information about all cases of mass appearance of pests and diseases and take measures to combat them in accordance with the instructions of specialists, ensure the removal of dead wood, cutting dry and broken branches and treatment wounds, hollow in the trees; in all cases, the felling and replanting of trees and shrubs produced in the process of maintenance and repair should be carried out in accordance with the requirements of these Rules and technological regulations;

As established at the hearing and confirmed by the materials of the case, the plaintiff Kuznetsova T.A. is the owner of the car<данные изъяты>, which is confirmed by the data of the vehicle registration certificate (ld 9-10).

On May 29, 2012, A.G. Kuzmin, who owns a vehicle on the basis of a power of attorney issued by the plaintiff, parked the vehicle at<адрес>

On the night from May 29, 2012 to May 30, 2012, a tree trunk fell on the plaintiff's car, this circumstance is not disputed by the defendant.

May 30, 2012 A.G. Kuzmin applied to the OMVD of Russia for the Levoberezhny district of Moscow, with a statement, where he asked to record the fact of damage to the car<данные изъяты>which happened at:<адрес>was discovered on May 30, 2012.

In accordance with the protocol of the scene, it was established that in the area located opposite the entrance no.<адрес>, which is intended for parking vehicles, there is a car<данные изъяты>which has mechanical damage, tree branches are scattered around the car, near the front bumper there is a fallen tree trunk.

By the resolution on the refusal to initiate a criminal case, issued on June 1, 2012, to initiate a criminal case at the request of A.G. Kuzmin. about car damage<данные изъяты>denied, on the grounds provided for in clause 1, h. 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation. It follows from the above decision that in the evening of May 29, 2012 Kuzmin A.G. parked the vehicle in front of the house,<адрес>, and on the morning of May 30, 2012, he discovered that a tree fell on his car, causing damage in the form of: scratches and deep dents on the hood on the right side, broken right headlight mounts, damage to the front bumper with scratches, broken windshield, scratches and deep dent in the roof, dent in the pillar near the windshield and next to the roof.

On June 21, 2012, the plaintiff applied to LLC SC TTSSH for the purpose of conducting a defect detection for examination, the cost of the said servant was 6204 rubles. (ld 54)

On July 11, 2012 the plaintiff's car was inspected by a specialist of Nick Otsenka LLC, from the report on the cost of restoring the damaged car<данные изъяты>it follows that the cost of refurbishment of the specified car, taking into account wear and tear, is 284408 rubles. (l.d. 25-53). Evaluating the report submitted by the plaintiff, the court believes that the information contained in it can be used as the basis for the court's decision, since the report was drawn up by a person whose competence and qualifications the court has no reason to doubt, the conclusion is complete, reasoned and scientifically sound. At the hearing by the representative of the defendant, the amount of damage caused to the plaintiff was not disputed. The plaintiff paid 4050 rubles for the preparation of the report. (ld 24).

July 13, 2012 on the plaintiff's car parked in the local area<адрес>a tree fell, as a result of which the car suffered mechanical damage.

It was also not disputed at the hearing that the defendant is the asset holder of the adjacent territory where the tree fell.

Assessing the evidence collected in the case, the court considers the plaintiff's claims to be legitimate and reasonable, while the court considers it possible to impose responsibility for causing damage to the plaintiff on the defendant, since the defendant's representative at the hearing did not present any reliable evidence that the defendant's employees carried out any -or measures to inspect trees and other green spaces in the inner-house area where the tree fell.

Determination of the degree of accident rate of trees is carried out on the basis of the rules established by the Government of Moscow No. 822-PP dated September 30, 2003 “On guidelines on the assessment of the viability of trees and the rules for their selection and appointment for felling and replanting ”, in which in Art. 2 it was found that all categories of trees to be cut down are determined by visual signs.

The materials of the case contain the answer of the GKU IS of the Levoberezhny District X, residing at the address:<адрес>, according to which X turned to the defendant with a question about sawing dead and emergency trees (ld 16).
The court considers it possible to disagree with the arguments of the defendant's representative regarding the conscientiousness of the defendant's performance of his duties to monitor the condition of trees located on his territory, due to the absence of signs of an accident of a fallen tree, since the defendant had a real opportunity to timely determine the belonging of the fallen tree to the category emergency and in accordance with the requirements of the law to carry out his cut.

At the hearing, the representative of the defendant did not present evidence to the court that the tree that fell on the plaintiff's car was in a state where it could not be classified as an emergency, and there was no evidence that there was no evidence that the tree was cut down and there was no danger of its fall ...

Under the above circumstances, the court considers that from the defendant in favor of the plaintiff, on account of compensation for damage, the amount of restoration repair of the damaged car of the plaintiff, taking into account wear and tear, in the amount of 284408 RUB is subject to recovery.

In accordance with Art. 94.98 Code of Civil Procedure of the Russian Federation, from the defendant in favor of the plaintiff, the costs associated with the payment of the cost of the assessment, in the amount of 6204 rubles, 4050 rubles, as well as postage costs in the amount of 747 rubles. 24 kopecks, the cost of issuing a power of attorney in the amount of 1600 rubles, the cost of paying the state duty in the amount of 6177 rubles. 10 kopecks At the same time, the court takes into account that these expenses are documented by the plaintiff.

In accordance with Art. 100 Code of Civil Procedure of the Russian Federation, the court considers it possible to recover from the defendant in favor of the plaintiff the costs of paying for the services of a representative. When determining the amount of costs to be recovered, the court, guided by the principles of reasonableness, taking into account the number of court hearings and the work carried out by the plaintiff's representative, considers it possible to determine it at 10,000 rubles.

The court finds no reason to attribute the costs of re-recording a video cassette with information materials in the amount of RUB 700 to the plaintiff's court costs, since it does not see these costs as necessary for the consideration of the case.

Based on the aforesaid and guided by Article. 194-199 Code of Civil Procedure of the Russian Federation,

DECIDED:
Collect from the State Treasury Institution of Moscow "Engineering Service of the Levoberezhny District" in favor of T.A. Kuznetsova. on account of damages 284 408 rubles., expenses for the inspection 6204 rubles., the cost of assessing 4050 rubles., postage 747 rubles. 24 kopecks, the cost of issuing a power of attorney 1600 rubles, the cost of paying for the services of a representative of 10,000 rubles, the cost of paying the state duty 6177 rubles. 10 kopecks

The decision can be appealed to the Moscow City Court within a month from the date of the final decision of the court by filing an appeal through the Civil Affairs Office of Golovinsko.

Summer, like spring, has not yet arrived in the capital, but a hurricane has come, which tears down road signs, knocks over tables on fashionable verandas that have just opened, and knocks down trees. All of this can suffer, including cars.

However, according to lawyers, even if the car, on which a tree fell, a billboard or something else, is not insured for comprehensive insurance, but only for compulsory motor third party liability insurance, the driver has a chance to receive compensation.

Where to call

The choice of the service to be called to the scene depends on the circumstances in which the vehicle was damaged. If you were driving a car when a tree or any other foreign object fell on it, call the traffic police. Otherwise - an outfit from the local police department.

As a rule, in the process of filling out the papers, the driver is asked to write that the amount of damage to him is insignificant. Do not under any circumstances subscribe to these words. After that, there will be practically no chance of suing something.

If your vehicle has been damaged in a parking lot, try to call along with the staff and representatives of the parking supervisor. If trouble happened in the courtyard of the house, you need district engineering services and representatives of the HOA.

What to do locally

It will take some time for the police officers to wait. In no case should you waste it on cleaning the car of damaged objects. Do not touch anything at the scene - leave everything in the state in which you saw your car.

Try to find witnesses to how it all happened. If people cannot wait, take their contacts: address, phone number. Take a lot of photos. Take pictures of the car from different angles, preferably with a sign with the address of the house, or other items that can be used to determine the location, the item that damaged it. If it is a tree, then photograph the fault line and the stump remaining from it. If there is a billboard - remove the place where it was installed.

How to register an incident

Police representatives must draw up a report on the inspection of the scene. This act or certificate should state the reason for the fall of the tree / billboard, and so on. Most often it will be a strong wind. If a district police officer or a traffic police officer writes that the tree was dry, this is an additional plus to the chances of getting compensation.

The certificate should also describe the damage caused, and also draw conclusions about the quality of the work of the organization that serves the territory. In addition, the document must state the time, place and circumstances of the incident.

It is advisable to immediately assess the damage. It is best to use the services of an independent examination - a representative of the territory where the accident occurred must be present. Evaluation staff will inspect the vehicle and issue a verdict on how much the repair will cost.

It is also possible to carry out an examination of the wood or advertising structure to find out if the wood was dry and if the fastening system was installed correctly. As additional insurance, you can get a certificate from meteorologists that there really was a hurricane in the city on the day the car was damaged.

It is important to know that the examination is carried out at the expense of the car owner, but its cost can be included in the costs that will be compensated by the court. At the expense of the state, an assessment is carried out only if people have been injured.

Who will pay for the repair

It will probably be possible to get money only through the courts. In the event that the case is successful, the defendant will be obliged to compensate for legal costs, car repairs and damage assessment.

The district administration, DEZ, ZhEK or HOA can act as a defendant. In the case of an advertising structure, if it is proven that it was installed incorrectly - the organization that installed it.

When there is no chance

If the car was parked in a place not intended for parking, there is practically no chance of winning the law from the owner. In addition, if a storm warning was announced, and you still parked near a potentially dangerous object, this is a good reason to refuse a claim.

The falling of a tree on a car, as a rule, causes great damage, in addition to the body, internal parts also suffer. In some cases, it is possible to receive compensation for the repair of the car. To begin with, let us designate the cases in which you will not have to count on compensation. If a tree falls on a car in a place not intended for parking - in a forested area, on a sidewalk, in a place where parking and stopping are prohibited. And also if the incident occurred as a result of a natural disaster or other force majeure circumstances.

You can claim compensation for damage in the following cases:

the fall occurred while the vehicle was in motion;
the tree fell because it was rotten or too dry;
the car was parked without disturbance;
the car has a CASCO insurance policy.

So, you found that a tree fell on the car. There is no need to try to knock the tree off the car or remove the branches - it will not be possible to correct the situation and this will only create an obstacle in obtaining compensation. The first step is to call the ATS, and the traffic police only if the tree fell while the car was moving. We call the police and do not touch anything at the scene. Check the correctness of the protocol, the list of damages should be drawn up in as much detail as possible and the reasons for the damage to your car should be indicated. You should not write in the protocol that you have no claims to anyone and that the damage is considered insignificant. The police, in turn, must issue a certificate of the fact of damage to the car, which must contain the following: a complete list of damage, the circumstances of the incident, the place of the incident, date and time. If there are witnesses, write down their contacts and ask for help in testifying about this proceeding.

If you have a photo or video camera at hand, film your damaged car from as many angles as possible. It is good if there was a DVR in the car that can work in the absence of the driver. Not in all cases of indemnification under CASCO insurance indemnity is possible, only if there is a corresponding clause in the contract. It is necessary to call a tow truck and send the car to the garage or to a paid parking lot if, for example, glass is broken and there is a risk of vandalism or theft.

If there is no insurance policy, you need to find out who owned the tree. Municipal and engineering services are responsible for trees on the territory of the city, individuals for trees on their plots. Cases of falling trees are not uncommon due to neglect of green areas in the city. It will be very good if you arm yourself with a certificate from the hydrometeorological center that there were no strong gusts of wind or other weather disasters that day. Order an independent expert assessment of the damage caused to the car. Agree with the appraiser on the time and place of the appraisal and invite the owner of the tree for an inspection.

Cases of pre-trial settlement in such proceedings are quite rare, therefore, it is necessary to draw up a statement of claim to the court. It is best to contact a competent lawyer who will not miss the slightest nuances and help you win the case. By the way, if the insurance company refuses to pay compensation, although the case is subject to insurance, it is worth going to court. Keep all receipts for costs, including towing services, pending trial. If the case is considered in your favor, all costs, including the services of a lawyer, are reimbursed by the defendant.