Car damaged by fallen tree? Find out who is responsible for the costs.
Realize who has to take responsibility for the material consequences of a storm.
Autarquias may have to assume responsibility for the falling of trees.
According to DECO PROteste, as read in Notícias ao Minuto, if your car is damaged by a falling tree, it is the municipalities that have to take responsibility for maintaining municipal property, including trees in public spaces.
However, "citizens can only request compensation if they can prove that the municipality did not ensure the proper conservation of the tree that fell on the vehicle".
It is necessary to prove that the trees already showed signs of risk before falling.
The bad weather last week led to a significant increase in incidents reported to Civil Protection, with falling trees and structures being the main incidents recorded. If your car was hit by a tree, who should pay for the damage?
A DECO PROTest already clarified this issue in October 2023, when a storm caused damage in various areas of the country: "Citizens must prove that the tree already showed signs of risk before falling. For this, it is essential that the occurrence is recorded in the report of the police authorities called to the site, as well as gather as much evidence as possible, such as photographs of the tree and its previous state".
Nevertheless, a large part of the recently recorded tree falls result from extreme weather conditions previously warned by Civil Protection.
Does car insurance cover this type of damage?
According to DECO PROTeste, the fallen trees and landslides caused by the storm are covered by the coverage of natural phenomena, available in own damage insurance policies.
This means that only policyholders who have contracted this specific coverage can activate the insurance to receive the respective compensation, a rule that applies to both current and past situations.
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