Falling trees endanger drivers: Who is liable for storm damage?

Falling trees endanger drivers: Who is liable for storm damage?

In Austria, taking the Christmas tree out of the forest becomes a spicy affair. A recommendation from Krone.at is pronounced, offers alternative options to the traditional wooden variants. But the ordinariness is being questioned: Christopher Leuchtenmüller, a caring tree lover, warns about the threatened tradition of artificial Christmas trees that is spilling over to us from Germany. “Fortunately, they haven’t quite arrived in Austria yet,” he insists defiantly, highlighting the advantages of real trees.

Storm and damage: Who is liable?

The question of liability if a tree falls on a car after a storm concerns many people. According to the analysis of test.de The owner protects himself from damage claims as long as he regularly checks his trees for potential dangers. A case from Munich shows that the injured party did not receive any compensation because the court decision found that the tree had no visible defects. A visual inspection of the trees once a year—in leafy and unleafed states—is sufficient. However, if signs of danger such as dried leaves or broken branches are visible, a thorough examination is essential.

If damage occurs due to falling branches, the damage often remains with the vehicle owner if there was no apparent danger from the tree. In such cases, comprehensive insurance may pay, but only from wind force eight. These legal miniature miracles highlight the importance of personal responsibility for one's own tree landscape and leave many drivers in uncertainty. A look at the insurance documents could provide a clarifying answer to your own risk protection.