Winter storms and other bad weather sometimes bring trees down onto Kentucky roads. If you should happen to run into a downed tree or a tree were to fall onto your vehicle, it could cause serious injuries to anyone in it. Afterward, as you sought to file an insurance claim, you might not know who’s liable if your car crashed into a tree on the road.
You may be able to collect an insurance payout for your damages if a tree has fallen on your car or your car has hit a fallen tree. It would depend on the circumstances of the accident and what insurance coverage was available.
An attorney at Morgan, Collins, Yeast & Salyer can determine who is financially liable for the downed tree and pursue a claim on your behalf. We have offices located across Kentucky in Lexington, Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton.
Who May be Liable for a Fallen Tree in a Car Accident?
In the simplest case of hitting a fallen tree while driving or a tree falling on a car, damages from the accident are covered by the driver’s collision or comprehensive auto insurance. Collision coverage covers all collisions, including with a tree. Comprehensive auto insurance covers incidents such as hail damage to a car, fire, vandalism, or being hit by a falling tree.
You may have collision and comprehensive coverage if you are still making car payments or leasing your car. Most car loan and lease originators require these types of coverage to protect the vehicle.
You would file a claim against your collision/comprehensive coverage in a fallen tree accident that was no one’s fault. A healthy tree fell and hit your car, or you came upon a tree on the road too quickly to stop. Your insurer should pay the claim.
Let’s consider two other scenarios to explore whether someone else may have some financial responsibility for a fallen tree accident:
- An unhealthy or dead tree fell and caused an accident. The owner of the property the tree fell from might be liable if they knew or should have known the tree was unstable and posed a risk, or if they knew it fell but did not take steps to adequately mark the danger or remove the tree in a reasonable amount of time. Their homeowner’s or business insurance would include liability coverage to pay the claim. If the unhealthy tree fell from public property, such as the roadside right-of-way or a municipal building’s lawn, the local government might be held liable. The Kentucky Transportation Cabinet is responsible for dealing with fallen trees on state highways.
- Someone was trimming or cutting the tree down. If the property owner caused the tree to fall in an unsafe manner, they and their insurance should be liable. If a hired tree service felled the tree, they would likely be liable. If a renter cut down a tree unsafely and someone was hurt, they or their landlord might be held liable. A landlord might dispute such a claim, but the landlord’s issues with a negligent tenant should have no bearing on your rights.
Why Do You Need A Car Accident Lawyer If A Tree Falls On Your Car?
As your attorneys, Morgan, Collins, Yeast & Salyer can do the investigation necessary to determine whether you have a valid claim against a property owner responsible for a fallen tree that injured you. We can calculate what compensation is necessary to make you financially whole and present your demand to the responsible insurer.
Our accident and injury lawyers can handle your insurance claim and make sure you are paid what you are due. If your injuries are serious and there is a dispute over liability, we may need to pursue a personal injury lawsuit on your behalf and ask the court to settle the matter. However, in most cases, our Kentucky Courage attorneys are successful in negotiating an appropriate settlement without going to trial.
Contact Our Experienced Lexington Car Accident Attorneys
If you have been hurt in a car accident that involved a fallen tree, there may be issues of responsibility to resolve before filing an insurance claim. Instead of getting the runaround from insurers, let an experienced Kentucky car accident law firm pursue your claim as efficiently as possible.
Call Morgan, Collins, Yeast & Salyer at (877) 809-5352 right away to set up a free initial consultation. Find out how Kentucky Courage can help set things right for you.
