Parking under trees especially in the autumn dangerous
There are probably nothing more annoying for motorists in the fall than to go to the car in the morning and find countless dents on the car roof . A look up reveals the culprit: chestnuts . The evening before, it was a pleasure to quickly find a free parking space. But this joy passes quickly. Instead, drivers ask: who pays me the damage caused by the chestnuts? Can the owner of the chestnut tree – for example the landowner or the city – be blamed for the dents?
Judgments confirm: Car drivers responsible for chestnut damage
Court rulings such as that of the Higher Regional Court of Hamm (Az. 9 U 219/08) quickly take away any hope for victims. Unlike rotten branches that have crashed into the vehicle, the owners of the trees can not be held responsible for the fact that falling chestnuts cause damage to the car. The judges call this danger “general life risk” . Likewise, municipalities do not have to put up any warning signs to point out the danger, according to a ruling by the Aachen Regional Court (Ref. 4 O 350/02). Finally, vehicle owners can tell if a chestnut, oak or walnut tree bears many fruits. Damages by such are therefore self-inflicted .
- Our service for you
- Put an end to the high contributions of your car insurance.
- Compare fares
Damage caused by chestnuts on the car: Does the car insurance help?
The motor insurance usually does not compensate for damage caused by chestnuts . The comprehensive insurance only pays if it is an unforeseen and sudden event, informs the Gesamtverband der Deutschen Versicherungswirtschaft. Insured persons can only rely on the partial comprehensive insurance if the chestnuts have rained down on the car due to a storm . It must prevail at least wind force 8, so that the insurance einspringt.
Tip: The change of car insurance is now possible. You want to improve the protection of your car insurance? Find a suitable offer with the free rate calculator. As a rule, you can cancel your old contract until 30.11. cancel and switch to the new insurer.
Falling branches and flooding: How is the car insured against storm damage?
In general, insured persons of a car insurance can turn to their partial comprehensive insurance in case of storm or storm damages, thus also for example, if the car was damaged by flood. On the full insurance is in case of damage caused by storm and hurricane, it sometimes pays even at lower wind speeds. However, those who only have liability insurance for their car will be left with the costs . The only exception: If the damage was caused by falling branches or roof tiles, for example, it is possible to claim damages from the landlord or homeowner. If the latter does not fulfill the so-called traffic safety obligation , he must be liable for the damage.
However, proving that, for example, the bricks on the roof before the storm were loose or trees rotten is not always easy and may involve additional costs, such as for experts and lawyers.