If a car is damaged by a falling tree, does the insurance company have to pay compensation?

A car being damaged by a falling tree is an undesirable situation but can happen. The issue of compensation in this case depends on the type of insurance the car owner has participated in. This article will analyze types of motor vehicle insurance, compensation conditions, principles of compensation and consulting services related to the problem of cars damaged by a falling tree.

Types of insurance that motor vehicle owners can participate in

Car owners in Vietnam can participate in many different types of insurance to protect their assets and liabilities. According to the type of service contract specified in section 9, Civil Code 2015, the main types of insurance include:

• Compulsory civil liability insurance for motor vehicle owners;
• Car material insurance;
• Accident insurance for people sitting in the car;
• Voluntary civil liability insurance;
• Cargo civil liability insurance;

Compulsory civil liability insurance is a type of insurance that every car owner must participate in according to the law. Other types of insurance are voluntary, depending on the needs and financial capabilities of the car owner.

Each type of insurance has different coverage and benefits. For example, car physical insurance protects the car’s body and machinery from damage caused by collisions, accidents, theft, fire, explosion, and natural disasters. Meanwhile, vehicle occupant accident insurance pays compensation for damage to the health and body of the insured person caused by an accident.

When will I be compensated for the cost of a car damaged by a falling tree?

In case a car is damaged by a falling tree, it is considered a force majeure event due to a natural disaster. Compensation for damage in this situation depends on the type of insurance the car owner has participated in:

• Car physical insurance: This is the main type of insurance that can pay compensation in case the car is crushed by a falling tree. If the car owner has purchased vehicle physical insurance and this event is within the scope of insurance and does not fall under the exclusions, the insurance company will be responsible for compensation.
• Compulsory civil liability insurance: This type of insurance does not include compensation for damage to the vehicle itself due to falling trees. It only protects the vehicle owner’s liability towards third parties.
• Other types of insurance: Usually does not include compensation for this case.

Car owners need to note some important points:

• Carefully check your insurance contract to determine if a falling tree event is covered.
• In case of parking in a prohibited area, compensation may be denied, even if physical insurance has been purchased.
• It is necessary to immediately notify the insurance company when an incident occurs to receive specific procedural instructions.

Principles of compensation for damage in vehicle insurance

Pursuant to Article 585 of the Civil Code 2015, the principles of compensation for damages are stipulated as follows:

• Actual damages must be fully and promptly compensated. The parties can agree on the level of compensation, the form of compensation in money, in kind or performance of a job, and the method of compensation once or many times, unless otherwise prescribed by law.
• The person responsible for compensation may have the compensation amount reduced if he or she is not at fault or has an unintentional error and the damage is too great compared to his or her economic capacity.
• When the compensation level is no longer consistent with reality, the injured party or the party causing the damage has the right to request the Court or other competent state agency to change the compensation level.
• When the injured party is at fault in causing the damage, he or she cannot compensate for the damage caused by his or her fault.
• The party whose rights or interests are violated will not be compensated if the damage occurs due to not applying necessary and reasonable measures to prevent and limit damage to themselves.

Compensation for damage in motor vehicle insurance also follows some of the above basic principles, which are specifically specified as follows:

• Scope of insurance: Only damages within the scope of insurance specified in the contract will be considered for compensation. In the case of a falling tree, it is usually covered by vehicle physical insurance.
• Level of damage: The insurance company will evaluate the level of damage to the vehicle to determine the reasonable repair cost. This assessment is usually performed by technical experts.
• Limit of liability: The compensation amount does not exceed the insurance liability limit agreed in the contract. For vehicle physical insurance, it is usually the actual value of the vehicle at the time the damage occurs.
• Deductible: Some insurance contracts have regulations on deductibles, which is the amount of damage that the car owner must bear before being compensated.
• Claim deadline: Car owners need to comply with the claim deadline specified in the contract, usually within 1 year from the date of the insurance event.
• Obligations of the car owner: The car owner is responsible for promptly notifying the insurance company, providing complete compensation claim documents and cooperating in the damage assessment process.

The insurance company is responsible for coordinating with the insurance buyer to collect complete compensation documents and is responsible for the accuracy and legality of those documents.

Consulting service on compensation for damage when a car is damaged by a falling tree

A car damaged by a falling tree is a complicated situation that requires proper insurance handling. Customers need to clearly understand insurance benefits, follow the steps to claim compensation and promptly contact the insurance company. When encountering a situation where a car is damaged by a falling tree, the car owner can come to us for advice. The scope of advice includes:

• Analyze the situation, determine the error causing the damage;
• Review insurance contracts, advise on the applicability of compensation provisions for customers;
• Determine the level of compensation for customers;
• Representing customers working with insurance units;
• Advise on solutions when disputes arise.

Car owners should note: Record full information about the incident, take photos of the scene, immediately contact the insurance company for instructions, collect all documents related to vehicle repair and do not attempt to repair the vehicle yourself. attempt to repair the vehicle without consulting the insurance company. The Civil Code 2015 regulates the liability to compensate for non-contractual damages, which can be applied in cases where a tree falls on a car due to management errors by the authorities.

However, proving liability in the event of a storm, flood, etc. causing damage to a car by a falling tree is often complicated and requires expert assistance. For detailed advice on motor vehicle insurance and compensation process, please contact Long Phan via Hotline: 0906735386. We are ready to support you in all situations.