Short answer: if a tree falls on a car, first make the scene safe and document it. A claim depends on why the tree fell, where it stood, who maintained the area and what the evidence shows.
Document the incident first
Do not move the car or remove the tree before taking photographs and video, unless safety requires it. Record the wider scene, all damage, the tree and its condition, nearby landmarks and the address. If appropriate, call the police, emergency services or the property manager; their records may help establish the circumstances.
Preserve evidence of cause and loss
- photographs and video taken before the vehicle is moved;
- witness contacts and statements;
- an incident record prepared by an authorised service, if one was made;
- an expert report or repair-cost assessment;
- vehicle documents and information identifying the location.
Where possible, keep the damaged vehicle available for inspection before repairs. This can reduce disputes about the nature and cost of the damage.
Identify the party responsible for the area
Responsibility is determined by the particular land plot and the duty to maintain it, not simply by the street name. Depending on the location, this may be the landowner, building manager, municipal body or another operator. Records about the plot, previous reports about the tree and the actual maintenance arrangements can matter.
Make a claim and assess litigation
A pre-action claim should normally describe the incident, identify the proposed respondent, state the amount claimed and attach supporting documents. If the claim is rejected or ignored, compensation may be considered by a court. A fallen tree does not automatically establish liability: the court assesses the cause, the respondent’s duties, fault and the evidence of causation.
A Supreme Court case concerning a tree falling on a vehicle considered land maintenance and proof that maintenance duties had not been properly performed. Official court document.
Bring these documents to a consultation
Bring photographs, incident records, the loss assessment, information about the site and all correspondence with the proposed respondent. This makes it possible to assess the evidence and next steps without promising an outcome.