If a tree belonging to the town council falls on my car, who pays?

Question

José Manuel Alburquerque · Accepted Answer

It depends on why it fell. If it was due to lack of care, because the tree was diseased, hollow or badly pruned, the town council pays, with a time limit of one year from the fall to claim against it. If it was brought down by an extraordinary wind, with gusts of more than 120 km/h, the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund, pays, provided that the car has at least compulsory motor insurance in force. If the wind was not extraordinary, claim against the town council anyway, even if you cannot prove that the tree was in poor condition, because it can only escape liability by proving force majeure. If it still does not pay you, you can fall back on your own insurance, if it covers that damage. If the tree was in poor condition The town council must look after the trees in streets and parks. If the tree or branch fell because it was rotten, hollow, leaning or unpruned, the town council is liable under the “responsabilidad patrimonial” of the public authorities, which is their obligation to compensate for damage caused by their services. If the tree was next to a road, the owner of that road, which may be the State, the Generalitat de Catalunya (the Catalan government), a provincial council or the town council itself, is normally liable. The town council may argue that the fall was due to force majeure, that is, an extraordinary event that could not have been avoided, but it is the town council that has to prove it. A strong wind, if it is common in the area, is not usually considered force majeure. Nor does the wind release the council from liability if the tree was already diseased. That is why it is worth proving the condition the tree was in, although it is not always necessary. In 2022, a Barcelona court ordered a town council to pay for the damage to a car on which a branch fell on a day with gusts of around 41 km/h. It pointed out that only force majeure releases the town council from liability and that this wind did not amount to it. If the tree belonged to a private individual or to an owners' association, for example in a garden next to the street, its owner is liable unless there was force majeure. The claim is made under civil law, with a time limit of three years if it happened in Catalonia. Before suing the owner you must try to reach an agreement. If it is not clear whether the tree belonged to the town council or to a private individual, claim in writing against both within the year. If there was an extraordinary wind Winds with gusts of more than 120 km/h and tornadoes are extraordinary risks, which are paid for by the Consorcio. For a car, it is enough for it to have compulsory motor insurance in force, even without fully comprehensive cover. In that case, the Consorcio pays you at most what the car was worth immediately before, at market prices. The Consorcio's official clause also states that no excess is deducted for insured cars. If the car did not have insurance in force, the Consorcio does not pay. To claim from it, call 900 222 665 or go to consorseguros.es. Do not repair the car until the Consorcio's loss adjuster has seen it and, if you cannot wait, keep photos and invoices. If the gusts did not exceed 120 km/h, the Consorcio does not pay. You are then left with claiming against the town council, for which it is worth proving the poor condition of the tree, or using your own policy if it covers damage to the car. The evidence Photos of the tree or branch, especially of the trunk or the point where it broke, in case they show that it was rotten or hollow. Photos of the car and the street, with the exact address. The witnesses' details and the call to the local police or the fire brigade, who keep a record of what happened. The wind data for that day. You can ask the “Agencia Estatal de Meteorología”, Spain's state weather agency, for a certificate from the nearest weather station. If residents had warned the town council about the poor condition of the tree, proof of those warnings.