Car Owners May Claim Compensation for Tree-Fall Damage Even Without Comprehensive Insurance—If Wind Speed Was Below 25 m/s

Fallen tree on your car? Here's how to claim compensation without insurance

Drivers whose vehicles were damaged by falling trees may be eligible for compensation even without comprehensive (CASCO) insurance, provided they can prove that wind speeds at the time of the incident did not exceed 25 meters per second, Yevgeny Masharov, a member of the Civic Chamber's commission on public expert review of draft laws, told TASS.

"Car owners will need to file a lawsuit," Masharov noted. Beyond repair costs, they may also recover expenses for dendrological expertise (to determine the cause of the tree's fall), towing, legal services, and court fees.

"Moreover, if sufficient evidence is presented, the claim can also include compensation for emotional distress—though this will require medical records documenting stress or anxiety treatment sought by the owner after the incident," the Civic Chamber member added.

According to Masharov, court rulings in such cases predominantly favor car owners. He clarified that this position is based on rulings by Russia's Supreme Court, which holds that wind gusts below 25 m/s do not qualify as hazardous natural phenomena or force majeure.

The expert outlined a standard procedure for such situations: call the police to document the fallen tree and vehicle damage, take photographs, identify the property owner, assess the damage, and submit a formal claim. "If a tree falls in a residential parking area, the management company is usually responsible; if on a highway, the road service is liable. In other cases, responsibility may fall on the owners of the land—whether regional authorities, municipalities, or commercial entities," Masharov specified. If no response is received within 30 days, the owner may take the matter to court.

Key documents required for the lawsuit include the police inspection report, a weather report from Roshydromet, a damage assessment, and proof of land ownership. Additional evidence may include dendrological expert findings and postal receipts confirming an attempt to resolve the dispute out of court.