When a Tree Falls on a Car, Who's Liable? Exploring Subrogation When Objects Crash Down
It’s a call insurance professionals know all too well:
“A tree just fell on my car!”
When disaster literally falls from above, one of the first questions asked is: Who’s responsible? That’s where subrogation comes in—and it’s not always as straightforward as it seems.
In this Weltman Insight Attorney Michael Chapman and Shareholder Tiffani Palmer will walk you through the essentials of investigating and pursuing subrogation when a tree, utility pole, or other object topples onto a vehicle. While we’re not addressing damages here, our focus is on liability: who might be at fault and how to prove it.
The Legal Landscape: Who’s to Blame When Nature Strikes?
Under the Restatement (Second) of Torts, there's generally no liability between private landowners for damages caused by natural conditions—like a tree falling due to decay or age.
But that’s not the whole story.
Modern courts are more inclined to hold property owners accountable if a tree is clearly hazardous or if there’s evidence they knew or should have known it posed a risk. If the tree was obviously dead, diseased, or leaning dangerously, there may be a case for negligence.
The Core of the Case: Proving Negligence
To establish liability through negligence, claimants must show:
- The property owner had notice—actual or constructive—of the tree’s dangerous condition.
- The owner failed to act, despite having a duty to address the hazard.
- That failure directly caused damage.
Sounds simple? It rarely is.
Even though a tree fell, that alone doesn’t prove negligence. Res Ipsa Loquitur—the doctrine that “the thing speaks for itself”—might be cited, but it’s rarely enough on its own. A full investigation is key.
Common Defenses
- Act of God: The tree owner may claim a severe storm or other unforeseeable natural event caused the fall.
- Contributory Negligence: Maybe the vehicle owner parked under a clearly dangerous tree despite knowing the risks.
- Governmental Immunity: If the tree was on public property, sovereign immunity might block claims.
Investigating the Scene: The Three Essential Steps
STEP ONE: Identify the Hazard
What actually caused the fall? Was the tree rotting? Was the utility pole damaged by city maintenance?
Take photos of everything—up close and wide shots.
STEP TWO: Identify the Owner
Use county records (Auditor, Recorder, GIS maps) and online tools (Google, Utility Commission websites) to track down the responsible party.
Document the exact location and take a picture showing it.
STEP THREE: Send a Legal Notice
A preservation of evidence letter should be sent immediately to ensure potential defendants don’t destroy critical evidence.
Real-World Example
In one case, a claimant heard a tree crashing down while driving uphill. The tree struck a utility pole, which then fell onto the car. Witnesses reported they had called the utility company three weeks prior about the damaged, leaning pole after city maintenance activity in the area.
This is the kind of lead you can’t afford to ignore. It may prove prior notice—key in establishing negligence.
Bringing in the Experts
Often, expert testimony is needed to show the tree or structure posed a known risk. Consider bringing in:
- ISA Certified Consulting Arborists – for insight on tree health and care.
- Utility Structure Experts – familiar with the National Electrical Safety Code (NESC) and capable of evaluating pole maintenance failures.
Subrogation claims involving fallen trees and utility poles can be complex—but with a sharp eye and thorough investigation, they’re far from impossible. Don’t assume nature alone is to blame. Sometimes, negligence is rooted just beneath the surface.
If you have questions on this topic or would like to learn more about Weltman’s subrogation solutions, connect with Michael or Tiffani at any time.
If you have questions on this topic or would like to learn more about Weltman’s subrogation solutions, connect with Michael or Tiffani at any time.
This blog is not a solicitation for business, and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
