If you’ve been involved in a tree car crash in Florida, you may be eligible to file an insurance claim, depending on the circumstances of the accident. You can file a claim if a tree causes a car crash in Florida. Filing an insurance claim will depend on the cause of your accident and the actions of another person or entity. Since Florida is a no-fault state, its mandatory PIP protection could compensate you for some accident-related expenses and losses.
AFort Myers car accident lawyer can help you understand your options for financial recovery. They can also help you meet all applicable notification and filing deadlines, deal with the insurance company, and negotiate a fair and acceptable settlement on your behalf.
Who Is Responsible if a Tree Falls on My Car?
In most cases of single-car accidents, when a car hits an object like a tree, the cause is attributed to driver error. Often, the driver is:
- Swerving to avoid a pothole, object, or debris
- Swerving to avoid hitting another vehicle
- Out of control due to severe weather conditions
If this were the case, your insurance company would cover the crash under your personal injury protection (PIP) policy and yourcollision coverage if you have it.
In tree car crashesh situations, documenting the weather conditions and road conditions becomes essential. Your lawyer may use dashcam footage, local weather reports, and witness statements to demonstrate that external factors played a role. This may protect you from being unjustly labeled at fault.
Another Party Could Be Liable in a Tree Car Crash in Florida
Sometimes, you could recover damages from a third party, even in a single-car accident. You could have a valid claim if the accident’s cause were a dangerous pothole, improper road maintenance, or a tree on private land that was a known hazard that fell onto your car.
You could also have a third-party claim if another driver’s negligence caused you to hit the tree or hit your car and force it into a tree.
For example, if a neighbor failed to trim a dead tree near a roadway despite repeated warnings, and the tree collapsed during a storm, they may be held liable for the resulting crash. Similarly, if a local government failed to maintain vegetation near a public road, it could also be at fault.
Establishing third-party liability often requires a thorough investigation. Your attorney can secure arborist reports, maintenance logs, and prior complaints about the dangerous tree or roadway condition. This level of documentation helps establish negligence or foreseeability, both of which are key factors in liability cases.
The Benefits of PIP and MedPay in Florida Tree Car Crash Claims
Personal injury protection (PIP) will cover up to 80% of your medical bills and up to 60% of your lost wages for an accident, regardless of who was at fault. Additionally,MedPay is an optional insurance product that may also cover some medical expenses.
AFort Myers personal injury lawyer can clarify your options in Florida (a no-fault state) and help you achieve the best possible financial outcome.
It’s also worth noting that PIP benefits can extend to pedestrians and bicyclists who are struck by a vehicle. If you swerved into a tree while avoiding another car that nearly hit you as a pedestrian or cyclist, your PIP policy could still provide partial compensation.
Additionally, your health insurance may cover costs that exceed PIP or MedPay limits. An experienced attorney can coordinate these overlapping policies to reduce your out-of-pocket expenses.
Circumstances When Insurance Will Not Cover a Tree Falling on a Car
What happens if a tree falls on your car will determine whether the damage gets covered by insurance. Your insurer might deny coverage if you intentionally hit a tree or were racing your car (alone or against another car).
Other scenarios that may lead to denial of coverage include driving under the influence, using your vehicle for criminal activity, or if your policy was inactive at the time of the crash.
Even if the tree falls during a storm, the question of foreseeability becomes relevant. If a known decaying tree on someone’s property falls during mild weather, insurers may be more likely to consider liability than in the case of hurricane-force winds.
The Role of Property Ownership in Tree Car Crash Claims
In Florida, identifying who owns the tree is essential. Trees located on public land are the responsibility of city or county governments. Trees on private land are the responsibility of the homeowner or property manager.
If the tree that caused the crash stood near a sidewalk or road and crossed into utility lines, even utility companies may be partially liable, particularly if they failed to prune or inspect the area after complaints.
Government claims, however, involve special procedures. A notice of claim must often be filed within a short period, and sovereign immunity may limit recoverable damages. Legal guidance is vital when navigating claims against municipalities.
Documentation to Strengthen Your Tree Car Crash Case
To file a strong claim involving a tree-related crash, gather the following:
- Photos of the accident scene and the fallen tree
- Dashcam or traffic camera footage, if available
- Contact information of eyewitnesses
- Weather reports for the time of the incident
- Maintenance records if public land is involved
- Insurance policy documents
- Medical records of injuries that occurred
Your attorney can analyze this evidence and consult relevant experts, such as arborists or engineers, to support the technical aspects of your tree car crash case.
Why Choose Wolf & Pravato for Your Tree Car Crash Case?
At the Law Offices of Wolf & Pravato, we bring decades of experience and a record of multi-million-dollar verdicts to every case. We are committed to fighting for Florida drivers injured in unusual or complex accidents, including those caused by trees, falling debris, or poor road conditions.
Our results include:
- $5.25 million truck accident recovery
- $3.85 million settlement for a rollover caused by a road hazard
- $2 million pedestrian accident claim
We understand the nuances of third-party liability and PIP navigation in Florida. Our legal team will investigate, document, and litigate aggressively if needed, so you do not have to deal with insurers alone.
We also work on a contingency fee basis, which means you pay no upfront costs. Our fee only applies if we win compensation for you.
Call Us to Reach a Car Accident Team Member Now
You can file a claim if a tree causes a car crash in Florida, but you do not have to do so without legal guidance and support. Our Fort Myers car accident lawyers can help you file a comprehensive insurance claim and negotiate the best possible financial settlement. Call us now at 844-643-7200 for a free consultation!
Learn more about when to pursue damages from your insurance company or file a third-party claim in tree car crash. Contact our team at the Law Offices of Wolf & Pravato today.