Fallen tree on a car – 2500 leva for a 25-year-old car

What happens when you wake up on a normal day and see a tree fallen on your car?

Lately, we often hear about reports to emergency teams about fallen branches and trees, as a result of heavy rain or strong winds. A similar case is the case of our client, the owner of an Audi car, who suffered property damage as a result of a dead and fallen tree on his car in close proximity to a busy metropolitan boulevard.

Who is responsible?

According to The regulation for the construction, maintenance and protection of the green system on the territory of Sofia Municipality, the cutting down or uprooting of long-lived trees and shrubs is prohibited, regardless of their ownership. However, as an exception In the presence of dried and diseased trees, as well as those that threaten the security of citizens and their safety, the Sofia Municipality is responsible for removing this vegetation.

What to do if we suffer damage from woody vegetation?

Despite the weather conditions, the Municipality as a legal entity is obliged to monitor the presence of diseased and dried trees that pose a danger. This is done through the employees of the respective municipality, who are obliged to fulfill their duty, namely to maintain the vegetation in a condition that does not cause any harmful effects. In the present case, the employees are were obliged and could have foreseen and prevented the consequences from occurring from the tree falling, fulfilling their duty to remove any potentially dangerous tree.

In this sense, the Decision rendered in our favor is of Sofia District Court No. 6462 of 21.01.2022, condemning the Sofia Municipality to pay compensation for property damage caused by a dead tree falling on a passenger car. The compensation was paid at average market prices for the car, with the damage being determined as "total".

If you have suffered any form of damage from the municipality's inaction in the last 5 years, you can contact us for assistance.

Author: Aniniya Nenkova

Editor: Georgi Georgiev