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Autumn time is chestnut time. If the fruit falls from the tree, there is a risk of unsightly dents. A case for the insurance company – or not?
For many, autumn is one of the most beautiful seasons ever. The heat of summer has passed and the leaves are turning reddish brown. However, autumn brings with it some challenges for drivers, such as falling chestnuts. These can leave unsightly dents and scratches on the body. But who pays for this damage?
Verdict confirmed: Chestnut damage to the car is a risk to life
In principle, such damage counts as a general risk to life. This means that neither municipalities nor private tree owners are liable if chestnuts fall from a tree onto a car. This is also confirmed by a ruling by the Hamm Higher Regional Court (9 U 219/08). Warning signs are also not necessary, as can be seen from a ruling by the Aachen Regional Court (4 O 350/02). Drivers should be aware that parking under chestnut trees is at their own risk.
In autumn, drivers should think carefully about whether they want to park under a chestnut tree. © Panthermedia/Imago
“Even your own partial vehicle insurance doesn’t cover this,” emphasizes Roland Richter, traffic expert at R+V Insurance. Fully comprehensive insurance, however, covers any damage to the car. “But in most cases it’s not worth taking advantage of.” The reason: the no-claims bonus is downgraded in this case. In addition, a deductible is due.
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Insurance is only liable for chestnut damage to the car during a storm
Things look a little different if the damage occurred during stormy weather. However, the wind force must be at least eight, so the partial comprehensive insurance is only liable if a chestnut falls on the car. “In the event of a partial comprehensive claim, the no-claims bonus will not be downgraded. “In addition, many insured people here have a low or no deductible,” emphasizes Richter. If an entire branch breaks off, the tree owners are liable. They must ensure that their tree does not pose any danger.
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Information about whether a storm was present at a particular time and location can only be provided by the Weather Service. Short reports, which can be submitted to the insurance company, are subject to a fee and cost around 150 euros.
