Rain slams the windshield. Branches swirl in the wind. Then—crack. A tree drops onto the hood. In that instant, one question takes over: who pays? In storm chaos, calm steps and good information protect the claim. Help from a Bakersfield injury lawyer can make the path more straightforward. Avrek Law Firm steps in fast, lines up evidence, and keeps pressure off a shaken driver.
The Short Answer: Insurance First, Negligence Sometimes
Payment usually starts with the auto policy. Comprehensive coverage pays for “falling objects,” which includes trees and limbs. That applies even while moving. If a property owner ignored a known hazard tree, their insurance may share or cover the loss. City trees follow a similar rule, but notice and maintenance records are crucial. Here’s what victims should know:
- Comprehensive coverage handles storm-thrown trees.
- Deductibles apply.
- Owner negligence can shift part of the bill.
- City claims need proof of notice and time to fix.
Local help matters. Many Bakersfield personal injury lawyers know which records to request and how to show a tree was unsafe before the storm.
Why Weather Crashes Spike, And Why It Matters For Your Claim
Storms raise crash risk. Federal highway data shows about 12% of U.S. crashes are weather-related each year, with more than 3,800 deaths and 268,000 injuries on average.
Most weather crashes happen on wet pavement and during rainfall. Seventy-five percent occur on wet roads, and 47% happen while it’s raining.
California still faces heavy traffic harm, even with progress. State data shows traffic fatalities dropped nearly 11% from 2022 to 2023, down to 4,061.
Why drop these numbers into a tree-on-car story? Because worse weather often means more collisions, more property damage, and tougher reviews. Many claims get scrutinized. Too frequently, insurance adjusters push back when photos, dates, or weather records are missing. A Bakersfield injury lawyer helps gather clean proof before memories fade.
Insurance 101: The Coverages That Matter
Think of the policy like a toolbox. Each tool fixes a different problem:
- Comprehensive coverage: Pays for falling objects, including trees, limbs, and debris. Deductible applies.
- Collision coverage: Pays for damage from impact with another object or vehicle.
- Liability coverage: Pays others if the driver causes damage or injuries.
- Medical payments / PIP: Pays medical bills up to the limit, no matter who caused the crash.
- Uninsured/underinsured motorist: Helps when another driver causes damage without enough coverage.
When a tree strikes the vehicle, comprehensive is usually first in line. If a property owner ignored a decayed tree that leaned over the road, their carrier may owe. That means evidence is everything. An injury lawyer in Bakersfield can compare policy language with real-world facts, like arborist notes or city trimming logs, to push for full payment.
When A Property Owner May Be Responsible
Storms are acts of nature. But not every tree that falls is a pure act of nature. Payment can shift if:
- The owner knew the tree was dead, diseased, or cracking.
- The owner had time to act and did nothing.
- Prior complaints or city notices warned about the hazard.
Public trees create extra steps. Cities often need written notice of a hazard and time to fix it. Deadlines for filing claims can be short. Miss a deadline, and the claim can stall. A Bakersfield personal injury lawyer knows where to look: 311 complaints, trimming schedules, and maintenance logs.
Two tips help here. First, keep calm language. Assigning blame at the scene can backfire. Second, save proof fast. The team at Avrek Law may want photos, fallen-limb measurements, and weather reports from the nearest National Weather Service office.
Do These Steps Right Away
Simple actions protect health, the car, and the claim.
- Move to a safe area. Turn on hazards.
- Call 911 if anyone is hurt. Request a report if property damage is heavy.
- Photograph the scene, tree base, limb break, and road surface.
- Capture street signs, house numbers, and nearby cameras.
- Ask witnesses for a quick voice memo with name and number.
- Note the exact time and weather. Save a screenshot of a weather app.
- Preserve dashcam footage and telematics.
- Get medical care the same day, even for “small” pain.
- Tell the insurer promptly, but stick to facts.
Why so many steps? Storm scenes change fast. Crews clear branches, and proof disappears. A personal injury lawyer in Bakersfield can use those early photos to show how the limb fell, where it struck, and whether tire marks or wet pavement added to the crash.
How Payment Often Breaks Down
Here’s a plain-English view of who pays in common scenarios:
- Healthy tree, big storm, no prior warnings. Comprehensive coverage pays. Deductible applies.
- Dead tree, owner ignored warnings. Owner’s liability coverage may pay all or part.
- City tree with prior complaints. Possible city responsibility, but timing and notice control.
- Chain-reaction crash after the tree falls. A mix of comprehensive, collision, and liability depending on impacts.
- Injuries from broken glass or a sudden stop. Medical payments/PIP and any liable party’s policy may help.
This is where local knowledge helps. Policies, exclusions, and government-claim rules differ. Personal injury lawyers in Bakersfield know filing windows and which records actually move adjusters.
Why Avrek Law Helps In Storm Claims
Storm claims can feel messy. Multiple policies may apply at once. Medical care needs attention while the car sits in a shop. Avrek Law keeps things simple. The team organizes records, requests video, and speaks with carriers so healing stays front and center.
Here’s what that looks like:
- Claim set-up with clean facts and clear damages.
- Early requests for city or county tree service logs.
- Coordination with body shops and medical providers.
- Policy reviews that spot hidden coverage.
- Valuation that includes rental costs and diminished value when allowed.
Maryam Parman founded Avrek Law to remove red tape that blocks fair recovery. The team draws on decades of experience across traffic, rideshare, construction, and medical cases—track record matters. Avrek Law has recovered more than $2 Billion for clients over the years. A Bakersfield personal injury lawyer on this team knows how storm details connect to insurance rules without adding stress.
FAQs That Come Up After A Tree Falls
Will rates go up after a comprehensive claim? Policies vary. Many carriers treat comprehensive differently from at-fault crashes. Ask before filing.
What if the car is totaled? The carrier pays actual cash value, minus the deductible. Bring maintenance records and recent work to support value.
What if a parked car were hit? Comprehensive still applies. Photos help prove how the tree fell and when it happened.
What if a limb caused a crash with another car? Now, liability and collision may join the picture. Avrek’s team can sequence claims so nothing gets missed.
Can health insurance help? Yes. It can pay first, then seek reimbursement from the auto policy later.
Need Help Right Now?
A storm should not wreck finances. If a falling tree damaged the vehicle or caused injuries, local guidance can make a big difference. A Bakersfield injury lawyer through Avrek Law can review coverage, line up records, and push the claim on a steady path. Call 24/7 866-598-5548, fill out the form, or start a live chat for a free case review. A friendly conversation today can bring calm, clarity, and a plan that fits the situation.
