How much to remove a downed tree
How Much Does it Cost to Cut Down a Tree
The average cost for removing a tree is between $500 to $700, but a wide range of factors influence the final price. In this guide, we'll examine the services generally included with a tree removal company as well as the common factors that can affect the ultimate cost of a project.
Trees are beautiful and beneficial, filtering our air and attracting lovely wildlife. Besides bringing sentimental and aesthetic value, they can even increase the monetary value of your property.
But trees are not invincible. Sometimes, they pose a hazard to property or the people on it. Whether one dies, falls in a storm or leans in the wrong direction, it may be time to consider removing the tree before it causes significant damage. Hiring a certified tree removal company to cut down your tree ensures that the process will be safe and efficient. An expert company possesses the right equipment and knowledge to get the job done right.
Jump to:
- What Is Typically Included with Tree Removal Services?
- Which Services Cost Additional Money?
- What Is the Average Cost of Removing a Tree?
- What Factors Affect Tree Removal Cost?
What Is Typically Included With Tree Removal Services?
The exact services included with hiring a tree removal business vary between companies and situations. Typically, for standing tree removal, professionals will bring down the tree to a stump and haul away the trunk. At the least, they often cut the trunk into smaller, more manageable pieces and chip the small limbs and branches. Also included in the price is all the equipment and machinery needed to complete the job.
The basic tree removal fee is worth the investment — often, to take down a standing tree, the contractor will have to climb the tree and attach ropes around the trunk and high limbs.
Once they're near the top of the tree, the contractor will begin cutting it into smaller pieces, working from the top down.
The typical range for tree removal runs anywhere from $150 to $1,500, but many factors affect the final cost. While it's impossible to predict the exact cost of tree removal, here are some average price ranges:
- Up to 30 feet tall — $150-500
- 30-60 feet tall — $200-1,000
- Over 60 feet tall — $1,000-1,500 or more
Keep in mind that these estimates don't factor in extra services like stump grinding, limb chipping or log splitting. Other factors such as the height, species and accessibility of the tree will play into the final cost of the project as well.
Which Tree Services Cost Additional Money?
The basic services of a tree removal company revolve around the fundamental, necessary tasks — taking down and removing the tree. But while this solves your immediate problem, it can leave you with some unwanted loose ends like ugly stumps or leftover limbs.
Often, a tree removal company will offer additional services like stump grinding or limb chipping. Keep in mind that these tasks will add costs to your overall bill, but they may be worth the investment depending on your circumstances.
1. Stump Removal
No one likes a stump. Hazardous, inconvenient and ugly, a tree stump in your yard creates more work in the long run. But stumps are a pain to remove yourself, requiring a considerable investment of time, equipment and hard work — in many ways, taking down a tree is easier than removing its stump. Tree removal companies usually offer stump removal services as well, but because of the work involved, they're almost always tied to an additional fee.
The exact cost of stump removal depends on many factors, such as the trunk diameter and condition. A rotting stump should be easier, and therefore cheaper, to remove than a healthy one. Generally, if the tree was between 25 and 50 feet tall, stump removal will cost an additional $80 to $473.
If your tree was a giant specimen with a massive diameter, the cost to remove the trunk could run upwards of $900 or more.
There are many different ways to remove tree stumps, but many companies offer stump grinding. Grinding down a stump requires specialized equipment, but the process is often less labor-intensive and less expensive than other methods.
2. Limb Chipping
Instead of paying a company to haul off a tree's fallen limbs, you might be interested in taking advantage of the fact that some businesses offer limb chipping services. A wood chipper turns waste wood, like fallen limbs, into eco-friendly mulch. If a company has a wood chipper readily available, disposing of fallen branches shouldn't add much to the final bill. However, if the equipment isn't provided, you might have to contact another company and pay an average of $75 to have your limbs chipped.
Depending on the specific business and the number of limbs you need to be chipped, expect to pay between $50 and $100 for chipping.
While getting branches chipped may add extra fees on the front end, it will minimize the leftover tree waste on your property and produce a usable product.
3. Tree Trunk Removal
At the least, a tree removal company will cut the trunk down into smaller, more manageable sections before leaving your property, making it easier for you to remove the trunk yourself.
Depending on the weight and length of the trunk, removal costs typically run between $50 and $100. Some companies remove the fallen trunk of your tree for no additional cost, but make sure you check with the business before hiring them — not every company will haul off your trunk.
4. Travel Expenses
If you live in a remote area, you might have to factor travel expenses into the cost of removing your tree. In these situations, a tree removal company is often far away from your location. If a business has to travel a significant distance to reach you, they'll probably charge an additional cost and may or may not include drive time in the final bill.
5. Log Splitting
If you have a wood-burning fireplace, you're likely achingly familiar with the chore of log splitting. The wood from a felled tree is a perfect source of winter logs, and some companies will help you get the ideal firewood without the time investment. When a business offers to split your tree's dead wood, it generally adds between $50 and $100 to the final cost of the removal. They'll bring their own log splitter to take care of the wood quickly and efficiently.
If the company doesn't have a log splitter and doesn't offer this service, you'll need to hire a professional wood splitting company, which can charge between $35 and $100 depending on the size of your pieces of wood.
What Is the Average Cost of Removing a Tree?
The type of tree you want removed will affect the cost of removal. Let's look at the common situations that may affect the price of taking a tree off your property.
1. Large Trees
It's often impossible for the average homeowner to safely remove larger-than-normal trees from their property.
The taller and wider the tree, the more risk involved with cutting it down.
Unless you have professional equipment and experience working with tree removal, it's unwise to attempt to cut down a large tree yourself. Additionally, make sure the tree truly needs to be removed before hiring a business to cut it down. Cutting down a large tree generally comes with a significant cost, and less-invasive options such as trimming away dead limbs or treating diseases could cost less than removal.
Removing a large tree could cost upwards of $1,500, and some situations may cost more. Most companies will charge more than average to remove large trees because of the extra work and risk involved — for especially tall trees, workers will have to climb high and rope down the top sections of the tree before cutting it down.
2. Fallen Trees
If a tree has fallen on your property and you just need it to be moved, most companies will charge less than the price of a full removal job.
A fallen tree requires much less work than a standing tree — it doesn't need to be roped, cut or uprooted. You're just paying the removal company to take the dead tree off of your property and deal with its disposal.
Many companies will charge less than $100 to take a fallen tree off your property. The final cost depends on a few factors, including whether you want them to haul the entire tree away or cut the wood into smaller pieces. In general, removing a fallen tree will cost anywhere from $75 to $150.
3. Oak Trees
Oaks are massive and majestic trees, hardy enough to survive for hundreds of years. In many climates, oaks grow tall and dense, with solid root systems and thick wood. But while these characteristics make oaks beautiful and a welcome addition to many properties, it also makes them incredibly time-intensive to remove. Many removal companies will charge more to cut down an oak than they will for other species of trees.
Oak is one of the toughest and strongest woods available, and a healthy oak tree is difficult to remove.
Because of this quality, the average cost range of removing an oak tree is $200 to $1,000.
4. Pine Trees
Unlike oaks, pine trees aren't known for wide trunks or dense wood. However, some species are famous for their incredible heights — it's common for pines to reach 100 feet, and some types soar over 150 feet tall.
While small or young pines are typically easy and inexpensive to remove, tall pine trees can be difficult, frustrating and costly. Removing a pine tree from your property can cost anywhere from $200 to $1,500, depending primarily on the height of the tree. Small pines are typically between 15 and 40 feet high, and they'll be relatively inexpensive to cut down.
5. Tree Branches
Sometimes you don't need an entire tree cut down — you just need a limb or two removed. Often, a tree's branches will begin to tangle with a utility line. If a branch is interfering with power lines, call your local utility company — they should come to your property and remove the limb for free.
If you need limbs removed for different reasons, a tree removal company can trim the branches. Many companies will charge an hourly rate for limb removal, and average costs range between $200 and $300 per hour. If your tree needs several branches removed, it could take multiple hours to complete the job.
What Factors Affect Tree Removal Cost?
Many things determine the final cost of removing a tree from your property. In this section, we'll break down the most common factors that determine the final price of tree removal services: size, condition, diameter and location.
1. Size
The height of a tree will significantly impact the overall cost of the project. For small standing trees like dogwood and cherry, the average removal cost ranges anywhere from $100 to $450 or $500. Medium trees like crabapples grow between 30 and 60 feet tall, and they'll cost a little more to remove — somewhere between $200 and $1,000.
Large or tall trees, like hardy oaks or soaring pines, grow from 60 to 100 feet tall, and they'll almost always cost more to remove than smaller trees.
The average price of removing a large tree ranges from $400 to $1,400, depending on the type and location of the tree.
2. Condition
The condition of your tree will also affect removal costs.
Strong, healthy trees take more effort to remove than dead or rotting trees — they put up more resistance and take longer to cut down. As a result, tree removal companies will charge more for cutting down healthy trees than unhealthy ones. Even if you have a tall oak on your property, if it's decaying, it will cost less than typical oak removal.
3. Diameter
The diameter of a tree's trunk can significantly impact removal costs. Trees with broad trunks typically have dense, thick wood. Not only does it take longer to cut them down, but the wood often weighs more than that of skinnier trees. Consequently, more work is required to safely cut the tree down in a way that doesn't damage the surrounding property.
In theory, you could end up paying more to remove a short, thick tree than a taller and thinner one.
The diameter of a tree will also play into the cost of stump grinding — a thicker trunk means a wider stump that's more difficult to remove.
4. Location
The location and accessibility of a tree also affect the cost of removal. If the tree is close to a structure, it will take more care and effort to remove safely without damaging the surrounding buildings. Similarly, if it's hard to access, whether far off-road in an isolated place or next to other landscaping elements, it will probably be a more expensive removal job.
Tree Trimming Costs
Sometimes all your tree needs is a good trimming. Removing dead and overgrown branches both increases the health of your tree and boosts the curb appeal of your property. The size of the tree will most directly impact the cost of trimming. Larger and taller trees have more branches than shorter ones, and they require more time to prune and trim.
On average, trimming a small tree that's 30 feet tall or shorter will cost somewhere between $75 and $450.
Medium-sized trees typically cost $150 to $875 to trim, and tall trees over 60 feet tall can cost anywhere from $200 to $1,000 to trim thoroughly.
Call Richard's Tree Service
Removing a tree doesn't have to be a hassle. At Richard's Tree Service, we're a team of licensed arborists that have served the Northern Virginia, D.C. and Maryland area for over 20 years. We're dedicated to providing expert service and care — whether you need your tree removed, trimmed or evaluated, our expert technicians are there to help.
Contact us today for a free quote, or call us at 703-454-5179. We look forward to hearing from you!
How Much Does it Cost to Have a Downed Tree Removed
When a storm, age, or decay causes a tree to fall, you need to have it removed quickly. A variety of factors help determine the cost, which is mainly predicated on how difficult the tree removal service expects removal to be.
If there are overhead utility lines near where the tree fell, be sure to call your utility company before having the tree removed.
You don't want to inadvertently cause your entire neighborhood to lose power.
Factors that Determine the Cost of Removal
The tree's height and diameter help determine cost, as does whether the tree was healthy when it fell, as this makes it harder to break up and remove. The greatest cost factor is likely the tree's height, but the trunk's diameter also plays a role. In short, the more tree there is to cut up, the more you can expect to pay.
Try Our Free Fallen Tree Removal Quote Request Tool
Tell us some details about your needs and get connected to pre-screened companies in your area. Compare free price quotes from multiple companies and save time and money instantly! No obligations to hire or purchase ever!
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If the tree was dead or rotting, removal should cost less, as it's easier to break up. If this is the case, make sure you tell each vendor you request a quote from, as it should lead to a lower estimate. Finally, the location of the tree factors into the cost.
The further it is from your home or any other obstacles that make removing it more difficult, the lower the price should be.
You should also call your insurance company and check to see if they will cover the removal and any damage the downed tree caused to your property.
Average Cost for Fallen Tree Removal
Luckily, removing a fallen tree typically costs less than removing one that's still firmly planted in the ground. On average, you can expect to pay between $150 and $600, though hauling the tree away may cost more. If the branches need to be cut away, that may also cost more. The price for stump removal is generally around the same as the cost to remove the tree, between $100 and $200, based on the stump's diameter and the removal method. Costs also vary according to your region, as hourly rates vary widely by location.
Additional Fallen Tree Cost Considerations
When obtaining quotes, make sure you understand what the estimate includes.
Stump removal and hauling are common extra charges.
Try Our Free Fallen Tree Removal Quote Request Tool
Tell us some details about your needs and get connected to pre-screened companies in your area. Compare free price quotes from multiple companies and save time and money instantly! No obligations to hire or purchase ever!
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- Stump removal: Unless a tornado ripped your tree out by the roots, your fallen tree likely left behind a stump. Most removal services charge extra to grind and remove the stump. The two most common price plans are by the inch – around $2 to $3 per inch – or a minimum rate of around $100. If you have multiple stumps you want cleared, expect to pay an hourly rate of around $150 per hour, although some services charge a set fee for the first stump, typically around $150, with a much lower rate of around$50 for each additional stump.
- Limb removal: If the tree was fairly large and needs to be chopped into manageable pieces for removal, there may be an extra fee of around $50.
- Log splitting: If your goal is turning a fallen tree into firewood, you'll pay around $75 for someone to split the logs into firewood.
- Travel: If you live in a remote area, you may have to pay extra for travel costs, which vary widely depending on your general location and how far the service must travel to reach you.
Instructional Video: Cost of Fallen Tree Removal
Below is an fallen tree removal cost guide that will help you determine how much it will cost to remove a fallen tree.
Sources:
- Who Is Responsible for Fallen Tree Removal?
- Are Fallen Trees Covered by Insurance?
Author: Ashley Smith
0016Practical advice
"People can't go outside from their houses.
Trees can fall on you while you're working." Woodman Speights, a firefighter in stormy Mississippi, has extensive experience with chainsaws in harsh conditions. Certain hazardous tasks, such as clearing trees downed by a storm, should only be performed by suitably trained professionals. "I've seen when a storm has done really serious damage," Spates says.
| Woodman Speights |
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| Age: 23 Occupation: Starkville Fire Department Hometown: Ponotok, Mississippi |
Clearing an area that has been blown down by a storm is one of the most dangerous tasks a chainsaw can do. According to statistics, the number of injuries during the clearing of the territory after a storm exceeds the number of injuries directly during it. Woodman Spates and his colleagues at the Starkville Fire Department always have chainsaws on hand to help. During the last task of clearing trees after a storm, the team had to work in an emergency situation: a large oak tree collapsed on a private house.
"We got a call saying that a tree had broken the roof of one of the houses. But before we could get to it, we had to clear the streets of a lot of other fallen trees."
Woodman's team used chainsaws to accomplish this task. The task was challenging, as they had to work with debris and broken wires that pose a fire hazard.
"The most important thing is to always remain calm. If you start to act rashly, you will probably get hurt. And you don't want to get hurt in such a situation," says Spaites.
Thanks to the volunteers who helped remove the cut branches and debris, the first part of the clearing work was completed in 30 minutes. After that, firefighters were able to get to the right house. They found that the crown of a huge tree completely blocked the passage and the family was blocked in one of the bedrooms on the second floor.
"First, we checked to see if there were any live branches in the crown. There were no such branches. Then we started sawing off branches to clear the way for the residents of the house.
"
"The most important thing is to always remain calm. If you start acting rashly, you will probably get hurt."
What advice would you give chainsaw owners about felling downed trees?
"Remember, if you're not sure you can handle a task, don't take it on. If you feel like you don't have the resources, the experience, and the situation isn't urgent, it's best to get the job done by a professional."
7 tips from the pros for clearing trees downed by a storm
| Before starting work |
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Before starting work, be sure to consider escape routes. 1. Choosing the right equipment
Make sure you have the right protective clothing for your chain saw. It is also necessary to regularly check how quickly the protective functions of your equipment work. Carry a first aid kit with you at all times, as well as extra fuel and oil for your vehicles.
Remember, the most important thing you can take with you when you go to work with a chainsaw is a partner. Try never to work alone.
"Usually a team has a foreman who distributes tasks. In addition, volunteers often help us. It is extremely important that all participants have a good conversation before starting work, because then it will be almost impossible to hear anything because of the noise chain saws and ear protectors," Spates explains.
| Storm Forest Equipment |
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2.
Work planning Before starting work on a forest site with trees felled by a storm, you should carefully assess the situation. Are there broken wires or debris in the treetops? Is there stress in the trunks or trees uprooted? You should not start work without looking around properly and without determining the scope of work. It is also extremely important to consider an escape route in case of an emergency.
"The only time it's better to rush when clearing a site is if a tree falls on you. At that point, you just need to throw the saw away and jump back along a pre-planned escape route," comments Spates.
3. Making cuts where stress is present
The most common problem encountered when clearing downed trees is stress in fallen trunks. Stress can cause the tree to move unintentionally during sawing. As a result, springy branches can jump out and injure you, damage equipment, or move the trunk, which in turn can cause the saw to get stuck.
Woodman Spates explains how to deal with stressed fallen trees:
"First, we cut off all the small branches to improve visibility.
Then we cut off the areas of the trunk that have the most weight before moving on to the stressed branches. On the next In this step, we make a small cut on the stressed side to release the tension, and then slowly and carefully make three or four additional small cuts until the tension is completely released. It is extremely important to release the tension slowly and in stages."
This is a dangerous job that only professionals can do.
Overstressed: Pressurized side cut
Cut through the inside of the bend (because this side is under pressure). Make an open guide notch with a wide opening angle. File a little at a time on both sides at the same time until the tension is relieved. With full control of the situation and the right direction, the tension gradually decreases. Handle the rounded top of the tire with care to avoid kickback.
Medium tension: open reverse cut
- Make an open guide notch on the inside of the trunk bend to a depth of approximately one third of its thickness.
- Remaining on the inside of the bend, make small cuts on the outside of the bend at the center of the guide notch until the trunk breaks. fell trees in the correct sequence
Avoid risky actions and always think over escape routes.
Start with taller trees to reduce the risk of falling trunks that can trap you.
The trees shown in the picture should be removed in the following order: 1, 2, 3 and 4.- Leaning tree
- Broken tree, hanging/fallen tree
- Uprooted tree lying on the ground
- Trunk without crown, high stumps
4. Felling a tree with a natural slope
Start with a tree that has a natural slope. The roots of the tree are probably under tension on one side and the position of the tree is unstable. For this reason, in no case should you walk in the felling area. Fell the tree with a safe straight corner cut. On a steep slope, a regular or deep wedge cut should be made.
After that, the tree will begin to slowly fall. In this case, the trunk will be integral with the stump, which reduces the likelihood of splitting or damaging objects in the immediate vicinity. 5. Felling broken trees with hanging crowns
- Saw off the top of the tree first to make the trunk easier to unroll.
- It is necessary to lower the broken part of the barrel using a swivel hook or strap, or to free it using a special technique.
- You can now knock down a tall stump in the normal way. However, it should be remembered that a bare trunk falls faster, can bounce off the butt and roll back in any direction.
6. Handling fallen trees uprooted
Uprooted trees should never be sawn from the butt if there is the slightest danger of the trunk falling towards you. If you need to process the whole tree with a chainsaw, it is better to start from the top. This will relieve tension before you get to the roots. Start by delimbing so you can see if there is tension in the trunk.
Estimate the length of the top of the trunk and cut where it ends. Or saw off the butt of the log in such a way that the roots cannot rebound. After that, use a tractor with a grapple or a winch to tilt back the uprooted tree with a high stump.
Warning . After the trunk has been sawn off, the uprooted tree must not be left upright. If the tree is not completely felled, it could fall on bystanders and cause serious injury or death.
Saw off the roots by hand before the harvesting equipment arrives, only if there is no risk of the uprooted tree turning over. You must be in a safe place in case the barrel falls.
After sawing off the roots, the trunk can move to the side with great force. Therefore, a clear escape route should always be provided. Stand with the root system to your left, and cut the trunk to the right at a distance of about 0.5 m from the starting position. This will protect your legs in case the trunk falls to the side during the sawing process.
7. Felling of broken trees without hanging crowns
Broken trees and high stumps are felled in the usual way - just like normal trees. However, it should be remembered that a bare trunk falls faster, can bounce off the butt and roll back in any direction.
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What to do if a tree falls on a car
Dmitry Sergeev
knows why trees fall
Author profile
Cars get into accidents all the time.
Usually in such situations, drivers call the police, and the insurance company of the culprit compensates for the damage. But sometimes a fallen tree can damage the machine. Not everyone knows where to call in this case, where to look for those responsible and how to compensate for the cost of repairs. I'll tell you about it.
Is it possible to compensate for the damage
It depends on who owned the tree, why and under what circumstances it fell. Most often this is possible, but it will take a lot of time and effort.
The tree fell due to the fault of a specific person. For example, it was damaged by a utility worker while cutting branches, or the tree was intentionally cut down by a neighbor. In this case, it is easiest to recover damages.
Art. 167 of the Criminal Code of the Russian Federation
The police will surely find the culprit. If it turns out that he intentionally damaged the tree and the damage exceeds 2,500 R, a criminal case will be initiated.
Such an offense can be punished with a fine of 40,000 R and even imprisonment for up to 5 years. In this situation, the victim can file a civil claim as soon as the police file a case and the trial begins. Often, the defendant immediately compensates for the damage - in this case, you can drop the claim before the verdict is delivered. The court may recognize damages as a mitigating circumstance and punish the culprit not so severely - for example, replace the real term of imprisonment with a suspended one.
Art. 44 Code of Criminal Procedure
If a tree fell by itself, it is more difficult to repair the damage - it is important to find out the real cause of the incident.
The tree was poorly looked after. For example, it rotted and fell under the weight of snow. The victim will have to prove that the tree belongs to a specific organization that did not take care of it: did not water it, did not cut dead branches, or did not cut it down in time.
It will not be difficult to find those responsible: in the city, administrations, site owners, management companies or homeowners associations are responsible for all green spaces.
According to your application, the police will conduct an inspection and interview employees of the Criminal Code, administration, neighbors and elders in the house. The results of the check will be reported to you, from them it will be clear who owns the tree.
What to do? 07/06/18
A neighbor wants to cut down my tree
It is more difficult to prove that the responsible organization did not take good care of the green spaces. In such situations, you will have to go to court with a civil lawsuit. Most likely, the case will not be limited to one meeting.
A resident of Kazan found himself in a similar situation: his car was damaged by a fallen tree during a hurricane. The owner of the car had to order a dendrological examination.
She confirmed that the management company should have cut down the rotten tree beforehand. But it was possible to recover damages from the culprit only in the Supreme Court. Amazing story 03/12/20
How to sue UK for the cost of repairing a car damaged by hurricane
UK did not cut down a rotten tree when it needed to, and it damaged a car in a parking lot during a hurricane. Photo: Juliet_summertime / ShutterstockForce majeure has occurred. Sometimes a healthy tree falls due to force majeure: a terrorist attack, war, flood, earthquake or hurricane. A person cannot influence these circumstances, so it will not be possible to compensate for the damage.
item 2 art. 1064 of the Civil Code of the Russian Federation
Most likely, the police will record the damage to the car, but if the trees in the whole city were really downed by a hurricane or flood, the responsible organization will prove it in court.
What to do first
In any such situation, the police should be called. It is enough to dial 102 or 112 and report that the tree has fallen and damaged the car. The operator will decide which police unit to send to you.
Then everything depends on the circumstances.
A tree fell on a parked car. This case is not an accident. If only the car was damaged, law enforcement officers can not be called, the law does not require this. But you don't know for sure why the tree fell. Even if it was broken by a strong wind, the reason may be in diseased roots and rot that the public utilities did not notice. To compensate for the losses, you will have to find out who was responsible for the tree, on whose land it stood and why it fell. Therefore, you need to call the police and file a complaint when they arrive.
/mirror/
What to do if the car is scratched in the parking lot
A tree damaged the car in the parking lot - this is not an accident, as the car was standing still.
Photo: Dmitry Markov152 / Shutterstock A tree fell while you were driving. This is an accident: you need to stop, turn on the emergency gang, set an emergency stop sign and not move objects that are associated with the incident.
Sec. 2.5 of the SDA
Victims must be given first aid, and in emergency situations, they must be taken to the hospital on their own or by passing transport. After that, return to the scene of the accident.
If the car interferes with traffic, it can be removed from the roadway. First, you need to record everything that relates to the accident on the camera and try to record the data of witnesses.
A tree hangs over the road and may fall on passing carsIf people were injured in an accident, you are required by law to call the police. It is impossible to leave the scene of the incident, for this they can be deprived of their rights for up to 1.5 years or arrested for 15 days.
Part 2 12.27 Administrative Code
clause 2.
6.1 SDA RF Decree of the Supreme Court of the Russian Federation dated 08.11.2018 No. 18-AD18-59
There is a caveat: only the car often suffers in such accidents. In such a situation, the driver may leave the scene of the accident and not report to the police.
Here is an example from the court: in Krasnodar, a car went off the road and overturned. The driver left the scene of the accident, later the traffic police accused him of this, and the court deprived him of his license for a year. The Supreme Court sided with the driver: since there was only one participant in the accident and no one was injured, he could not call the police and wait for her on the spot. The driver retained his license.
The police should be called regardless of the circumstances in order to record the very fact of the incident. Any document issued by the police will prove that the tree actually fell and damaged the car.
/prava/road-accident/
Rights if you get into an accident
What documents can police officers issue
In the event of an accident, inspectors will record the circumstances in the accident scheme, the decision on the case of an administrative offense or in the ruling on the refusal to initiate it .
The protocol may not be drawn up: it is drawn up when there is an administrative offense on the part of a particular person. If another driver drove into the tree and it damaged your car, they will draw up a report, but if the tree fell by itself, they will issue a decision to refuse to initiate proceedings. p. 273-279 of the Administrative Regulations for Supervision of Compliance with Traffic Rules
The most important document is a statement to the police. It must be filed in all cases: both when the car was just standing, and in case of an accident.
In your application, indicate that the fallen tree damaged the car and the amount of damage to you is significant. Ask to find out the reason and bring the perpetrators to justice.
The police officer on duty will give you a notification voucher - he confirms that there really was a call to the police. Your application will be checked within 30 days.
/police/
How to contact the police
The notification slip confirms that the police have accepted and registered your application.
Source: base.garant.ru As a result of the check, the police can:
- initiate a criminal or administrative case if someone's intent is established: for example, if the recording from surveillance cameras shows that someone secretly cut down a tree;
- Do not initiate proceedings if there are no signs of a crime or wrongdoing. A tree may fall by accident, but through the fault of a particular person. If the culprit did not have malicious intent, he will not be brought to administrative or criminal liability, but he will have to compensate for the damage.
st. 165 of the Criminal Code of the Russian Federation
art. 7.17 Administrative Code of the Russian Federation
Art. 1064 of the Civil Code of the Russian Federation
Based on the results of the check, you will be sent a response - it will confirm that there was an incident and the car was damaged. This document can be used as evidence if you decide to recover damages in court - for example, hold city authorities accountable for poor maintenance of green spaces.
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How to collect evidence to recover damages
If the police check shows that the tree was not intentionally damaged, you will have to pay damages through the courts. The person to whom it belongs will be responsible, for example, the management company or the owner of the site.
In court, the defendant will try to prove that the tree fell due to insurmountable circumstances and that this is not his fault. Sometimes the courts believe such arguments and make a decision not in favor of the victim.
In order for the court to take your side, you will need to collect as much evidence as possible. With them, you can convince the court that the tree did not fall on its own, but due to an oversight by responsible persons. What do I need to do?
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How to file a lawsuit
Record the time of the incident.
You can interview witnesses or remember when the car alarm went off. Collect witness data. They can be any people who saw the tree fall or its consequences: friends, relatives, neighbors and bystanders.
Specify exact location of machine and tree. The police usually help with this: employees on the spot measure the distance from the car and the tree to fixed landmarks - for example, the walls of a house or road signs. This is how it is determined on whose territory the tree was located, and it will become clear who should compensate for the damage.
A tree fell on a car near the house - this area can be served by the management company. Photo: Juris Teivans / ShutterstockHere is an example from court practice. In Voronezh, a tree fell on a car, which was located on municipal land. In court, a representative of the municipality stated that this territory was serviced by a management company. Then the court ordered a land surveyor's examination.
The defendant did not want to pay for it, so the court relied on the police act from the place of the fall. According to it, the tree stood 5.7 meters from the house. According to the cadastral plan, this adjacent territory did not belong to the Criminal Code, and the owner of the car charged 96 608 R from the municipality. Decision of the Voronezh District Court No. 2-1483/2019
State the reason for the incident. If you think that the tree was damaged or damaged by someone, please indicate your considerations in the application. For example, like this: “The tree has been drying up for the past few years, there were almost no leaves on it. The branches are dry. The trunk rotted at the point of breaking, breaks with fingers.
Fix damage to the car. It is enough to list visible external damage on the application, such as a crumpled roof, broken glass and scratches. Be sure to indicate that there may be hidden damage.
Film the scene of the incident.
Video and photographs must show the situation as it is. Sometimes the owners remove branches, trunk, and leaves from the car so that the damage to the car can be seen. This is dangerous: in court, the defendant will rely on such photos and claim that if there is no tree in the pictures, then it did not fall on the car at all. Community 07.09.21
How to film offenses on video and not break the law?
Once you start recording the video, clearly state the date and location of the shoot, identify yourself, and explain what you are filming. Comment aloud on everything that falls into the frame: dry branches, a rotten trunk, house numbers and street names.
Because of the tree, the damage to the car is not visible, but such photos are important for the court. You can photograph the damage later. Photo: Juris Teivans / ShutterstockCall interested parties on site. They may be representatives of the UK, HOA, city administration or organization near which the tree fell.
If they are present at the scene at the moment when the police draw up documents, they can leave their comments in these documents, the absence of such comments will mean that they agree with everything. Community 01/06/21
An icicle fell on the car. Who will pay for this?
The phone numbers of the Criminal Code and the HOA can be found on the bulletin board near the entrance or ask passers-by. You can invite representatives of the city administration to the place through the 112 service operator when you call the police. You can call employees of a nearby organization through security.
Request video recordings from surveillance cameras. It’s not a fact that they will provide you with them: if other people got into the frame, their permission will be required - otherwise there is a risk of getting a criminal case for violating privacy. But police officers have the right to get acquainted with the video footage, conducting a check on your application, and seize video footage if they need to be attached to the materials of a criminal or administrative case.
Art. 137 of the Criminal Code of the Russian Federation
How to assess the damage to a car
To estimate the cost of repairing a car, an independent examination will be required. The expert will inspect the car and calculate how much money is needed for restoration. The cost of the examination itself depends on many factors and starts from 1000-1500 R, but this money can be included in the amount of claims.
During the inspection, the specialist must examine the visible and hidden damage to the car and fix the process on the photo. The result of the assessment is a conclusion on the cost of restoring a vehicle, based on the average cost of labor and spare parts in your region.
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Independent expertise is a popular service, experts are easy to find on free bulletin boards. Source: uslugi.yandex.ruHow to recover damages from the perpetrator
Send a pre-trial claim.
This is a way to resolve a dispute peacefully. It will work if the person responsible for the tree understands his guilt, wants to avoid a trial and is ready to pay money to the victim. Sometimes it happens. Here is what is important to indicate in the text of the claim: - Addressee - the owner of the site or the organization that was supposed to look after the tree.
- Sender's data - without them, the claim will not be considered.
- Brief description of the situation - you can briefly explain that a tree fell on the machine and this caused material damage.
- Justification - a document that confirms the damage. For example, the opinion of an independent expert.
- Claim - the amount you propose to transfer as compensation to your account.
- Deadline - the date until which you are ready to wait for the money.
- Your intention to go to court if the claim is not satisfied.
The claim must be sent to the addressee by registered mail with acknowledgment of receipt.
Keep a copy of the claim and the postal receipt: if you go to court, they will confirm that you tried to resolve the issue amicably. If you are refused or do not receive an answer within a month, you can file a lawsuit in court.
Go to court. You can draw up a claim yourself or seek help from a lawyer, and include the cost of his services in the amount of claims. There are sample applications with already written references to laws - do not forget to double-check their relevance.
8 services that will help you file a lawsuit without a lawyer
You need to apply to the court at the location of the defendant. If the amount of the claim exceeds 50,000 R, the claim will be considered by the district court, if less, the justice of the peace of a particular judicial district. The amount of damage will be indicated in the opinion of an independent expert.
The claim must be accompanied by all the evidence that you have collected, a copy of documents from the police, a conclusion on the cost of repairs and receipts that confirm your expenses - for example, to evacuate a damaged car and pay for an examination.
One copy of the claim with all attachments must be sent to the defendant, the other must be submitted to the court. It is difficult to predict the outcome of the trial, the decision may not be in your favor. Much will depend on the circumstances of the incident, the evidence you provide, as well as the professionalism of your lawyer.
Will the insurance cover the damage? Such a policy does not insure either you or your car; it will not be possible to compensate for damage if a tree fell on your car.
Casco covers losses from one or more types of risks. The insurance company will indemnify for damage from a fallen tree if such a risk is specified in the insurance contract. In this case, you will not have to go to court: the insurer will immediately pay you compensation, and then he will demand money from the culprit.
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How Casco works
What is the result
- It is possible to compensate for damage caused by a fallen tree.
