Fallen tree crash: who is at fault
A tree came down onto the road and caused your accident.
A crash caused by a fallen tree or a sudden obstruction can lead to a claim against the body responsible for maintaining that tree or road. This only works if a real failure to look after it can be shown. A tree that fails suddenly in an extreme, unforeseeable storm is a harder case than one that was already visibly rotten or previously reported.
The typical facts in this crash
A tree, branch, or similar obstruction comes down onto the road, often during or after heavy rain or wind. A vehicle then collides with it or swerves to avoid it. Sometimes the obstruction has clearly been there for some time before anyone hits it.
How fault is usually assessed
The question is generally whether the tree’s condition was known, or should have been known. It also asks whether the authority responsible had a reasonable chance to deal with it. A tree with visible rot, previous complaints, or an existing lean is treated differently from one that failed in genuinely severe weather.
The evidence that decides this dispute
- Photographs of the tree’s condition, including any signs of rot, disease, or previous damage.
- Weather records for the time and location of the crash.
- Any earlier complaints or reports made to the local authority about that specific tree.
- The police report’s description of the obstruction and the road at the time.
- Witnesses who saw the tree fall, rather than only the aftermath.
Report the incident within 24 hours and photograph the tree and the road before cleanup crews remove it.[2] The police report after an accident covers what to record.
The deadline point that matters here
Where the claim is against a local authority or another public authority, a shorter 36-month deadline generally applies. This replaces the usual six years for an ordinary injury claim.[1] Claim deadlines you need to know sets out how the different deadlines compare.
What to do at the scene and after
Try to establish which authority was actually responsible for that tree or road. This decides both who the claim is against and the deadline that applies. See who is at fault in a crash for the wider picture.
Do you need a lawyer can help you work through it, and a road accident claim covers the process once liability is clearer.
Common questions
Can I claim if a tree fell on my car during a storm?
It depends on whether the tree's poor condition was already known or should have been noticed and dealt with. A tree that fails suddenly during genuinely extreme weather is a harder claim than one that was already visibly unsafe.
Who would I actually be claiming against?
Usually the local authority or other body responsible for maintaining that tree or road. Establishing exactly who that is should happen early, since it affects both the claim and the deadline that applies.
Why does the deadline matter so much here?
Because a claim against a public authority generally has a much shorter 36-month deadline instead of the usual six years for an ordinary injury claim.[1] Missing it usually bars the claim entirely.
What if there is no record the tree was ever reported as dangerous?
That makes the claim harder but not automatically impossible. Photographs of the tree's actual condition after it fell, such as visible rot, can still support the case even without a prior complaint.
Sources
- Public Authorities Protection Act 1948, s.2(a) (accessed 2026-09-22)
- Road Transport Act 1987, s.52 (Ministry of Transport) (accessed 2026-09-22)