Rain damages: Vehicle owners can claim for damages from agencies if...

Bengaluru, NT Bureau: Can Bengalureans claim for damages if a tree or branch falls on your car or twowheeler in the heavy rains and gusty winds the city witnessed in the past few days?

Sunday’s deluge which also saw the wettest June day in more than a hundred years, triggered the collapse of 206 trees.

A few of them fell on cars and other vehicles and now the owners are wondering if they are eligible for insurance relief. There are incidentally three types of policies for four-wheelers - third party liabilities, own-damage and a comprehensive policy.

Usually, a comprehensive car insurance plan covers damages occured during calamities like earthquakes, flooding and other natural disasters.

When it comes to trees, one needs to tread carefully, as they are present on both private and public property. Clause 122 of the Motor Vehicles Act of 1988 deems parking on public places which causes obstruction to others, as illegal.

However, a lot of cars are seen parked in such conditions. According to ‘Insurance Dekho,’ a digital insurance advisor, a tree falling on one’s car in one's own property cannot be eligible for insurance claims due to premise liability.

Trees on one's property have to be maintained by the owner. However, if a tree maintained by the civic body falls on one’s car, it could be eligible for a claim from the insurance company.

“They must cover your losses if they knew the tree posed a risk,” the article explains. Lawyers also echoed similar concerns on the issue. “It’s the duty of Bruhat Bengaluru Mahanagara Palike (BBMP) to maintain trees and identify dangerous trees,” said Amarnathan A V, Public Interest Litigation (PIL) lawyer. 

"The owner who has insured the vehicle under a comprehensive plan, can approach the insurance company for claims. The insured can approach the consumer court if the company fails to imburse the claim,” the advocate explained.

When contacted by News Trail, insurance company representatives were not available to comment. However, blog site claim that the local authority is liable to compensate the owner for damages.