The Plovdiv woman, whose car was crushed by a tree, condemned the Municipality for over 15,000 BGN

The owner of the jeep, which was crushed by a huge tree while in motion, sued the Municipality of Plovdiv for compensation of BGN 15,875. We remind you that on March 27 last year, shortly after 5:00 p.m. during a storm, a huge tree fell on a Mercedes jeep driving on Komatevsko Shosse in Kyuchka, crushing the back of the vehicle.

It is really lucky that the incident was avoided because the tree did not fall on the front of the jeep and it was a matter of less than a second. The woman stopped the car in the far right lane at a red signal at the traffic lights at the intersection of “Nikola Vaptsarov” Blvd. in the direction of Komatevo. After the green light came on, she drove off with the car, entering the intersection and after traveling a distance of 15-20 meters, a tree fell on the car, which was about 15 meters high and was located in the right lane of traffic. The tree fell on the back of the roof of the car, on the hood, and from there it rolled onto the asphalt.

The market value of the repair to restore the damage to the car with second-hand parts or 2 alternative parts amounts to BGN 21,656, which is 37% of the value of the car before its damage.

After the accident, the woman called 112, and a team of the fire department arrived on the scene, secured the area, blocked the traffic and began to cut the tree into pieces to clear the roadway. The woman then drove to her home, parking the vehicle in a garage. As a result of the fallen tree, many parts of the car were damaged, and at the moment the process of its restoration has not been completed.

A huge tree fell on a moving jeep on a boulevard in KyuchkaFirefighters are on the scene, traffic is blocked

The value of the property damage is determined at the amount of BGN 15,875, of which: BGN 4,000 – purchased rear cover and rear spoiler, together with glass, BGN 1,280 – purchased front overview glass, BGN 160 – purchased new antenna and lining for it , BGN 1,080 – purchased left and right cherry rear lights, BGN 400 – purchased interior partition and ten stop lights, BGN 3,000 – purchased right fender, BGN 700 – purchased right door, BGN 2,415 – paid labor of an auto repair shop, and BGN 2,840 – paid labor for repair and painting.

The Municipality of Plovdiv objected that it is not responsible for the damages caused. The circumstances under which the plaintiff claims the incident occurred are also disputed. It is stated that the defendant has taken the necessary actions, including regular inspections of the landscaping for the trial section. Under the conditions of eventuality, even if an incident is established, it is stated that in the presence of bad metrological conditions, it is an accidental act. The amount of the claimed compensation is also contested. It is objected to the existence of co-causing of the harmful result by the plaintiff, insofar as she did not take into account the metrological situation and parked the car in violation of the ZDvP. Due to the foregoing, he requests that the claim be rejected. Claims costs.

Nevertheless, the court finds that there is a causal link between the established inaction and the incident that occurred, as a result of which damage occurred to the motor vehicle owned by the woman, and the defendant’s objections about the lack of a causal link have been rejected by all those gathered in the case evidence. The defendant’s objection that the incident was the result of a random event is also unfounded.

In this regard, the Municipality of Plovdiv was sentenced to pay the woman the sum of 15,875, representing property damage caused as a result of a tree falling on the car owned by the plaintiff, as well as to bear the costs of the case in the amount of 2,435 BGN.

The decision can be appealed by the parties within two weeks.