Did The NYC Storm Crush Your Car? Here's What To Do

NEW YORK, NY — Trees toppled by Tuesday's huge thunderstorm crushed some New Yorkers' cars, caused chaos on the rails and even reportedly killed three people in the city's suburbs. That likely left some unlucky locals wondering whom to call — and who pays to fix the mess.

The answers to those questions can vary for New Yorkers cleaning up from storm damage. But Nicholas Papain, a Manhattan personal injury lawyer who's handled storm-related cases, said there's a clear first step: call your insurance company.

Depending on the policy, an unlucky New Yorker's insurance could cover damage from a tree that proved too weak for the wind. Filing a claim can help assess the damage. Some drivers with damaged cars could see their insurance rates increase after a storm, but it's not a given, according to the auto insurance firm Progressive.

The owner of the property on which the tree sat is ultimately liable, Papain said — meaning the city could be on the hook for cars crushed by blown-over trees on public sidewalks.

"It’s their property, it’s their tree, it’s their responsibility," said Papain, a partner in the law firm Sullivan Papain Block McGrath & Cannavo.

It would likely take a lawsuit to get the city to cover the damage. New Yorkers have 90 days from the incident to file a notice of claim with the city, and a year and 90 days to file the lawsuit itself, Papain said.

Liability depends on whether the owner of the tree, or whatever caused the damage, failed to maintain their property well enough so that it didn't stand up to the storm, Papain said.

"More times than not there’s outward signs of the tree’s weakened condition that unfortunately don’t get addressed," he said.

But if the tree — or, say, some metal structure on top of a Bed-Stuy roof — was on private property, the owner of that property could take care of any damage through their insurance, Papain said.

Anyone who suffered damage from debris on their own property would have to look to their own insurance policy, Papain said.

New York City's many renters could be covered by renter's insurance if they have a policy, Papain said. If not, renters should look to their landlord "to see whether or not there’s any recourse against them," he said.

(Lead image: Photo by Evan Schwartz/Twitter, used with permission)