Imagine this: You’re cruising along the highway when a car merges in front of you. A smiling family rides inside, and a Christmas tree is tied to the roof. You think, What a cute holiday tradition. Then the tree comes loose. It flies off the roof rack, and smashes into your windshield. Luckily for you, the driver of the other car will almost certainly be liable for any damage.

Lawyer Mike McDivitt puts it simply. “The driver was negligent in failing to properly secure whatever the item was that fell out.” This means the driver “is responsible for the damage resulting from that negligence.”

So damages—or even injuries—are on them. “The driver of the truck or vehicle in which the object was located in would be responsible for any property damage done to your car and any subsequent personal injuries caused to you or a passenger.”

The situation is the opposite of when you hit their actual vehicle. If a driver in front of you crashes into something or even just slams on the brakes, you’re expected to follow far enough behind to avoid them. Rear-ending someone is almost always considered the rear driver’s fault. But if something falls off a vehicle you’re following, you aren’t expected to notice and avoid it.

What to do if you get hit by a falling Christmas tree

If a Christmas tree—or any object—falls out of the vehicle ahead of you and damages your car, you’ve just been in an accident. Both you and the other driver should pull over somewhere safe and exchange insurance information.

What if the other driver doesn’t notice or speeds off? “You can still file a claim with your insurance company under your uninsured motorist coverage. Make sure you have this type of coverage as it is optional coverage and not required by law like liability insurance.”

If you’re the one picking up the holiday décor, read up and be prepared to fasten a Christmas tree to your car roof safely.