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No it would be that tree you ran into's fault. You should exchange insurance information immediately with the tree. If the tree doesnt have insurance, he could be arrested and taken to jail, possibly losing his lisence to be near the road.

Incase you didn't get it, that is sarcasm posted above. Yes you would be At Fault, if not you who?

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Q: If you fall asleep while driving and total your car will it be considered your fault?
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