Car total damage.

Hey hey guys, I/we need a little help. During the night from 5.9. to 6.9. my colleague and I as a passenger were on the A1 drive home. In light traffic we drove on the left lane. Throughout the day there had been strong shiver and strong wind. Then the driver suddenly lost control of the car. Through a wind blow we came from the left completely to the right lane. The driver tried to steer against, but d the wind and the wet road have led us with the rear right side first against the guardrail and then in the further course with the entire passenger side against the guardrail. The airbags have triggered on the right side, the car is a total damage. At night at the time it uprooted even 2 trees in the area. And we have brought to know that at such a wind speed also the partial cassock must grip. Now it turns up al She thinks it was self-inflicted and the mere pushing away of the car through the wind doesn’t count (a tree should have fallen directly on us, was also mentioned as a reason.) We now have the evidence that the wind was >8 and the police report underpins it. Should the insurance then still pay? Does it pay to hire a lawyer? Who then has to pay the lawyer?