Winter storms can bring property damage and flooding to many areas across Israel. Here’s a comprehensive guide about compensation for weather-related damage and how to navigate the claims process with insurance companies.
My car was flooded during the storm and sustained heavy damage. Do I have coverage?
For those with comprehensive insurance, the damage is covered. Those with third-party liability insurance only, or no insurance at all, have no coverage. However, there is an option to file a claim against the local municipality for negligence in maintaining infrastructure and drainage systems. For a court to award compensation in this case, you’ll need to demonstrate negligence by the authorities in water removal management. This can be challenging, but each case should be evaluated individually.
My household property was damaged due to flooding. Am I eligible for compensation?
Home insurance in Israel typically divides into contents insurance and building structure insurance. A building structure policy covers all damage to the apartment structure or permanently attached components. This usually includes damage to electrical and telephone infrastructure, dud shemesh (solar water heater), solar water heating systems, heating installations, and other fixed components such as doors, walls, kitchen and bathroom cabinets, and sanitary fixtures.
Basic building structure insurance covers common damage types including fire damage (including fires originating outside the apartment), explosions, break-ins and theft, as well as less common damage types.
Those with building and contents insurance have coverage. Those with mortgage building insurance also have coverage. The more sensitive issue is contents insurance. Some policyholders don’t have this type of insurance, and contents damage can reach hundreds of thousands of shekels.
An electrical appliance was destroyed following power outages. Can I claim against the Israel Electric Corporation?
Power outages aren’t covered by home contents insurance policies. Nevertheless, there are cases where the Israel Electric Corporation bears responsibility for damages, including damage to electrical appliances that were harmed due to power outages.
To succeed in such a claim, you’ll need to prove the electric company didn’t act properly to prevent damage that could have been prevented. In cases where the electric company’s negligence isn’t proven, it won’t be held responsible for the resulting damages.
A business was damaged by flooding. What does the policy cover?
Business owners who insured their building and contents and purchased natural disaster coverage are covered. Policyholders who purchased building and contents coverage but didn’t purchase natural disaster coverage are not covered. Here too, business owners have the right to claim against the municipality for negligence.
In any case, loss of profits in flooding situations is not covered.
A tree collapsed on my property. Who will compensate me?
First, determine who’s responsible for the collapsed tree: the local municipality or a private individual whose property the tree was on.
If the trees are the local municipality’s responsibility, you’ll need to prove it breached its duty to maintain the trees, prune them, and ensure they survive storm conditions.
If you prove the municipality breached its duty, it can be required to pay compensation for the damage caused. To do this, claimants need to prove their damages (bodily injury, property damage, appraisal reports, expenses, lost workdays, etc.).
Not every collapsed tree will result in municipal liability. If the municipality proves it acted appropriately and the incident still occurred, it won’t bear responsibility.
If the collapsed tree was on private property, examine the owner’s responsibility, as well as the responsibility of the building management committee (vaad habayit), maintenance or gardening company, and whether their negligence caused the tree’s collapse.
In each of these cases, if the damage occurred during work, or on the way to or from work, you can treat the event as a work accident and also claim against Bituach Leumi (National Insurance Institute).
Of course, for tree branches that damaged vehicles, you can also try to claim against the vehicle’s insurance company, provided there’s appropriate coverage in the policy.
What should I do after my property is damaged?
Immediately notify your insurance company or insurance agent after the damage occurs. The agent will activate the adjuster to handle the incident and accompany you throughout the entire claim process.
You have an obligation to act immediately to salvage property and minimize damage. The insurance company won’t pay for damage that could have been prevented or minimized through reasonable measures, such as lifting items off the floor to prevent flood damage.
Photograph and document the damage from different angles and distances. Present all information to the insurance company’s adjuster, including photos and documents.
Avoid discarding damaged items even if they’re beyond repair. What’s thrown away and not documented generally won’t be recognized for compensation by the insurance company. Only after documentation and the adjuster’s inspection and approval should you discard items.
You can provide the insurance company with an independent appraisal if the insurance company’s adjuster’s assessment doesn’t reflect the actual situation.
Keep all invoices and receipts for repairs.
Make sure to conduct all correspondence with the insurance company in writing.
Wishing you a safe and secure winter season!
- Based on an article by attorneys Vered Cohen and Reanan Bar-On. The article’s content is general information and the sole responsibility of the authors and should not be considered legal advice.
