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Following the storm damage: Am I entitled to financial compensation?

Following the damage to property and flooding last week and before the approaching storm, get a guide on compensating those injured due to weather damage and dealing with insurance companies.

My car was flooded with water in a storm and severely damaged, do I have coverage?

For those with comprehensive insurance – the insurance covers. Third-party insurance holders or those who have no insurance at all – there is no coverage, but it is possible to sue the municipality for negligence in handling the infrastructure and drainage systems. In order for the court to award compensation in this case, it is necessary to point out negligence on the part of the authority in handling the water disposal. This is not a simple task, but each case must be examined individually.

My property in the house was damaged as a result of flooding, am I entitled to compensation?

Home insurance is usually divided into contents insurance and building insurance. A building insurance policy covers all damages caused to the structure of the apartment or parts that are permanently connected to it. These are usually damage to the electrical and telephone infrastructure, solar water heater, solar water heating system, heating and heating facilities, as well as to other permanent parts, such as doors, walls, kitchen and bathroom cabinets, and sanitary ware.
Basic apartment structure insurance covers against common damages, such as: fire damage (including fire originating outside the apartment), explosion in the apartment, burglary and theft, as well as against less common damages.
Owners of structure and contents insurance have coverage. Those with mortgage insurance for the building – have coverage. The more sensitive issue is contents insurance. Some of the insured do not have such insurance and the damage to the contents may reach hundreds of thousands of shekels.

My electrical appliance was destroyed due to power outages, can I sue the electric company?

Power outages are not covered by the insurance policies of the contents of the apartment. Still, there are cases in which the electric company will be liable for damages, including damage to electrical appliances damaged as a result of power outages.
For this purpose, the plaintiff must prove that the electric company did not act properly to prevent the damage that it could have prevented. In cases where the IEC’s negligence is not proven – it will not bear responsibility for damages caused.

A business damaged by a lot of water that flooded it, what does the policy cover?

Business owners who have insured their structure and contents and purchased natural damage coverage are covered. Policyholders who purchased coverage for the building and its contents and did not purchase the coverage for natural damage are not covered. Here, too, business owners have the right to sue the municipality for negligence.
In any case, loss of profits in cases of flooding is not covered.

A tree collapsed on my property, who will I get compensation from?

First, it is necessary to check who is responsible for the tree that collapsed – whether it is the local authority or whether it is a private person whose yard the tree is located.
If the trees are the responsibility of the local authority, it must be proven that it has breached its duty to maintain the trees, prune them, and ensure that they survive storm conditions.
If it is proven that the local authority has breached its duty – it may be required to pay compensation for the damage caused. For this purpose, a plaintiff is required to prove his damages (bodily injury, property damage, appraiser’s opinion, expenses, loss of work days, etc.).
Of course, not every tree that collapses will result in the local authority being held accountable. If it proves that it acted as required, and yet what happened occurred, it will not be held responsible.
If the tree that collapsed was in a private yard, it is necessary to check the responsibility of its owner, as well as the responsibility of the condominium committee, the maintenance company / gardeners, and whether their negligence caused the tree to collapse.
In each case, if the damage was caused during work, or on the way to or from work, the incident can be treated as a work accident, and the National Insurance Institute can also be sued for it.
Of course, tree branches that damaged vehicles, you can also try to sue the insurance company of the vehicle, provided that there is adequate coverage for this in the policy.

What should I do after my property is damaged?

  1. Update your insurance company or agent immediately after the injury. The agent will employ the appraiser to handle events, and will accompany the insured throughout the claim.
  2. There is an obligation to act immediately to save property and reduce damage. The insurance company will not pay for damage that could have been prevented or reduced by reasonable means – such as lifting objects from the floor, so that they will not be damaged by flooding.
  3. Photograph and document the damage from different angles and distances. All data, including photos and documents, must be presented to the insurance company appraiser.
  4. Avoid disposing of damaged objects even if they cannot be repaired. What is thrown away and not documented – usually compensation will no longer be recognized by the insurance company. Only after documentation and examination by the appraiser and his approval – can the objects be disposed of.
  5. A counter-appraiser opinion may be provided to the insurance company if the insurance company’s appraiser’s opinion does not reflect.
  6. Keep all invoices and receipts for repairs.
  7. Be sure to carry out in writing all dealings with the insurance company.

Wishing you a pleasant and safe winter!

 

Based on an article by attorneys Vered Cohen and Raanan Bar-On. The content of the article is general information at the sole responsibility of the author and should not be considered as legal advice.

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