Storm Damage: The Complete Guide to Compensation

The "Carmel" storm is fading, but their damage caused will not go away so quickly.

The apartment was flooded?

Is the vehicle damaged?

The cell phone drowned in the puddle?

Here is the complete guide to compensation for storm damage: What does the policy cover?

Who do you turn to?

How do you prove the damage?

And more questions that thousands of Israelis will face in the coming days

I have Seville

21/12/2021

Tuesday, 21 December 2021, 13:48 Updated: Wednesday, 22 December 2021, 09:24

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The storm, which hit the coastal cities of Israel hard, once again hits infrastructure that is not prepared to absorb such huge amounts of water, resulting in flooding in various cities and multiple damages.

Who is responsible for repairing and compensating for storm damage and how will we exercise our rights in the event of damage to our property?

We asked the experts to answer our questions:

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A basic policy covers most of the damages

Adv. Eran Jakubowicz, an expert in insurance and tort law and a partner in the firm of Adv. Zvi Jakubowicz & Co.,

answered a number of important questions regarding the existence of the insured's rights:

"The language of the standard apartment insurance policy marketed to the insured public, the clauses of which are set by the Supervisor of Insurance, stipulates that in the event of water penetrating through walls or through the ceiling and absorbing them - the insured is not entitled to monetary compensation. ".

"If the apartment was flooded following the storm, it was an event covered by the policy. Even if, for example, a tree planted in the yard fell and caused damage. At the same time, it is important to remember that damage to fences and gates is not covered by the policy." ".

"Determining whether there is a storm is made based on the Meteorological Service's decision, by measuring the strength of the winds using a 'buffer' scale, which ranks the strength of the winds. Grades 7 to 9 are storm situations according to which the insurance company will act to compensate the injured."

"In case the apartment was flooded due to a failure in the sewer system, it can be argued that the damage was caused by the negligence of the local authority and demand that it return to the property owner the amount of money paid for the repair. In that case, the insured must hire an appraiser on his behalf."

"However, one of the common claims of local authorities is that the damage was caused by a force majeure, which could not have been expected, but a series of judgments have determined that it is sufficient to know that there is a chance that damage will be required to prevent it. "The same is true in cases of damage caused to property as a result of the fall of trees planted in the areas of the local authority. It must maintain them and prune their branches in a way that will prevent damage in the event of a storm."

Disputes between the insured and the insurance company

What do you do in case the car is damaged by the flood? Who is responsible and who to contact?

A car owner who has comprehensive insurance is entitled to contact the insurance company that insures him. If it is proved that the flooding was caused by the negligence of a local authority, he can file a claim against it for the full amount of the damage or alternatively, exercise his right to sue his insurer and then file a claim against the authority solely for the losses he paid it. and losses incurred as a result of the rising policy. "

" at the same time, a policyholder who risked voluntary for example went to the desert to watch flowing streams, causing his vehicle damaged during a flood, may run into a problem, because the insurer can claim that this is the damage that could have been avoided. "

"Immediately after it became clear to the insured that he was harmed, he should update the insurance company or agent without delay, in order to prevent the possibility that the insurer would claim that earlier reporting could have helped it reduce the extent of the damage. "As far as possible his damage. This means that in the event of a flood, for example, he must hurry and move any object that can be damaged and not avoid it with the thought that there will be someone to compensate him."

In addition, disputes often arise between the insured and the insurance company, usually regarding the amount of damage and even its occurrence. Therefore, it is highly recommended to document all damages, as long as they are "fresh" and it is very important not to throw any damaged item in the trash. No compensation will be given for him. "

"The insurance company usually sends an appraiser who estimates the amount of the damage, but should the insured disagree with his determinations, he has the right to hire an appraiser on his behalf who will formulate a counter-assessment."

Who is responsible for the damage caused by power outages?

Can someone who has experienced a prolonged power outage sue the electric company for the damages caused to him?

"The answer lies in the length of time the interruption lasted. In the case of a period of many hours during which the electricity did not flow, it can be argued that this is unreasonable conduct on the part of the IEC, which is grounds for filing a tort claim. "Remember that there is a limit on the amount of a claim that stands at NIS 33,800. Above this amount, the address for filing the claim is the Magistrate's Court."

"One way or another, he must attach to the statement of claim the set of references that indicate the damage caused to him, preferably with an appraiser's report.

If he was absent from work due to the repair of the damage - pay slips must be attached. "

"It is the IEC's duty to act reasonably and do everything in its power to prevent malfunctions, but it is also the business owner's duty to act reasonably. When it comes to a restaurant or event hall, he can and should expect such a malfunction to impair his ability to operate properly at home. the business".

"Therefore, it has been proven that he did not provide in advance for an alternative such as an emergency generator, it is not inconceivable that the court will determine that this is a significant degree of contributory negligence - a determination which will reduce the amount of compensation it will receive, if any."

"There are quite a few judgments in which it has been determined that the business must expect that in times of stormy weather, there may be power outages and it must prepare for this. "Otherwise, the plaintiff must lift the burden of proof and prove that there is a direct and causal connection between the malfunction / malfunction and the power outage. .

Adv. Eran Jakubowicz, an expert in insurance and tort law and a partner in the law firm of Adv. Zvi Jakubowicz & Co. (Photo: Public Relations)

There is no cover for water penetrating through walls

Advocate Anat Kaufman, chairwoman of the Bar Association's committee and forum, an expert in tort law, points out:

"Although a basic insurance policy covers most winter damage, it should be noted that there is no coverage for water penetrating through walls Through the broken window on which compensation will be given, the water that

penetrated

through the wall / ceiling will not be compensable. This case may fall within the definition of a flood (the water accumulated in the roof may be recognized as a flood)

"Water from the roof There may also be a lawsuit against the tar or another professional who did not do his job properly and professionally as required of a reasonable professional," Kaufman adds, answering further questions we raised:

This is the "million dollar" question, in insurance policies, in most cases, there is no definition for neither storm nor flood and therefore it is a subject for dispute. . As mentioned, it should be noted that when the wind force is low (according to measurements by the Meteorological Service) it will not be considered a storm but when the wind force is too high then it may be considered a storm and then not included in the insurance. .

"lightning damage is covered by the standard policy and basic apartment"

Cold damage is not covered under "weather damage" in an apartment policy, but a solution may be found under "pipe damage"That exist in the policy. "

Who is responsible for objects on the street that hit passers-by?

Many severe winter damage is caused every year as a result of the use of heating means such as electric heaters due to fires, gas leaks and more.

Who can be sued in such cases?

"When it comes to property damage, if there is insurance in the apartment, it includes fire insurance. Regarding bodily injuries, the problem is more difficult and here you have to check each case individually. For example, you should check whether the heating device was standard, whether safety instructions were attached. The chimney did its job professionally and it is worthwhile to enlist the help of professionals such as a safety engineer. "

"In such a case the shop owner as well as the manufacturer or installer of the awning can be sued when he may not have installed the awning correctly or on the grounds of a manufacturing defect - lest the awning was damaged and this is a reason he did not survive the storm. "Close the awning, so the store owner will also be responsible for the damage."

"If damage is indeed caused, a claim can be considered against the landlord from whom the flowerpot flew, assuming that homeowners must take care of their property and prevent expected damage from storms. If the landlord has third-party insurance in the apartment, the insurance can be activated. Or property. "

And what if the phone went off or the vehicle was damaged?

During a storm I opened the car door to get into it for a ride, as a result of the strong wind the door slammed and caused me to break my palm who can be sued in such a case?

"When physical injury resulting from the use of the vehicle for the purposes of driving event is set in a car accident and the compensation is paid only by the compulsory insurance of the vehicle."

"Most of the terms of the warranty of the device do not cover water damage, but you should always check the The terms of the contract may include a clause that could help. "

" This is a somewhat problematic case.

In principle, if the damage was caused directly by lightning damage to the home network or the home appliance, the coverage can be claimed, but if the damage as a result of damage to the electricity company's electricity system, there is no coverage. "

Most important: document the damage

Adv. Kaufman gives some important tips to anyone who has been harmed by the storm:

Photograph and document the damage.

Notify the insurance company / insurance agent as soon as possible.

Act immediately to reduce and reduce the damage to save the property.

Order an appraiser (if you disagree with the insurance appraisals).

Do not throw away anything even if it is not repairable, it is advisable to keep it until an appraiser arrives.

Keep invoices / receipts for repairs.

Read the terms of the policy before you sign it.

It is important to know that you can purchase an insurance extension that includes any accidental damage low).

if necessary, contact the counseling statement.

Adv. Anat Kaufman (Photo: Rami Zergner)

Renovation contractors will work overtime

The chairman of the Association of Renovation Contractors, Eran Sib,

talks about inquiries from those who will come to repair your damage: Anyone who did not prepare for the storm, did not check the seals, did not tie the equipment on the balconies and gardens, did not remove the planters from the window and did not open the drain in the house, experienced damage in one way or another. Of course it is important to note that during a storm there is no real possibility to repair the damage, both in terms of weather and quality of work, such as all sealing issues. "The

Association of Renovation Contractors estimates that within two weeks the renovation contractors will complete most damages estimate the size of the damages NIS.

another renovations contractors Association opened a hotline that works 24/7 next number - 1700-700-426 any question, advice, work order and repair damages to victims of the storm.

Chairman of the Association of Renovation Contractors, Eran Sib (Photo: Yanai Ditch)

The most common referrals after a storm

On the volume of citizens' claims for repairs of the "Carmel" storm damage, Fiber says that there is an increase of close to 50% in the number of public inquiries, when, the most frequent inquiries are:

1. Solar water heaters - the most requested appeal to renovation contractors Some stopped working, some were not strongly connected and some even completely collapsed.

2. Leakage and sealing - Many homes are suffering from leaks from the ceiling, walls and tiled roofs as a result of the storm due to the heavy rain that has fallen since the beginning of the week.

Drains - Many drainage openings are also blocked due to dirt, vegetation and more.

In addition, many calls to renovation contractors to handle blockages.

Vegetation - Many calls have also been made regarding gardening, pruning, potted plants and trees that have collapsed and caused damage.

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• storm

• a storm

• Carmel

• Weather

• Storm damage

• Storm damage

• Damages

• flood

• Floods