The flood situation in Rhineland-Palatinate and North Rhine-Westphalia remains critical.
And it is already clear: the damage is huge.
Insurance law specialist Götz Keilbart explains which insurance is now taking effect.
Munich - The flood disaster in North Rhine-Westphalia and Rhineland-Palatinate has caused unimaginable damage to houses, apartments and cars in communities such as Ahrweiler or Erftstadt.
Götz Keilbart, specialist lawyer for insurance law at the Frankfurt law firm Plagemann Rechtsanwälte, explains what damage is covered by insurance, what applies to small and medium-sized businesses and what injured parties should now pay attention to.
It is considered to be one of the leading law firms in this field in Germany.
Mr. Keilbar, after extremely heavy rainfall, many houses in Rhineland-Palatinate and North Rhine-Westphalia are badly damaged and some are in danger of collapsing.
What insurance pays in the event of a flood?
In principle, damage from natural forces must be taken out in the event of flood damage, which is then usually subject to compulsory insurance.
What does the elementary insurance cover?
The elementary insurance covers the costs of damage removal, tidying up, cleaning and drying work, renovation, refurbishment or reconstruction work.
Partly the current value and partly the new value of the building will be reimbursed.
Basically, however, it always depends on the agreed insurance cover, which results from the insurance conditions.
What damage is covered by the building and household insurance?
With building and household contents insurance, only tap water damage and no flood damage are regularly insured.
How are cars insured against floods caused by heavy rain?
Does the car insurance come into play here?
For damage to your own vehicle - if it has been taken out - partial comprehensive insurance can be considered.
If so-called third-party damage is caused by the car, motor vehicle liability insurance could also be required here.
How are commercial and industrial buildings secured?
That depends on the individually agreed insurance coverage.
Those affected should definitely take a look at the insurance conditions, as the contracts can be structured much more individually than with private customers.
What do apartment and house owners have to do in the event of a claim?
You should report the claim to the insurance company as soon as possible - ideally on the same day - and continue to contact the insurance company.
It is strongly advised to document the damage, for example by means of film recordings and / or photos.
The timing and actual processes should also be recorded in writing.
How quickly is damage usually settled by the insurer?
The insurance companies are contractual partners and are therefore interested in speedy regulation themselves.
The regulation can be completed within a few weeks, but it can also take years.
In the event of a claim, is there a prospect of an advance payment?
If the insurer is obliged to take part, advances are common.
What if I repair the worst damage myself? Is there then a risk that the insurance cover will expire?
Such measures should be carried out as part of the harm reduction obligation.
Measures should be discussed with the insurer if possible.
What applies if, as a tenant or house owner, I forget to close the window or balcony door before heavy rain: does the insurance have to pay at all?
This could represent gross negligence, which can lead to a reduction or even loss of the insurance claim.
According to current law, insurance intermediaries are obliged to offer their customers insurance against natural hazards when they take out home or household insurance.
What if the mediator fails to do this?
In the case of a new contract, the broker must point out the possibility of taking out natural hazard insurance.
In the case of existing insurance contracts, the supervisor of the contract must regularly - i.e. once a year - ask whether the policyholder needs further insurance protection and must advise accordingly.
These consultations must be documented.
If there is a lack of advice or support, this can lead to claims for damages by the injured party against the intermediary.
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