The storm that hit us in the past 24 hours has caused heavy economic damage: tangible damage to homes, their contents, vehicles, and businesses due to flooding and inundation in various places in the country, some of which is due to poor infrastructure.<\/p>\r\n
Unfortunately, as with any storm of this type, we are also witnessing personal injuries resulting from it, mainly in traffic accidents. Below are answers to the most frequently asked questions that will help you successfully deal with winter damage:<\/p>\r\n
In which cases should the insurance company compensate and within how long?<\/strong><\/p>\r\n\u00a0If you have an insurance policy that covers damage to your home or business, you should immediately notify the insurance company, which should send an appraiser on its behalf to inspect the damage. According to the Insurance Contract Law, compensation should be received within 30 days from the date the insurance company received all the data. It is important to document and try to photograph all the damage and not throw away destroyed items, so that they can be shown to the appraiser.\r\n\r\n\u00a0Does standard home insurance cover all winter damage?<\/strong>\r\n Standard insurance does not cover waterproofing damage, so if rainwater enters, for example, the damage caused is not covered by standard insurance.<\/p>\r\n\u00a0How can you upgrade standard home insurance to accommodate winter damage?<\/strong>\r\n You can upgrade and add water damage and waterproofing insurance to your home insurance, which may include coverage for repairs by a private plumber, as well as coverage for damage caused by water leaks or poor waterproofing. It should be remembered that a large portion of the damage resulting from the storm is water damage resulting from poor waterproofing of the home (mainly roofs or exterior walls), and therefore the main cost will not be covered by another party, such as the municipality (unless the damage was caused by that party's negligence), since in the end, in most cases, it is a force majeure event.<\/p>\r\n It is also possible to increase the insurance coverage to cover all "risks" (ALL RISK), in which case any accidental damage, except wear and tear, will be covered. At the end of the day, the contents or value of the insured structure must be updated for any significant changes, as there may be changes in its value that have not been updated in the insurance coverage, and in the event that damage occurs, God forbid, there will be no adequate coverage.<\/p>\r\n In order to avoid this situation, you should contact the insurance company to request an extension or update. The latter will send an appraiser to update the price, both of the contents and the structure, and of course, in the event of a flood or other type of accident, there will be adequate coverage.<\/p>\r\n\u00a0How can you prove to the insurance company that it is storm damage?<\/strong>\r\n To prove to the insurance company that it is storm damage, you can contact the meteorological service. It is also important to document the damage as soon as possible with photos that will help you prove damage later. Remember that the insurance company will send an appraiser to inspect the damage and come to a conclusion that usually matches the findings of the meteorological service.<\/p>\r\n Are there other factors responsible for damage from winter hazards besides the insurance company?<\/p>\r\n Of course. For example, when the damage was caused by someone's negligence, such as an apartment undergoing renovations that had water infiltration and the water moved to the neighbor's apartment. In such a case, you can always contact the damage contractor.<\/p>\r\n As for the municipality, it is responsible only for the common parts. Damage caused to the house itself due to water infiltration, for example from the roof of the house, will be defined as force majeure and is not subject to a claim from the municipality. However, in the event that the municipality was negligent and as a result the damage was caused, there is a reason to claim compensation from the local authority. The courts have previously determined the liability of the drainage authority for not ensuring proper drainage, which resulted in flooding. There have also been claims against local authorities for not properly maintaining facilities under their control.<\/p>\r\n\u00a0What happens if a tree falls on the vehicle?<\/strong>\r\n\r\nIn the event of a tree falling on a vehicle, if the insured has comprehensive insurance, he can contact insurance. If not, you can try to locate who is responsible for the tree (municipality or private individual if the tree is in their yard) and sue them if there was no proper maintenance of the tree (pruning, etc.). It should be remembered that if it is proven that this was a "force majeure" that could not have been anticipated or prepared for, the court can dismiss the claim.<\/span>\r\n\r\n\u00a0In what cases is a business owner entitled to compensation for damage caused by the weather? For example: Is a farmer whose fields were flooded entitled to any compensation? If so, how can he exercise his right to compensation?<\/strong>\r\n\r\nA business owner can in certain cases receive compensation for damages caused by stormy weather, if the municipality or local council is held liable for possible negligence in its actions that caused the damage. Courts have often held these authorities liable based on the perception that they must take various actions and measures to prevent rain damage.\r\n In the event of a flood that caused agricultural damage, the circumstances of the case must be examined to determine whether the local authority has any liability for the damage caused to the business\/field, and if so, it can be sued for compensation. Sometimes, the local drainage authority can also be held liable for the damage due to negligence in preventing the damage caused. (Lack of proper management of the drainage network, etc.).<\/p>\r\n In the event of a business flooding that is not caused by the negligence of the local authority, the details of the business insurance policy, if any, should be examined. It should be noted that business policies generally do not include basic coverage for storm damage due to water intrusion, and such damage is usually covered only if the policy has been explicitly extended for this purpose. In any case, it is recommended to carefully examine the terms of the policy and the extensions to possible accidental damage.<\/p>\r\n\u00a0Is an employee who is injured during his work (not in a car accident) due to the weather entitled to compensation? Who is responsible for compensating him?<\/strong>\r\n\r\nIn light of the fact that the accident occurred during work, the employee has the option of taking action to exercise his rights as a "work injury victim" with the National Insurance Institute. Within this framework, the employee has the right to receive injury benefits (according to the compensation rate set by law for up to three months), and even to appear before medical committees to determine the degree of his disability, if any.\r\n If the damage was caused by the negligence of the workplace (such as failure to provide safety arrangements for rainy and stormy conditions, failure to take measures to prevent moisture, etc.), a claim can also be filed against the workplace, which is responsible for the negligence that led to the damage caused to the employee as a result of the weather.<\/p>\r\n\u00a0I had an accident on the way to work because of the rain - is this considered a work accident?<\/strong>\r\n\r\nAccording to the laws of the National Insurance Institute, in order for an accident on the way to or from work to be legally recognized as a work accident, several conditions must be met: the accident that occurred caused the physical injury, the accident occurred while driving or walking, and the additional condition is related to the route - there are 3 alternatives for this: The accident occurred while the employee was on his way to work from his home or from the place where he was sleeping, from work to his home, or from one workplace to another.\r\n