The threat of Storm Bernard put eight communities in the southwest of the peninsula, the center and the islands on alert. This high-impact atmospheric disturbance crossed the country from the southwest, leaving rain, winds of 100 kilometers per hour and waves. And as expected, it caused numerous incidents. Once the storm has passed, calm arrives and it is time to evaluate the damage suffered.
It is the time when many wonder what damages insurance covers due to gusts of wind in a storm. And it is precisely the lashes of the wind that have caused the most material damage on this occasion.
To begin with, the Insurance Compensation Consortium assumes coverage for natural phenomena, terrorism and actions of the Armed Forces and Security Forces. The first group includes extraordinary floods, earthquakes, tidal waves, volcanic eruptions, atypical cyclonic storms and falls of sidereal bodies and aerolites.
According to the Extraordinary Risk Insurance Regulations, damage caused by atypical cyclonic storms is covered as long as there are “tornadoes and extraordinary winds, characterized by the existence of gusts exceeding 120 kilometers per hour.” In this case, the damage caused by the wind will be covered by the insurers, according to what each policy indicates, or by the consortium itself.
The consortium recalls that even if the incident affects only one insured, he or she has the right to compensation, which does not require that a “catastrophe” or “catastrophic zone” declaration has been published by the authorities. Coverage is automatic once the episode of adverse weather phenomenon occurs.
In the case of direct material damage, Facua explains, the Consortium establishes that the policy must include coverage for any of the following risks: fire, theft, glass breakage, damage to machinery, electronic equipment, computers or combined modalities of the themselves. For example, policies known as multi-risk policies for home, communities, offices, commerce, workshops, industry or SME policies.
Damage to the car, according to the information offered by the consortium on its website, will be compensated regardless of the coverage contracted. That is, whether the insured has a policy that covers damage to the vehicle itself (broken windows, theft or comprehensive insurance with or without excess) or if the policy is civil liability (compulsory insurance or third party damage insurance). .
Firstly, it must be demonstrated that the winds that caused the damage were at least 120 km/h. It should be noted that the Insurance Compensation Consortium itself publishes on its website a list of the municipalities affected by wind gusts of this intensity.
However, as dictated by law, it is recommended to collect all possible evidence to demonstrate the origin and consequences of the damage, from reports from meteorological agencies or observatories (reports issued by the State Meteorological Agency), photos showing damages and reports from emergencies, police, civil protection or firefighters. If there are witnesses to what happened, the insured must keep their data.
Likewise, organizations such as Facua advise also providing a photocopy of the insurance policy, its general and specific conditions and the receipt of being up to date with the insurance payment, in addition to estimates and invoices for repairing the damage and bank details for the payment of compensation.
All this must be presented as soon as possible. Article 16 of Law 50/1980, of October 8, on the Insurance Contract, establishes that “the policyholder or the insured or the beneficiary must notify the insurer of the occurrence of the incident within a maximum period of seven days after it occurred.” known, unless a longer period has been established in the policy”. This period is not taken into account if the insurer has become aware of the incident through another means.
Once the claim is submitted, the consortium must send an expert to evaluate the damages suffered. In this way, it is recommended not to touch the damage until an expert comes or, failing that, to have an official document recording the damage suffered.
The Insurance Compensation Consortium will be responsible for the damages, subsequently reimbursing the insurance companies for the compensation they had paid to their insured.