High costs

Vehicles damaged after flooding – who pays?

(Bild: picturedesk.com/APA/HELMUT FOHRINGER)

Intense storms and flooding have caused damage to numerous vehicles in many places over the past few days. Whether an insurance company pays out depends on the type of vehicle, the insurance policy and the party responsible.

"Anyone who has only taken out liability insurance will not receive any money from the insurer in the event of damage caused by severe weather. Damage caused by forces of nature to motor vehicles is generally only covered by fully or partially comprehensive insurance," explains ÖAMTC chief lawyer Martin Hoffer. Damage to bicycles and e-bikes is normally covered by household insurance. In all cases, the following applies: document vehicle damage as well as possible and report it to the relevant insurance company immediately.

However, if the damage was caused by a third party, they are liable, especially if they are at fault. For example, if construction companies or advertising companies have installed their scaffolding and billboards incorrectly. Even if loose roof tiles or trees fall onto a parked car, the owner of the respective property could be held liable.

"If damage is caused to the vehicle by loose objects in the road, for example, the road owner (federal state or municipality) is liable if gross negligence can be proven - e.g. gross negligence in securing a flood site. Highway operators and landlords of paid parking lots are already liable for slight negligence," says Hoffer. Since May 1, 2024, there has been a certain aggravation for the injured party in the case of damage caused by trees: fault must now also be proven here, whereas previously the burden of proof was reversed.

Fully & partially comprehensive insurance - check policy, report damage immediately
With fully and partially comprehensive insurance, the insurance covers the repair costs and also the towing costs to the nearest suitable workshop. Depending on the insurance provider and contractual regulations, deductibles are also possible. The correct procedure is important for the insurance company to cover the costs: "The damage report must be made immediately. Documentation with photos, especially with all the details of the damage, is an advantage," says the legal expert. If someone else is responsible for the damage, it is advisable to name witnesses.

However, insurance companies also have their limits: If the car was parked in a vulnerable spot, e.g. under an obviously rotten tree, the insurance company could refuse to pay out due to gross negligence. However, if you were surprised by the storm or were unable to remove the vehicle from the danger zone to the best of your knowledge and belief, the situation is different.

If the vehicle is a total loss, this is particularly annoying for older vehicles, as the maximum compensation is usually the current value.