Where to watch out

What to do to ensure that insurance pays out in the event of severe weather?

Hail, mudslides, floods, storms: what damage is insured? And what do I have to look out for to ensure that the insurance pays out?

(Bild: Krone KREATIV/ZOOM.TIROL APA (2))

The severe storms this summer have once again caused major damage to many Carinthians. It is particularly important for those affected to find out in good time how they can get their money as quickly as possible - if there is an insurance claim at all. The "Krone" spoke to lawyers about what to do.

Hail, mudslides, heavy rain and flooding have devastated streets, houses and cellars. The two lawyers Kathrin Hartl (Völkermarkt) and Michael Lassnig (Villach) explain, as part of our check-your-law series, what needs to be taken into account with damage reports and policies so that insurance companies can also pay or be obliged to pay.

Krone: The water has caused a lot of damage. It doesn't matter whether it's flooding or groundwater, does it?
Kathrin Hartl and Michael Lassnig: No - because damage caused by groundwater is often excluded from insurance policies and only damage caused by surface water is covered. This means rain, flood water or melt water.

Every month, Carinthian lawyers provide valuable tips on exciting and topical legal issues as part of a joint series with the Carinthian Bar Association.

(Bild: Krone Kreativ)

What insurance do I need to really be insured against storms?
You should have comprehensive buildings and household insurance; some catastrophe packages are also available. But you need to pay close attention to the sums insured and the risk exclusions.

Risk exclusions?
It is problematic, for example, if your home is in a flood zone and you need a new insurance policy - they may refuse to accept the risk altogether!

My new car was damaged by a falling tree in a storm. Is the forest owner liable?
Yes, if the tree was clearly in a poor condition. Tree owners are therefore required to check their trees regularly.

How do you say it in legalese?

Compulsory insurance: This exists in Austria for cars, but not for houses - even if it is discussed after every storm disaster. Motor vehicle liability insurance is required by law to ensure that third parties who are damaged by the vehicle can be compensated. In the case of houses, no such risk to third parties is assumed.

Reporting damage: What do I do if I am affected by a storm? The first thing to do is to check whether there is a risk; then everything should be documented as precisely as possible - for example with photos and videos - and the insurance company should be informed as soon as possible. Preserving evidence is very important, as claims are often only settled much later.

Is a storm a reason to cancel a vacation?
Not generally - unless there is a travel warning for the destination. If a natural disaster occurs at home, you can only cancel your trip free of charge if it is insured.

The insurance company doesn't want to pay because I supposedly took too long to get the repairs done.
There are time limits in the insurance contracts, usually up to three years - be sure to check!

I don't want to have my car repaired after hail damage, I want money. Is there a claim?
That again depends on your car insurance! Some companies insist on repairs, especially in the case of safety-related damage. In the case of purely visual damage such as dents, a payout is often possible.