Due to the current situation in Poland, including local flooding and inundation, we have prepared a short guide on the steps you should take to file a claim for damages. Flooding and flooding of an apartment, house, or outbuilding are situations that require quick action, but above all, maintaining calm and prudence. It is crucial to first ensure the safety of yourself and your loved ones, then document the damage and promptly report it to your insurer. Appropriate action can help minimize losses and ensure a quicker return to normalcy. Minimizing damage is crucial to later claiming the compensation you deserve from your insurer.
Minimizing damage
Pursuant to Article 826 § 1 of the Civil Code, in the event of damage, the policyholder is obligated to use all available means to save the insured property and prevent or reduce the damage. If the policyholder, intentionally or through gross negligence, fails to take the above-mentioned measures, the insurer is exempt from liability for any resulting damage. For example, in the event of flooding, the gas and electrical installations should be disconnected. Furthermore, if possible, the policyholder should move some of their belongings (furniture, old household appliances, electronics) to higher floors of the building.
How to report a damage?
The possibility of obtaining compensation for flood damage depends on several factors, such as the type of insurance you have and the scope of coverage.
- First, you should verify your policy's coverage and the General Insurance Terms and Conditions (GTC) . It's important to remember that not all insurance policies automatically cover flood damage. Typically, standard home insurance includes flood protection, but this doesn't always apply to floods.
It's also worth noting the media reports about a sudden increase in property insurance applications related to flooding. While you can certainly insure your property at any time, it's important to remember that it won't be effective from the moment you sign the contract. In some cases, the contract may provide for a grace period, a period during which, even if an incident occurs, the insurance company isn't liable. For property insurance, this period is generally 30 days.
- After flooding your apartment, house, or outbuildings, contact your insurer as soon as possible and report the damage . When reporting the damage, please have your personal information and policy number ready. When reporting the damage, it's worth asking about the scope of your insurance policy and what additional services you're entitled to under your contract.
- After reporting a loss, the insurer is obligated to determine the extent of the damage. A visual inspection will be conducted for this purpose . To ensure the insurer accurately determines the extent of the damage, it is essential to take photographs and videos at every stage of the property protection process, if possible, and to compile a list of damaged property and collect receipts for any expenses incurred. This includes photos showing the original condition and any subsequent damage resulting from the flooding. Accurate documentation of the damage will prevent the insurer from later questioning the extent of the damage.
It is also possible to conduct a simplified claims settlement. In this case, the compensation due is determined without conducting an inspection of the accident scene. However, this method of settlement may prove unfavorable for the injured party. Often, the compensation paid in this way does not cover the actual costs of the renovation work. It is also important to check whether the insurer has paid the compensation due as part of a settlement, which prevents the injured party from pursuing further compensation.
- Under applicable regulations, the insurance company must pay compensation within 30 days of the injured party's notification of the loss. However, this deadline may be extended if it is impossible to clarify the circumstances necessary to determine the insurer's liability or the amount of the benefit.
- Then, after clarifying all the circumstances necessary to determine the amount of compensation, the insurance company issues a decision . If the decision is denied or sets the compensation amount at an amount unsatisfactory to the injured party, an appeal may be filed. If the injured party files an appeal and the insurer continues to refuse to pay, court proceedings will be necessary.
It's worth noting that, to be effectively conducted, legal proceedings for compensation require substantive knowledge from the person filing the case. Therefore, we suggest consulting with individuals who professionally handle legal proceedings (especially in the area of compensation).
Insurer's liability exclusions
It's also worth checking your insurance policy for any exclusions of liability. If you have any doubts about whether your policy covers damages, it's worth consulting a lawyer.
Compensation from state funds
The above information applies to victims with voluntary property insurance. However, if the flood is the result of a natural disaster, the government may launch assistance programs for those affected. Compensation from such funds is often independent of insurance coverage.
In summary, obtaining compensation for flood damage to an apartment, house, or outbuilding requires meeting several key requirements, including having appropriate flood insurance. Accurately documenting damage, promptly reporting it to the insurer, and following procedures are crucial.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 17, 2024
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