The storm left a trail of floods, fallen trees and dozens of damaged vehicles in public spaces. For many drivers, the shock was not just material. The question arises soon after: does car insurance cover this damage or will someone have to pay for the damage out of their own pocket?
According to DECO PROTeste, the answer depends on two essential factors: the origin of the damage and the type of coverage contracted in car insurance. Not all situations give rise to compensation, even when damage is caused by extreme weather events.
When the responsibility may lie with the local authority
Local authorities have a duty to care for the heritage existing in public spaces, including trees located in streets, gardens and municipal parks. However, this does not mean they are automatically responsible every time a tree falls on a vehicle.
According to the same source, citizens can only claim compensation if they can prove that the municipality did not fulfill its maintenance duty. This involves demonstrating that the tree showed obvious signs of degradation, disease or imminent danger that were not treated in a timely manner.
For this purpose, it is essential that the incident is registered by the authorities. The association recommends calling the police to the scene and gathering as much evidence as possible, such as photographs of the tree, the vehicle and any signs of poor condition prior to the storm.
Extreme phenomena make compensation claims difficult
In most cases recorded during recent storms, tree falls are associated with extreme meteorological phenomena previously signaled by the authorities. When this is the case, it becomes more difficult to attribute responsibility to local authorities.
According to the same source, if the fall results exclusively from the exceptional intensity of wind or rain, without evidence of negligence in maintenance, claims for compensation against the municipality tend not to be accepted.
Does car insurance pay for these damages?
Here comes the second decisive factor. DECO PROTeste explains that falling trees, floods and landslides fall under the so-called coverage of natural phenomena, integrated into the coverage for own damages.
This means that only drivers who have specifically contracted this coverage in their car insurance can contact the insurer. Anyone who only has mandatory civil liability insurance is not protected against this type of loss.
The association emphasizes that this coverage is optional and that its terms vary between insurers, both in terms of the risks included and the compensation limits and applicable deductibles.
Pay attention to policy exclusions
Even when there is coverage for natural phenomena, not all damages are automatically paid. Some policies exclude specific situations, such as vehicles parked in known flood zones or in locations marked as hazardous.
As explained by , there are also insurers that require that the event be classified as an exceptional natural phenomenon or that there be active weather warnings at the time of the accident.
Therefore, consulting the particular insurance conditions is essential before assuming that compensation will be guaranteed.
What should you do on site to avoid losing your right?
If a tree falls on your car, the first step is to ensure safety and contact the authorities to report the incident. This registration is crucial, both for insurance purposes and for a possible complaint with the local authority.
You must then collect visual evidence and report the accident to the insurer as quickly as possible, respecting the deadlines set out in the policy. The more complete the process, the greater the chances of seeing the damage compensated.
There is no automatic responsible
After a storm, not all damages are automatically responsible. Compensation is only possible if there is adequate insurance coverage or if it is possible to prove a maintenance failure on the part of the municipality.
Knowing what to do on site and knowing the policy limits can make all the difference between receiving compensation or bearing the cost of the damage alone.
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