Damage to the house, roof and garden: When does which insurance pay?

Published on: March 11, 2022Categories: LegalTags: , Reading time: 6 min.
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Nora Wölflick writes about interesting, current topics for the Love & Law Blog at Recht 24/7.

Today Ylenia, yesterday Zeynep and the day before yesterday the flood disaster in the Ahr valley: extreme weather conditions are becoming more and more frequent. The main victims are homeowners and motorists. They have to have covered roofs, broken windows and damaged vehicles repaired. In 2021 alone, forces of nature caused damage amounting to around 33 billion euros across Germany. (Source: https://www.n-tv.de/wirtschaft/Naturgewalten-verursachten-2021-schwere-Schaeden-article23047534.html). Good for those who have the appropriate insurance in the event of damage. But which insurance pays out for storm damage? What costs are covered in detail and what should those affected do if the worst comes to the worst? This article summarizes the most important information.

Basis: When is wind considered a storm?

For storm damage to become an insured event, there must actually be a storm. A strong wind, on the other hand, is not enough. A strong wind is only described as "stormy" from wind force 8 - and only then does the insurance cover apply with regard to storm damage.nullWind force in Beaufort (Bft) | designation | speed | effects

  • 8 | Stormy wind | 62 to 75 km/h | Large trees are moved
  • 9 | Storm | 75 to 88 km/h | Branches break, tiles come off the roof
  • 10 | Severe storm | 89 to 102 km/h | Trees are uprooted, houses are damaged
  • 11 | Hurricane-like storm | 103 to 117 km/h | Major damage to houses and in forests
  • 12 | Hurricane | From 118 km/h | Severe devastation and damage

Storms and thunderstorms: Which insurance pays for which damage?

Three types of insurance come into consideration for damage caused by storms and severe weather. In addition to homeowners' insurance, these are comprehensive car insurance and liability insurance. Which insurance covers which costs in detail depends on where the damage occurred.

Storm damage to buildings

Roofs are covered, windows are pushed in and chimneys topple over: Such damage is covered by homeowners' insurance. This also applies to damage caused to outbuildings, such as a garage or garden shed. The situation is different in the event of backwater and flooding. If water enters the building and floods the cellar, the natural hazard insurance covers all costs incurred to repair the damage. You can take out this type of insurance as a supplementary module to your homeowners' or household contents insurance. It also pays for damage caused by:

  • Earthquake
  • Earth subsidence
  • Landslide
  • Snow pressure and avalanches.

Damage to the equipment

Damaged furnishings are also often the result of a storm. If your furniture is unusable due to flooding or electronic devices are broken, your household contents insurance will cover the costs incurred.

Who is liable for damage caused by fallen trees?

Severe storms often mean fallen or uprooted trees. Roads are blocked, gardens and houses are damaged. As the person affected, you are now faced with the question of who will pay for the damage caused. First of all, this depends on who owns the tree and to which property the damage was caused. If your own tree is the cause of damage to your residential property, your homeowners' insurance will cover the costs of repair and maintenance. This also applies if someone else's tree damages your garden or residential property. But beware: payment is often preceded by an assessment of whether there has been a breach of the duty of care. House and property owners are obliged to comply with their statutory duty of care. For example, if your neighbor has not adequately secured or felled a rotten tree and it damages your residential property during a storm, your neighbor's liability insurance is responsible.

Who pays for storm damage to the car?

Storms often cause devastating damage to vehicles. Be it due to fallen trees or blown objects. The repair costs incurred are usually covered by your partially comprehensive insurance - but only for storm damage from a wind force of 8 bft. With fully comprehensive insurance, damage may already be covered at lower wind speeds. Both insurances cover damage to the parked vehicle and damage caused while driving. But beware: If you park your vehicle in a high-risk area despite a storm warning, this is considered negligent. Your insurance will only pay if gross negligence is included in the contract.nullYour insurance will only cover damage caused while driving if you can prove that flying debris was blown directly in front of your car. However, if you drive into a tree that has been uprooted by the storm and has been lying on the road for some time, only fully comprehensive insurance will cover the damage. If you only have partially comprehensive insurance, you will be stuck with the costs.nullOur tip: Storm damage - especially to motor vehicles - always harbors potential for conflict. Some insurance companies do not settle claims or only settle them to a limited extent, relying on different court rulings. For this reason, it is advisable to have the claims settlement and any settlement offers from your insurer checked by a lawyer. Our legal advice service is available to you around the clock. You will receive full written advice on your legal issue within 24 hours. On request, our lawyers will represent you in court - anywhere in Germany and at a fixed price agreed in advance.

Checklist: Damage caused by storms - what those affected should do

To avoid disputes with the insurance company, you must act prudently in the event of a claim.null1. you are obliged to refrain from doing anything that could make it more difficult for your insurer to assess the damage. Otherwise you risk losing your insurance cover.null2 To avoid consequential damage, sources of danger must be eliminated or secured. For example, if your cellar has been flooded, you should start scooping it out as soon as possible. If the roof is covered, at least make a makeshift seal. If a tree threatens to fall, it must be felled or pruned as quickly as possible.null3. document all damage in as much detail as possible. For example, with the help of photos and/or videos.null4. contact your insurance company immediately and report all damage truthfully. Ask your insurance company for instructions on how to proceed. Broken items should only be disposed of after consultation to ensure adequate documentation of the damage.null5 Orders for tradesmen to repair and rectify the damage should be issued in as much detail as possible. In particular, the scope of the order, the execution date and the remuneration should be set out in writing.

Storm damage: the most important facts in brief

  • Storm damage to residential property - e.g. caused by a fallen tree - is covered by your homeowners' insurance.
  • Your household contents insurance covers damage to your contents.
  • If your property is damaged by the storm, your liability insurance will cover the damage.
  • Storm damage to your car is covered by your comprehensive car insurance, but only from wind force 8.
  • To avoid trouble with your insurer, you should carefully document damage to your home, garden and vehicle.
  • If you deliberately provide false information, your insurance cover may lapse.

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