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Floating car: insurer is obliged to cover damages caused by floods

1/31/2017

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

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To follow exactly what has been answered in the insurance risk assessment questionnaire is essential to ensure coverage

Updated 1/19/2017

Ever imagined leaving your car parked in a seemingly safe place and when you come back, come across it floating in the flood? This situation is not as uncommon as most people realize, and it happens mostly during the summer when heavy rains are more frequent. 

This situation can be scary, however, if the vehicle has insurance, you can breathe with relief. Under the rules of the Superintendency of Private Insurance (Susep), the body responsible for regulating the sector, all insurance must cover damages caused by flooding or flooding. 

In 2004, Susep included in the list of compulsory coverages of vehicle insurance the total or partial submersion of the vehicle. Since then, all insurers are required to cover this type of incident (the roll also includes coverage against collision, fire and theft). 

Exclusion of coverage 

Although this type of incident is covered, it is important to warn that there are situations that the insurer can refuse compensation. 

For example, if you have been informed in the risk assessment questionnaire that the car is always in the parking lot and flooding happens just when the car is in the street, for example, the consumer may lose the right to compensation. 

Another important point is not to exacerbate the risk. That is, if the consumer tries to cross a flooded street and the vehicle is damaged, for example, the insurer is not obliged to cover the damage. 

What to do 

When discovering that the car has been invaded by water, the consumer should immediately contact the insurer, who will analyze the damages. 

If the damages are partial, the insurance will only cover the cost of the repair. If there is a total loss, the insurer will refund the full amount of the vehicle, without deductible deductible. 

Consumers who do not have vehicle insurance generally get the loss. Public agencies are not responsible for flood damage. 

Tree fall 

Another common incident in the period of heavy rains is the parked car being struck by a fallen tree. In this case, insurance coverage depends on what is provided in the policy. 

Susep Circular 306/2005 provides for coverage for "downtime on the vehicle", but it is not mandatory. 

It is worth mentioning that if a tree falls in a vehicle that does not have insurance, the citizen can request repair to the local city hall. However, the situation does not characterize consumer relation, and, therefore, the rules of the Consumer Defense Code, but of administrative law, do not apply. 

Possibly, it will be necessary to call the Justice and to gather evidence to prove that the fall was by omission of the city hall.

 

Source: Idec

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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