Insurance Coverage for Damages caused by Filomena

As a result of the storm Filomena, many have suffered damages, both personal and material, that is why in this post we will analyze the damages that are covered by the Insurance Companies in this regard.

First of all, most of the damage that may have occurred to vehicles, homes or people will be covered by auto, health or home insurance policies, but also, from July 1st, 2016, all vehicles that had a policy of Automobile liability insurance in Spain were covered by the "Consorcio de Compensación de Seguros" (from now on CCS), which also takes the coverage of material damage that occurs derived from extraordinary risks. However, snowfall and the presence of ice are not considered an extraordinary risk, only earthquakes, floods, etc. are. Therefore, neither damage to people, nor material damage nor loss of income or loss of profits caused by snowfalls can be compensated by the CCS. For this reason, the CCS have indicated that it is preferable to go to private insurers for claims related to snow, which are usually covered by policies.

Furthermore, as a positive aspect, we could point out that, unlike what happens with wind or rain, with snow it does not have to be proven that certain levels were reached.

If you have the car insure only to cover damages to third parties, the policy will not cover the fall of a branch, and in principle it will cover the full risk insurance, having a period of 7 days to communicate the claims to the insurers.

Regarding personal injuries, numerous incidents derived from falls, knocks, or slips have already been reported. In this case, contingencies of this type would be taken care of by private insurance and all those with life insurance could attend. Even in some cases it would be possible to claim the City Council, but it would have to be proven that the road or where the accident had occurred was in poor condition, as well as a negligent action by the Administration, for not having started the plans envisaged for extraordinary weather situations, although this claim will probably not succeed in our opinion.

On the other hand, if there was a declaration of a catastrophic zone eventually as it is being discussed now by the authorities in Madrid, due to the large number of incidents that have occurred and the great difficulties that Filomena has brought with her, the CCS regulations stablishes that damages or claims that, due to their magnitude and seriousness, are classified by the Government as catastrophe will not be compensable by the Consortium. Therefore, if Madrid were declared a catastrophic area, the damages would be assumed by the Government, without anything being claimed from the CCS.

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