Victims of flooding and floods - what do you do in such a situation? | Questions and answers, part 2

Dodano: 22-11-2022

Here is the second part of the article on what you should do if you have suffered damage as a result of flooding and floods.

We have received an undisputed amount and compensation, but not enough to cover all the damage. What do you do?

When disputing the amount of compensation offered, you should:

1. ask the insurer for an accurate estimate showing how the compensation was calculated: what elements were included and how they were valued. The insurance company is statutorily obliged to provide all information relating to the compensation procedure;

2. write a complaint to the insurance company - in the event of objections as to the value of the estimate, a real estate appraiser can help and in the event of legal doubts, the Financial Ombudsman. The latter can only take action after exhausting the complaints procedure.

How long does the claim settlement process take?

As a general rule, compensation should be paid within 30 days of the date of reporting the damage. This deadline may be extended only if it is impossible to clarify the circumstances necessary to establish the insurer's liability or the amount of the benefit. However, regardless of these inconveniences, within the aforementioned time limit we should receive the so-called undisputed amount and explanations as for what prevented the completion of the claim settlement process.

Compensation payment deadlines are regulated slightly differently for:

  • voluntary insurance: the insurance company must pay compensation within 14 days of the day on which, with due diligence, it was possible to establish responsibility and the amount of damage;
  • compulsory insurance of agricultural buildings: 90 days from the date of reporting the damage (unless the determination of liability or the amount of compensation depends on pending criminal or civil proceedings).

Within what period of time should I receive the insurance company's reply to my claim?

As a general rule, the insurance company has 30 days to respond to a claim from the date of its receipt. In particularly complicated cases which make it impossible to handle the complaint and give a response within the above time limit, the insurer shall explain to the customer the reason for the delay, indicate the circumstances that need to be established in order to consider the case and specify the expected time limit for considering the complaint and giving a response, which may not exceed 60 days.

In addition, the Financial Ombudsman may take action in the event of:

- failure to respond to the complaint within the statutory period;

- a negative response;

- failure to act on a complaint handled in accordance with the customer's will.

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