Blog

Authors:

  • Monika Gnacy-Witt

    Junior Associate, Duraj Reck & Partners Law Firm

19 September 2024

You don’t have to wait to remove the effects of flooding

In recent days, many regions of Polish have been affected by floods. In the face of such disasters, one of the first steps that the injured can take is to take advantage of the insurance protection resulting from the policy. In order to make it easier for the injured to obtain funds quickly, many insurers have introduced simplified claims handling procedures, accelerating the payment of claims. Importantly, you do not have to wait until the expert’s visit to remove the effects of flooding .

Reporting a claim

After the damage occurs, it is crucial to immediately report it to the insurer. This can be done in several ways: online, via a form available on the insurer’s website, by phone via the hotline or in person, e.g. in the insurer’s mobile offices. It is worth remembering that the sooner we file the application, the sooner the liquidation process will begin.

The most important element of the application is to attach photographic documentation. The more detailed and clear the photos, the easier it will be to assess the extent of the damage. Therefore, it is worth making sure that the photos cover all damaged areas. You may also consider recording a video to supplement your report with additional evidence. If a rescue operation has been carried out, it is worth attaching a copy of the report of such operations.

When reporting a claim, it is important to provide precise information, such as the date and place of the incident and a detailed description of the damage. It is worth preparing a list of things that have been damaged or destroyed. This will facilitate and speed up the process of verification of the claim by the insurer. You should also remember to provide the policy number and the bank account number to which the compensation is to be transferred.

Deadline for payment

Reporting a loss opens the liquidation proceedings, i.e. the process of assessing the reported loss. During the liquidation proceedings, the insurer determines the facts, assesses the legitimacy of the claim and determines the amount of compensation due. As a rule, the insurer is obliged to pay compensation within thirty days from the moment the damage is reported. However, if it is impossible to clarify the circumstances necessary to determine the insurer’s liability or the amount of the benefit within that period, the benefit should be paid within 14 days from the date on which it was possible to clarify these circumstances with due diligence.

No need to wait to remove the effects of flooding

Importantly, the injured do not have to wait for the expert’s visit to start work related to repairing the damage caused by the flood. A report, photos or videos taken after the incident are a sufficient basis for reporting damage and applying for compensation. However, it is worth remembering in such a case to collect damaged and destroyed items in one place until the expert arrives.

Simplified claims handling

Most insurers have introduced a simplified claim handling procedure. Compensation can be paid even on the same day, based on information provided by the injured party, photos or videoconference inspection. After the initial assessment, the insurer contacts the injured party and offers to conclude a settlement and pay the agreed amount.

However, before the injured party accepts the settlement proposal, it is worth consulting the contractor of the renovation works to obtain a cost estimate of the work. Thanks to this, we will be sure that the funds paid out will cover the costs of repairs. It is worth remembering that concluding a settlement ends the liquidation proceedings, and accepting a lower amount may prevent subsequent claims for additional compensation. If it is not possible to reach an agreement with the insurer in a simplified mode, there is always the possibility of using the traditional claim handling path, with the full participation of an expert and a detailed cost estimate.

The amount of compensation can be questioned

If the injured party does not agree with the amount of compensation, they can request a cost estimate from the insurer to check how it was calculated. This will allow you to assess which elements have been included and how they have been priced. In case of doubt, it is worth consulting a property valuer and presenting your own valuation as part of the complaint. If, as a result of the complaint, the insurer does not share our position, you can use the help of the Financial Ombudsman.

Liability of an insurance agent

Unfortunately, there are still situations in which, due to the insurance agent’s error, the injured are deprived of the opportunity to obtain due compensation. In such cases, the injured parties have the right to demand compensation for damage resulting from the agent’s improper action. Insurance agents who work with multiple insurers are required to have third-party liability (OC) insurance. In the case of the so-called exclusive agents, i.e. those who act for one specific insurer, the responsibility for any damage is borne by the insurance company they represent. In a situation where a dispute arises with an agent, it is worth using the help of a professional attorney – an attorney or legal advisor. Such a specialist will be able to precisely assess the legal situation of the injured party, as well as represent the client’s interests before the court or during negotiations with the insurer.

Read more on the blog:

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  • 31/10/2024

    Insurer’s obligations in the course of claim adjustment

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    Proper conduct of the claim adjustment process is the responsibility of the insurer, on whom the legislator has imposed certain obligations. In liquidation proceedings, the insurer may not limit itself to merely passively waiting for the insured to submit evidence; He must act actively to clarify all the circumstances of the case. Liquidation proceedings are not at the same time contentious proceedings in which the burden of proof could function within the meaning of Article 6 of the Civil Code. It is the insurer's task to assess the legitimacy of the injured party's claims.

  • 12/10/2024

    A common court or an arbitration court?

    Monika Gnacy-Witt

    Proper conduct of the claim adjustment process is the responsibility of the insurer, on whom the legislator has imposed certain obligations. In liquidation proceedings, the insurer may not limit itself to merely passively waiting for the insured to submit evidence; He must act actively to clarify all the circumstances of the case. Liquidation proceedings are not at the same time contentious proceedings in which the burden of proof could function within the meaning of Article 6 of the Civil Code. It is the insurer's task to assess the legitimacy of the injured party's claims.