The strong windstorms They are becoming increasingly frequent, and leave in their wake not only broken blinds, but also structural damage to homes, vehicles, and businesses. After a storm of this magnitude, the big question arises: Who is responsible for the spending?
En Vosseler Lawyers We know that dealing with insurance companies can be a frustrating process. That's why we've prepared this practical Guide so you know exactly what steps to take and how to protect your rights.
Immediate steps after suffering storm damage
Acting quickly is essential for your claim to be successful. If you have been affected, follow this protocol:
1. Collection of graphical evidenceBefore moving a single piece of rubble or carrying out any cleaning, **document everything**.
- Take high-resolution photos and videos from different angles.
- Do not throw away damaged items until the insurance company's expert has given them the go-ahead.
- If the wind has affected common elements (in a community of neighbors), make sure the administrator is also aware.
2. The 7-day deadlineTime is running out. The standard legal deadline to report a claim to your insurance company is 7 calendar days. Even if you can't find your physical policy number, call your agent or the assistance line; they can open a claim with your ID.
3. Emergency repairs. If the damage poses a safety risk (such as a broken window or a leak), you can carry out emergency repairs. However, it is vital that you **keep all invoices and estimates**. These expenses are recoverable and form part of the total compensation.
Who should pay the compensation?
Not all claims are directed to the same entity. Who is responsible for payment will depend on the wind speed recorded in your area.
| Wind Type | Intensity / Threshold | Responsible for Compensation |
|---|---|---|
| Ordinary Winds | Below the legal limits (according to the policy) | Your own insurance company |
| Extraordinary Winds | Gusts exceeding 120 km/h (or Consortium limits) | Insurance Compensation Consortium (CCS) |
For the Consortium to intervene, it is necessary to have a valid insurance policy and be up to date with payments, since this organization is funded by the surcharges we pay on our bills.
What to do if the insurance company offers less than what is due?
It's common for companies to try to use exclusion clauses or minimize the damage assessment through their experts. Remember that:
- You are not obligated to accept the first offer: If the compensation does not cover the actual cost of the repair, you have the right to challenge it.
- Second expert reportYou can request an independent expert assessment to verify the damages.
- Clause reviews: There are often coverages for "cosmetic damage" or "loss of profits" (in businesses) that companies do not mention upfront.
Do you need legal help with your claim?
At Vosseler Abogados we specialize in Insurance Law. We analyze your policy in detail to ensure that the "fine print" doesn't leave you without the compensation you are entitled to by law.
Don't let the storm affect your wallet too. If your insurance company is giving you trouble or you think the compensation is insufficient, we'll defend your interests.
Has your insurance company rejected your wind damage claim? Contact Vosseler Abogados now and we'll conduct a preliminary review of your case.
