Intense storms, floods and mudslides have caused damage to numerous vehicles in many places in recent days. Whether an insurance company pays out depends on the type of vehicle, the insurance contract and the person responsible.
“If you only have liability insurance, you will not receive any money from the insurer in the event of storm damage. Damage caused by natural forces is usually only covered by fully or partially comprehensive insurance for motor vehicles,” explains ÖAMTC chief legal officer Martin Hoffer. Damage to bicycles and e-bikes is normally covered by household insurance. In all cases, the following applies: Document vehicle damage as well as possible and report it to the relevant insurance company immediately. However, if the damage was caused by a third party, they are liable primarily if they were at fault. For example, if construction companies or advertising companies have installed their scaffolding and billboards incorrectly. Even if loose roof tiles or trees fall on a parked car, the owner of the property in question could be held liable. “If damage is caused to the vehicle by loose objects in the road space, the road maintenance company (federal state or municipality) is liable if it can be proven that they were grossly negligent – for example, gross omissions in securing a flood site. Motorway operators and landlords of paid parking spaces are liable even for minor negligence,” says Hoffer. Since May 1, 2024, there has been a certain difficulty for the injured party in the case of damage caused by trees: here, too, fault must now be proven; previously, the burden of proof was reversed.Comprehensive and partially comprehensive insurance – check the policy, report damage immediatelyWith comprehensive and partially comprehensive insurance, the insurance company covers the repair costs and also the towing costs to the nearest suitable workshop. Depending on the insurance provider and contractual arrangement, deductibles are also possible. The correct procedure is important for the insurance company to cover the costs: “The damage must be reported immediately. Documentation with photos is an advantage, especially with all the details of the damage,” says the legal expert. If someone else is responsible for the damage, it is advisable to name witnesses.However, insurance companies also have their limits: if the car was parked in a vulnerable place, e.g. under an obviously rotten tree, the insurance company could refuse to pay out due to gross negligence. However, if you were caught by a storm or if you were unable to remove the vehicle from the danger zone to the best of your knowledge and belief, the situation is different. If the vehicle is a total write-off, this is particularly annoying for older vehicles, as the maximum that is usually replaced is the current value.
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