Navigating Storm Damage: Your Guide to Property Claims and Legal Rights

A severe winter weather system has caused widespread flooding, property damage, and disruptions across Israel in the past 24 hours. While the system was not officially classified as a named storm, the impact has been significant, raising questions about legal responsibility and compensation. Ynet, with the help of legal experts in tort and labor law, has compiled a guide to help individuals navigate these issues.

For property damage, particularly from falling trees, vehicle damage due to flooding, or home damage from severe weather, the process of seeking compensation can be complex. If a tree falls on a vehicle, the owner can file a claim with their comprehensive insurance. Alternatively, if the tree was not properly maintained, the local authority may be held responsible, as courts have ruled that neglected trees falling in storms are due to maintenance failures, not force majeure. Similarly, if a tree injures a pedestrian, responsibility may fall on the local authority if maintenance was lacking, or on the building's committee, maintenance company, or gardener if the tree is on private property. In cases of flooding damage to homes or vehicles, claims can be filed with insurance companies. However, if the flooding resulted from inadequate drainage, the local authority or relevant drainage authority may be liable, as courts have established that authorities must be prepared for heavy rainfall and maintain drainage systems.

Insurance policies for homes typically cover storm damage like rain and hail, but may exclude damage from rain seeping through walls or ceilings. Disputes often arise over the definitions of "storm" and "flood" and whether structural defects contributed to the damage. For damage caused by power outages, the Israel Electric Corporation is not obligated to guarantee uninterrupted service but can be held liable if the outage resulted from proven negligence, such as poor maintenance or unreasonable delays in repairs, especially if the outage was prolonged.

Regarding workplace issues, if an employee cannot reach work due to severe weather, such as road blockages, the employer is generally not obligated to pay wages for the absence, though it cannot be considered a disciplinary offense. Employers are encouraged to consider remote work options. If a child's school is closed due to weather, the same principle applies regarding wages. If an employee is ill and cannot reach a doctor, a remote medical confirmation may be obtainable.

In all cases of damage, it is crucial to report the incident to the insurance company or agent promptly, document the damage with photos, and take steps to mitigate further losses. For significant damage, engaging a private appraiser is recommended. If a car slips and is damaged, comprehensive insurance may cover it, subject to policy terms and deductibles. If another vehicle causes the accident due to slipping, a claim can be filed against that driver's insurance. In cases of road hazards like potholes, local authorities can be held liable if the damage resulted from poor maintenance or negligence.