How to file a claim for insurance owing to damage caused by rain: An explanation of the "force majeure" clause
On Tuesday, storms flooded the UAE, resulting in the most rainfall the country has seen in 75 years. This is a record since climate records started being kept in 1949.
There was flooding over houses and buildings across the nation, with highways being submerged and in some cases completely wiped away.
Given the weather-related damage that has been done to cars and property, it's critical to know what resources are available to file an insurance claim in order to minimize costs and guarantee prompt repair.
Insurance in the United Arab Emirates
According to Article 1026 of the Civil Transactions Law, insurance acts as a legally enforceable contract between the insured and the insurance provider to reduce risks.
In the United Arab Emirates, the majority of insurance plans, including home and auto insurance, often cover rain-related damages to buildings and cars.
Rain and natural disaster-related damages, such as floods and heavy rain, are usually covered by comprehensive insurance plans.
Policies for homes and property that provide insurance against all hazards, including natural disasters, frequently cover rain-related losses.
The significance of policy analysis
It's critical to go over the insurance policy's wording carefully to comprehend the extent of coverage and any limitations.
Certain instances may be excluded, such as force majeure events, which are extraordinary occurrences outside of anyone's control.
Insurance claims and acts of force majeure
Natural disasters and other force majeure occurrences may have an effect on insurance claims.
Comprehending the clause: Force majeure is a legal term referring to unforeseen occurrences or situations that are outside the parties' control and prevent them from carrying out their responsibilities under the terms of the contract.
These are usually classified as natural catastrophes, war crimes, strikes, or other occurrences that are seen to be outside of human control.
Under certain conditions, a force majeure provision in a contract may release one or both parties from performing as agreed, shielding them from liability for nonperformance brought on by these unforeseeable occurrences.
According to Article 287 of the UAE Civil Transactions Law, the insurance company could not be responsible for damages if a force majeure event is not covered by the policy.
However, the insurance company can be required by law to compensate the insured if the policy expressly covers force majeure situations, such as natural disasters, rain damage, and other occurrences.
judicial precedents
The Abu Dhabi Court of Cassation made an important verdict in 2021 that emphasized the use of force majeure in insurance claims.
The court expounded that in order to qualify for exemption, harm must be solely caused by force majeure.
Problems relating to claims
Insurance claims may be challenged, particularly if the insured's carelessness or negligence caused the harm.
For example, driving through a flooded region or leaving a car parked in a flood-prone location might make it difficult to get insurance coverage.
Making successful insurance claims for losses brought on by severe rain and similar weather occurrences requires an understanding of the nuances of insurance coverage, including policy terms, limitations, and legal ramifications.
Claim car insurance
1. Obtain a ‘To Whom It May Concern’ certificate online:
- Visit the Dubai Police website or use the Dubai Police app to apply for the certificate.
- Provide details about your damaged vehicle and attach photos of the damage.
- Pay the fee
- Receive the certificate digitally within five minutes.
- Inform your insurance broker
2. Contact your insurance broker promptly to report the damage.
- Seek assistance in navigating the claims process and obtaining necessary instructions.
3. Document the damage
- Take photographs or videos of the weather-related damage as evidence. This documentation will help assess the extent of the damage accurately.
4. Submit required documents
- Provide copies of your vehicle registration card and a valid driving license.
Obtain the original police report describing the damage and submit it promptly. - Obtain repair estimates
- Share these estimates with your insurance broker for evaluation.
5. Follow the claims process
- Your insurance broker will guide you through the necessary paperwork and steps to complete your claim.
- Provide all required documents promptly and accurately to expedite the process.
house insurance
Home insurance, also referred to as property insurance or homeowners' insurance, acts as a safety net to safeguard your finances.
Home insurance in Dubai protects your possessions from a variety of threats, including as fire, theft, vandalism, and natural catastrophe damage.
It also covers personal responsibility claims brought about by mishaps on any kind of property.
Home Insurance Types
Construction-related Insurance:
Your home's walls, roof, foundation, built-in fixtures, and structural elements are all covered by building insurance.
Protecting your property from several threats including fire, lightning, explosions, earthquakes, theft, and vandalism that might compromise its structural integrity is what it offers.
Building insurance is especially important for homeowners since it protects their substantial real estate investment.
Insurance for Contents:
The primary goal of contents insurance is to safeguard your home's assets, including jewelry, appliances, furniture, and other personal items.
It includes loss, damage, and theft of these things from fire, theft, vandalism, and natural catastrophes, among other things.
Contents insurance is crucial for protecting personal property since it guarantees that possessions are protected from loss or damage.
Making a Claim with Your Home Insurance
Step 1: File an incident report
Report the damage to your house and its belongings, and provide the necessary paperwork.
Step 2: Evaluation of the Claim
After a report, we start the claim procedure for you.
We document the incident's specifics, evaluate your case, and offer advice on what to do next.
Depending on the type of loss, ADNIC Engineering Services Dept. may arrange for a survey or appoint a Loss Adjuster to conduct an inquiry.
Obtain a claim reference number in step three.
You should anticipate receiving an SMS with a claim reference number a few days after the claim is opened.
You will receive this number and the contact information for the closest repair shop.
Track the status of your claim by using the claim reference number.
Essential Records
Make sure you are prepared with all the information and paperwork needed to report the occurrence efficiently.
To notify your home insurance company of a claim, you will need:
Number of policy
Police report (if relevant)
The incident's time, date, and place
An account of the events
Value estimate for the loss
Form for claims
Based on the loss, more documentation could be needed.
Where to File a Claim
For convenience, report the occurrence via phone, fax, email, or online channels.
