How to claim if you are affected by a forest fire?

Once again this summer, our country is once again suffering the effects of fire, and many people have been affected by the damage to their homes, vehicles and land. For this reason, today we clarify some aspects that you should bear in mind if you have to make a claim.

What does the insurance policy cover in a fire?

If there is a fire that causes damage to your property and you have an insurance policy that covers this contingency, you will be able to make the corresponding report (for which you will have a period of seven days, unless the policy has established a longer period) and if possible try to reduce the consequences, conserve what you can so that an expert can make the necessary valuations (it is advisable to obtain a photographic report of what cannot be conserved) and if a controversy arises later regarding the quantification or even the coverage itself, you can make the insurance claim.  

Regardless of whether the fire has been caused by a person, who has the obligation to compensate us, the insurer will be responsible for the affected person to be compensated for the damages suffered, as it is very possible that the causer does not have sufficient solvency to pay for the damages, even if he has been condemned.  

If you do not have a fire insurance policy, or if the responsible party is insolvent, without civil liability insurance or with a policy that guarantees his civil liability but with an insufficient amount to cover the total compensation, nobody will cover or take responsibility for the damage suffered unless the Government, by Royal Decree, agrees to some kind of aid, or if the territory is declared a catastrophic area due to a civil protection emergency.

It should be taken into account that, if you have taken out a mortgage, the Mortgage Law obliges you to have insurance, at least for fire, the value of which must be for the building (it covers the structural elements of a home).

Claiming damages 

If your insurance covers you against fire, whether it is a piece of furniture or a car, and there is a fire that has caused damage to the property, it will be the insurer who will assume the fire cover. If the fire is accidental and you do not have insurance, you will not be able to claim against anyone. If it is intentional and the perpetrator is located, you will be able to claim against him if he is solvent.You also have the possibility of claiming compensation in those cases in which the conduct does not constitute a crime, but is the result of negligence and for the situation in which the responsible party has civil liability insurance, the injured parties can take direct action against the possible insurance company of the responsible party.

In all cases in which there is insurance that covers the risk of fire, the insurer will send an expert who will make an evaluation of the damage, and once the expert report has been drawn up, the corresponding compensation will be paid.  

To whom and how can those affected by the fire claim?

The injured parties with material and/or personal damages will have the possibility of claiming the corresponding compensation according to article 1902 and following articles of the Civil Code. 

On the other hand, the insurance companies with which those affected have a home insurance policy will have to assume the material damage suffered (depending on whether it includes building, contents or both) and, if applicable, the provisional accommodation, the cost of the fire brigade, the removal of furniture and the reconstruction of the home (in the case of total destruction).Apart from the coverage of damages in the policies and in the event of being able to identify a person responsible for the damages, the injured party would have direct action against the insurance company, which would guarantee the Civil Liability of the same and, therefore, that insurance company would have to assume within the limits established in the policy.

Insurance Compensation Consortium 

If you do not have insurance, unless you can claim the expenses from the person who caused the fire, you do not have the option of requesting payment of the damages from the Insurance Compensation Consortium, as would be the case in other types of situations:  

- Earthquakes, extraordinary floods, volcanic eruptions, atypical cyclonic storm and falls of sidereal bodies. 

- Those caused violently as a consequence of terrorism, sedition, riot and public disturbance. 

- The events or actions of the armed forces and security corps in times of peace. 

Therefore, cases of fire are not considered as extraordinary risk, which means that they would not be covered by the Insurance Compensation Consortium.  

What the Consortium does cover is compensation when injuries occur to people who participate in the extinguishing tasks, whether they are injured or dead, according to article 49 of the Forestry Law.

Does the home insurance policy cover the damage caused? 

Home insurance, when it includes fire cover, obliges, within the limits established in the law and in the contract, to compensate the damage caused by fire to the insured object described in the policy.

We remind you that it does not cover if the fire has been intentionally provoked by the insured person. 

If I have a mortgage, do I still have to pay it?

The disappearance of the property does not imply the elimination of the loan and, in this case, the solution proposed by the insurance company will be used. Articles 40 and following of the Insurance Contract Law regulate the rights of mortgage creditors. If there is a mortgage, the bank has a special right as a preferential creditor before the insurer.

In short, the insurance company would liquidate the insured for reconstruction if the bank does not object. In case of disagreement between the bank and the debtor, the insurance company would refer the case to the court.

If you have been affected by a fire and the insurance company does not listen to you, contact us.