Insurance and natural (or technological) disaster

Verified 16 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Recognition of the state of natural disaster: new rules

Published on 2 January 2023

The decree no. 2022-1737 of 30 december 2022 specifies the formal arrangements for decisions to recognize a state of natural disaster. It details the rules on the composition, organization and functioning of the advisory committees for monitoring and decision-making support in this area.

These new measures have been in force since the 1st^er January 2023.

This page is being updated.

You can be compensated for a disaster caused by a natural or technological disaster if you are insured for these risks. But in order for the insurer to be able to compensate you, an interdepartmental order must recognize the state of natural or technological disaster. Once the interdepartmental order has been published in Official Journal, you must report the claim to your insurer as soon as possible. The amount of compensation is limited and is paid in 2 stages.

The rules differ depending on the situation: natural or technological disaster.

Natural disaster insurance is an insurance that allows you to be compensated for damage caused by natural disasters (earthquake, floods, drought, landslide, mechanical action of waves...).

It is not included in compulsory insurance and is therefore not included in contracts basic insurance.

However, it is included in the insurance "multi-risk housing".

An insurer has no right to refuse you to take out the "natural disasters" guarantee.

If this was the case, when you subscribe to your contract or when it is renewed, you can contact the Central Pricing Bureau (BCT) within 15 days of the notification of the refusal by the insurance company. You must do so by registered letter with acknowledgement of receipt.

The BCT may require the insurer to cover you against the effects of natural disasters.

If the risk is significant or if it has specific characteristics, the BCT may ask you to present one or more insurance companies to the BCT for the purpose of spreading the risk among them.

Have taken out natural disaster insurance

The first condition for compensation for damage caused by natural disasters is to be insured against this risk. Either by a special subscription or by joining a contract which automatically includes it, such as insurance "multi-risk housing".

Natural disaster order published

Even if you are insured against natural disasters, this is not enough to obtain compensation for your loss from the insurance.

In addition, an interdepartmental natural disaster order must have been adopted and published by the government in Canada. Official Journal. The order specifies the areas affected by the disaster, the periods at which the events occurred and the nature of the damage caused by the natural disaster.

The mayors of the municipalities affected by the natural disaster ask the prefecture that their municipalities be covered by the natural disaster decree.

You must therefore file a claim with your insurer as soon as possible and send a copy to the City Hall. This will enable the mayor of your municipality to ask the prefecture for classification as a natural disaster zone.

You must send the claim to your insurance company or insurance broker who manages your contracts no later than 10 working days after the publication of the Order in Official Journal.

The details of the insurance are recalled on the receipts or in the contract.

The declaration must be sent by registered letter, preferably with acknowledgement of receipt. If necessary, provide a copy of this letter to your insurance agent or broker.

You must include the following in the letter:

Surname, first name and address
Insurance Contract Number
Description of the claim (nature, date, time, place)
Encrypted list of all lost or damaged objects, accompanied by documents proving the existence and value of the goods (e.g. invoices, photographs)
Damage to others (for example, if a tree on your property fell and caused damage to a neighbor)
Victim contact information if available

FYI

if you are responsible for the repair (partial or total) of your goods, you must keep the material purchase invoices for them to be taken into account by the insurer.

Keep damaged items, as they may be examined by the insurer or designated expert during the forensics.

You're insured

You must contact your insurance company or insurance broker who manages your contracts no later than 10 working days after the publication of the Order in Official Journal.

Their contact details are recalled on the receipts or in the contract.

Send your return by registered letter, preferably with acknowledgement of receipt, to your insurer. Optionally, provide your insurance agent or broker with a copy of this letter.

In particular, please indicate in this email:

Surname, first name and address
Insurance Contract Number
Description of the claim (nature, date, time, place)
Encrypted list of all lost or damaged objects, accompanied by documents proving the existence and value of the goods (e.g. invoices, photographs)
Damage to others (for example, if a tree on your property fell and caused damage to a neighbor)
Victim contact information if available

FYI

if you are responsible for the repair (partial or total) of your goods, keep the material purchase invoices so that they are taken into account by the insurer.

Keep damaged items as they will be examined by the insurer or the designated expert during the test.

You're uninsured

You can benefit from the overseas relief fund. You have to go to your city hall to find out how to do it.

Who shall I contact

Town Hall

Limitations of compensation

You are compensated only for the goods covered by your contract, and within the limits of the guarantee ceilings.

For example, you will not be able to use your multi-risk home if it is your vehicle that has been damaged, because this insurance does not cover the vehicle.

You will only be compensated for direct costs (e.g. the price of the destroyed car). The indirect costs will be at your expense (immobilization of the vehicle and absence of enjoyment).

Franchises

When the Natural Disaster Guarantee comes into play, a frankness applies.

This statutory relief is differentiated according to the nature of the damaged goods.

For personal property, the deductibles are as follows

€380 for dwellings or any other non-professional use
€1,520 whether the damage is due to ground movement as a result of drought or soil rehydration

Insurance must pay you a reserve on your benefits within 2 months after the date of return of the estimated condition of the damaged property or losses incurred.

If the publication of the Natural Disaster Order is after the restoration of the estimated condition of the damaged property, the provision must be paid within 2 months that follow the date of publication of the order.

Insurance must pay compensation within 3 months which follow the effective date of delivery of the estimated condition of the damaged property or losses incurred.

If the publication of the Natural Disaster Order is after the restoration of the estimated condition of the damaged property, the compensation must be paid within 3 months that follow the date of publication of the order.

In addition, where the storm has rendered the house uninhabitable, the insurer may cover the cost of rehousing where the insurance contract provides for a guarantee of rehousing or babysitting costs (assistance guarantee costs).

FYI

more advantageous provisions may be included in your contract.

A technological disaster concerns accidents involving the following works:

Classified installation (subject to declaration or authorization, e.g. Seveso)
Underground storage of hazardous products
Vehicle for transporting dangerous goods

The guarantee can be used if the following 2 conditions are met:

At least 500 homes were rendered uninhabitable by the accident
A technological disaster order is issued in the Official Journal

Insurance against technological disasters is not included in compulsory insurance. Thus, if you have purchased a basic insurance, you will not be guaranteed against this type of disaster.

On the other hand, this guarantee must be included in all contracts multi-risk housing.

You should talk to your insurance company or insurance broker who manages your contracts within 5 working days depending on the disaster.

Their contact details are recalled on the receipts or in the contract.

Send your return by registered letter, preferably with acknowledgement of receipt, to your insurer. Optionally, provide your insurance agent or broker with a copy of this letter.

Include the following in this e-mail:

Your contact details (name, address)
Number of your insurance contract
Description of the claim (nature, date, time, place)
Estimated condition of destroyed or deteriorated furniture and articles
Description of damage (material or personal injury, importance)
Victim contact information if available

If you own an affected property, the insurance must compensate you without applying of deductible and without ceiling. If repairs are not possible, it must compensate you to enable you to obtain an equivalent property in the same geographical area.

For movable property, the insurance must cover its repair (repair or replacement), without any deductibles or aging coefficient.

If your home is not secured against this risk, the Compulsory Insurance Guarantee Fund (FGAO) compensate property damage under conditions.

Please note

the guarantee technological disasters does not cover outbuildings (garage, garden shelters, barn...), nor movable property found there.

You will have to justify the damage you have suffered. Therefore, all objects that were damaged in the disaster, even damaged or burned, must be retained. It is also necessary to collect everything that can identify the damaged or destroyed goods in the disaster (invoices, photos, guarantee vouchers...).

Before the expert's visit, you can have the premises refurbished and quoted.

Check with your insurance company to see if it allows you to start refurbishment work before an expert comes.

In the majority of cases, a expert is mandated for a quick settlement.

If damage is low, testing may not be mandatory.

You must be compensated within 3 months from the date of delivery of the estimated condition of the damaged property or the date of publication of the technological disaster order.