Insurance and natural (or technological) disaster

Verified 28 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

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. We present you with the information you need to know. The rules differ depending on the situation: natural or technological disaster.

Natural 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.

The guarantee may only be used if you have taken out a natural disaster insurance contract and a natural disaster order has been published in the Official Journal.

Natural disaster insurance

The first condition to be compensated in case of 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

Being insured against natural disasters is not enough to be compensated.

In addition, an interdepartmental order recognizing the state of natural disaster must be published in Canada Official Journal.

The order will tell you if your home is one of the homes affected by the natural disaster.

It specifies the municipalities recognized as being in a state of natural disaster, the periods during which the events occurred and the nature of the damage caused by the natural disaster.

Procedure

The inter-ministerial decree recognizing the state of natural disaster is taken by several ministers, following requests made by the mayors of the municipalities concerned.

If you are a victim of a natural disaster, you must to make a claim with your insurer and ask in parallel to your town hall request that the municipality be classified as a natural disaster area.

Mayors of the municipalities affected by the natural disaster must send their records of natural disaster recognition with the prefects of the department within a maximum period of 24 months after the events.

Each prefect must make available to the communes a referent Natural disaster responsible for managing the consequences of natural disasters and their compensation.

The Natural Disaster referent also has the task of facilitating exchanges between local authorities, government departments and insurers.

It must also inform local authorities, residents and disaster relief organizations in the department about the prevention and management of the consequences of natural disasters and about assistance schemes.

Publishing

The order recognizing the state of natural disaster must be published in the Official Journal in a two-month period from the date of submission of the application by the municipality.

He must present the grounds on which the authorities have taken their decision, and mention all possible remedies and the time limits within which they must be exercised.

The Order must also contain ways and means by which administrative documents may be requested on which the ministers based their decision.

These are essentially the opinions of the Interministerial Commission for the Recognition of the State of Natural Disaster.

Metropolis

You must file your claim with your insurance company as soon as you become aware of the event, and no later than 30 days (no longer 10 days) after the publication of the Natural Disaster Order in the Official Journal.

If you have taken out operating loss insurance, you must file a claim for that guarantee within the same period.

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)
  • Estimated loss if you have taken out operating loss insurance
  • 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.

Overseas

You're insured

You must file your claim with your insurance company or insurance broker who manages your contracts.

Since 1er January 2023, you must send it as soon as possible and at the latest 30 days (and no longer 10 days) after the publication of the order in Official Journal.

If you have taken out operating loss insurance, you must report the claim related to this guarantee within the same period.

The details of the insurance 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

The amount of compensation is calculated according to your loss and the terms of the contract.

Often this amount does not cover all of your damage, as there are costs that are sometimes excluded from compensation by contract clauses.

In addition, warranty limitations and deductibles may apply when compensating the costs covered by the contract.

Costs not covered by the contract

You are only compensated for the goods covered by your contract.

For example, you won't be able to use your home property and casualty insurance if only your vehicle has been damaged, because it doesn't cover the vehicle.

Coverage of emergency relocation costs

Indirect costs (in particular those related to the temporary absence of use of the property affected) are not compensated.

There is an exception for emergency relocation expenses due to the unavailability of your primary residence.

Since November 28, 2023, you may be compensated for the costs that you engage in following the natural disaster to house the inhabitants of your main residence.

Limitations of compensation

Compensation for the damage you have suffered as a result of the natural disaster shall be within the limits of the guarantee ceilings laid down in the insurance contract.

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 if the damage is caused by a movement of land 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.

Technological Disaster

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 has been issued in 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.

Please note

The contract may provide for a more favorable period.

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