Storms in Germany: What owners must consider for insurance in the event of severe weather damage and tenants must consider when reducing rent

1. What counts as severe weather damage and when does the insurance company pay?

Severe storms are no longer uncommon in Germany. Whether it's storms, heavy rain or hail: Such extreme weather conditions can cause significant damage to homes, furniture or vehicles. But when does insurance start talking about severe weather damage at all? As a rule of thumb, wind speed of at least 8 (62 km/h) must be verifiable according to most insurance conditions. Objective proof — ideally in the form of a “weather report” from the German Meteorological Service (Link to DWD) or the local weather station — is essential to secure claims.

‍

2. Documentation: How to properly secure your claims

‍

After a storm, the more carefully you document, the better your chances of successful claims settlement. Owners and tenants should:

‍

• Prompt photos and videos from all damage (house, furniture, car).
• Make an “aide-memoire” (Condition before - afterwards, when were you aware of severe weather warnings, what did you do in preparation for the storm)
• Date, time and exact location of damage hold on.
• Documenting weather conditions — such as newspaper reports, weather data, damage to neighboring buildings.
• Seek help from witnesses (Write down a summoned address of the witnesses)
• Exchange with other injured parties (Witness statements, photos from the neighborhood).

Complete documentation is also important if the insurance company has questions or delays regulation. Remember to keep all documents, reports and invoices. Make digital copies of your documentation to prevent loss! You can then also easily send us the documents via our client onboarding https://willkommen.kanzlei-depenbrock.de.

If you have witnesses, please note down their summonable address. Ask the witnesses to provide written summaries. Court cases can often only arise months or years after a damage event and witnesses could lose memories of important details. These “aide-memoirs” can make the difference between “prevailing” and “succumbing” in court proceedings.

‍

3. Which insurance companies are effective — and where are typical pitfalls lurking?

‍

Not all insurance covers all severe weather damage:

‍

• Home insurance protects furniture and valuables in the home — but only against certain risks such as storms or hail, often only after wind force 8.
• residential building insurance covers damage to the house and the permanently installed parts.
• Elementary damage insurance is required as an additional component to protect yourself from consequences such as flooding, heavy rain or landslides. Here, the conditions and service exclusions are often complex!

For vehicles: Only partial comprehensive insurance covers severe weather damage, such as those caused by storms, hail or floods.

‍

Common stumbling blocks:

‍

• Insurance requires detailed evidence (weather report!).
• Late damage is reported too late.
• Incorrect or incomplete information in the damage report.
  If you are unsure which policy applies or whether your insurance company is unjustifiably delaying regulation, a legal review can provide clarity.

‍

4. Rights and obligations for owners and tenants following severe weather damage

‍

‍proprietors must report damage to the insurance company immediately, provide temporary protection (e.g. cover holes) and secure all repair documents.

tenants have the right to a rent reduction in the event of significant impairment — provided that they report the damage immediately to the landlord and document everything carefully.

Example: If the apartment is uninhabitable due to the storm, the rent for this period can be completely reduced (up to 100%) in consultation with the landlord. In other cases, a partial reduction may be appropriate. Attention! If you make an excessive rent reduction, you will be in default even without warning from the landlord. This can add up to a cancellation-relevant amount and you risk terminating your rental agreement. Minimize your risk by getting advice.

‍

‍

Important: A precise legal assessment is often required — for example, how severe the loss of use actually is or which reduction is appropriate. Individual legal advice, which we would be happy to offer you, is worthwhile here.

‍

‍

5. Tax, compensation and what to do if insurance does not pay

‍

‍

Is no service provided despite complete documents or is there no (suitable) insurance available at all? In some cases, the federal and state governments offer assistance programs for people affected by severe weather, for example, at BBK.

Be sure to note: Invoices for repairs and repairs can often be claimed for tax purposes — for example as an exceptional burden. This is where the details matter.

Disputes are often hidden in insurance conditions or the damage is wrongly denied. Then it is advisable to seek expert legal advice in order to meet deadlines and enforce your claims.

‍

‍

6. When is legal support from a lawyer worthwhile?

‍

Severe weather damage and trouble with insurance, uncertainty about rent reductions or problems with repair costs? Many detailed legal issues are best resolved professionally. As a lawyer with many years of experience, Attorney Depenbrock knows what is important when communicating with insurers and landlords — and how to fully secure your claims.

‍

Would you like an individual review of your case, assistance in settling claims or help with enforcing your claims? Then get in touch and get comprehensive advice.

‍