Claims for Rainfall Damage in the UAE

Rain Damage Claims in the UAE: Ensure your insurance covers heavy rain and thunderstorms. Understand legal frameworks and review your policy details.

Life is all about riding out storms, but when these storms unleash more than just rainfalls, then comes the realization, pouring in with regard to insurance coverage. In this legal insight, we will look to bring clarity over the scope of an insurance policy vis-à-vis rain-induced chaos and resultant rain damage claims in the UAE by untangling the legal nuances so that you may understand your rights and obligations.

Article 1026 of the Civil Transactions Law
At the core of the case is Article 1026 of the Civil Transactions Law, denoting the insurance to be the agreement by both parties—the insured and the insurance company—facing a risk or accident that has been insured. This article shall form the basis for possible claims resulting from damages by rains on homes and vehicles.

Key Takeaway: In case you have a comprehensive coverage motor vehicle policy, including rain damage and other natural disasters, be comforted that damages will likely be covered. Again, in the event that a homeowner has a policy covering all risks, inclusive of natural calamities, such damages may be covered.

Decoding Force Majeure
One of the most important elements in any rain damage claim is the force majeure clauses. Article 287 of the UAE Civil Transactions Law provides for no liability on the party if a loss results from an event beyond the control of one of the parties, including any natural disaster. The provision, however, is not a carte blanche defense.

Insight: The Abu Dhabi Court of Cassation, in its judgment in case number 512 of 2021, reiterated that for exemption, force majeure should be the direct exclusive cause of damage. This makes the requirement for policies’ wordings and coverage against force majeure events to be carefully scrutinized very important. If your insurance policy explicitly states that it covers damages resulting from rains and natural disasters, then the legal obligation for indemnification of the insured comes paramount.

The Devil in the Details: Fine Print and Exclusions
Not reading the fine print of your policy is like walking into a dispute—the probable ones—with a legal flashlight off your face. The terms of the policy are conditional on the coverage, while some are totally outside the scope. Lack of awareness of the fine details at the point of purchase of a policy may mean unpleasant surprises when filing for claims.

Cautionary Note: Exclusions may be applicable under certain circumstances, including force majeure events. There is a need to understand that force majeure events are circumstances beyond one’s control, extraordinary. Where such events are excluded, then Article 287 offers a possible defense for insurers. Understanding the nuances of insurance claims in the wake of rain damage is just half of the battle. Following are some practical pointers to increase the chances of success when claiming:

Detailed Documentation: After the rain damage has occurred, document it well in terms of the amount of damage. These photo and video records, together with detailed notes, may prove very useful at some point during the claims process. Ensure that all the evidence being presented is relevant to what the insurance covers.
Insurer Communication: Be open and clear with the insurance company. Give them timely notification of damages, clear and precise, as early as possible. Be proactive in seeking clarification on any uncertainties in your policy. This clarity of communication may help in the claims procedure.
Legal Consultation: This is an essential step in case of complications or disputes arising with the claim. A UAE-based legal consultant can help decipher the fine print in your policy to ensure that your interests are taken into consideration and can handle possible legal complications.
Conclusion:
It is sufficient to say that generally, most insurance policies in the UAE cover damages caused by heavy rains and thunderstorms. The devil, however, lies in the fine detail. Here, one must understand the law, more so Articles 1026 and 287. A fine review of your policy fine print is thus not only advisory but a requirement in law. Be it damages to your vehicle or home, knowledge of the law will definitely see you through confidently on the compensation procedure.