My car submerged in rainwater, insurance company refuses to pay, what are my rights?

Question 1:
I insured my vehicle under a comprehensive insurance policy that covers loss and damage. A year ago, my vehicle was completely destroyed after being submerged in rainwater. The police report confirmed that the incident occurred beyond my control. I requested the insurance company to compensate me for the vehicle’s value as stated in the policy, but they refused, claiming I failed to take necessary precautions to protect the vehicle from loss or damage. Am I entitled to receive compensation from the insurance company? What steps should I take?

Answer 1:
Based on the circumstances described, you may be entitled to compensation from the insurance company, as per the value stated in your insurance policy. You should consider filing a formal complaint or legal claim before the Insurance Disputes Settlement and Resolution Committee.

According to the general conditions of the standard comprehensive insurance policy, the insured is obligated to take reasonable precautions to maintain the vehicle in a usable condition. Compliance with all policy terms, including actions to be taken or avoided, is essential for eligibility to claim compensation.

However, the evaluation of whether these precautions were reasonably taken, whether the damage resulted from an accident or negligence, and whether there was any fraudulent intent on the part of the insured, are factual matters. These are typically assessed by the competent court. Notably, bad faith is not presumed and, under Article 1 of the Evidence Law, the burden of proving bad faith or negligence lies with the insurer.

You may also request the appointment of a technical expert to examine the circumstances of the incident and verify the findings of the police report—particularly the fact that the damage occurred due to an uncontrollable event.