Storm damage and delays - what are your rights?
- Published
The wind may have died down but for many people in Northern Ireland, the repercussions of Storm Darragh are ongoing.
The strong gusts brought down trees, disrupted travel and forced the cancellation of a number of festive events.
For those now mopping up the costs of power cuts and damage to their homes and cars, here is some information on consumer rights and compensation.
Property damage
According to the Association of British Insurers, damage caused by storms and flooding is covered by most standard home insurance and commercial business policies.
Insurers will advise you, external on arranging emergency accommodation if necessary, the information they will need from you to support your claim, and how to go ahead with the immediate clean-up and repair process.
If necessary, arrange temporary emergency repairs to stop any damage getting worse, but speak to your insurer first.
If you have to arrange emergency repairs yourself, tell your insurer and keep any receipts, as this will form part of your claim.
In instances were a tree has fallen as a result of the weather, compensation can vary.
Even though most home insurance policies will cover damage (whether to the buildings or its contents) caused by falling trees or branches, it is advised you contact your insurance company to determine whether you are eligible for a claim.
In the instance of a tree falling from your land on to a neighbouring property, anyone claiming against you would have to show that your negligence led to the damage (for example, if it can be shown that you were aware that a tree was in a dangerous condition, and you did nothing about it).
Car damage
Comprehensive motor insurance covers damage to your vehicle, according to the Association of British Insurers (ABI).
If you have third party fire and theft, this does not cover damage as a result of storms or floods.
If your vehicle is damaged by someone else or their property (such as a falling roof tile) to be able to claim against them you would need to show that they were legally liable (negligent).
Power cuts
NIE Networks says about 95,000 customers were affected over the course of the storm.
On the utility provider's website, it says compensation is available if they fail to meet any of their 11 guaranteed standards, external.
However, if the situation is outside of their control, such as in the case of severe weather, these standards may not apply.
These standards include:
Turning your power back on - NIE will restore your electricity within 24 hours of a power cut. If not you will be due £50 for your home, £125 for business premises, then £25 for every 12 hour period after that
If you have a voltage issue - NIE will let you know within five days what they intend to do about it or within seven days if they need to visit your premises to investigate further. If they do not contact you or do not keep an agreed appointment, you will receive £25
Making a payment to you - NIE will send a cheque to you within 10 working days if they have failed any of their guarantees . If they do not you will receive £25
Under normal circumstances queries about a payment due should be answered within the standard five working days, however under exceptional circumstances that window is extended to 10 working days.
Where food is spoiled as a result of a power cut, NIE are unable to pay to cover freezer contents. They recommend you contact your home insurance provider.
Flight delays and cancellations
If your flight is covered by UK law, your airline must let you choose between either getting a refund or being booked on to an alternative flight.
You can get your money back for any part of the ticket you have not used.
So, if you booked a return flight and the outbound leg is cancelled, you can get the full cost of the return ticket refunded.
If you still want to travel, your airline must find you an alternative flight.
If you are stuck abroad or at the airport because of a flight cancellation, airlines must also provide you with other assistance, including food and drink, free accommodation and transport.
If your airline is unable to arrange assistance, you have the right to organise this yourself and claim back the cost later.
You are entitled to the same assistance as for a cancellation if your flight is delayed by more than two hours.
See here for more information on flight cancellations and delays.
Ticketed events
Sports fixtures and winter events were affected over the weekend by Storm Darragh.
In the event that you find yourself out of pocket for an event that was cancelled, contact the organiser.
It is advised that if you bought your ticket from an official seller, you should get a refund if the organiser cancels, moves or reschedules the event.
You're unlikely to get a refund if you bought your ticket from a reselling (or secondary ticketing) website, but check with the provider.