Steps to follow to claim insurance damage

Steps to follow to claim insurance damage flooding in Spain.

An extreme ‘Gota Fria’ –meaning ‘Cold Drop’– delivers Spain’s most Severe Storm in over a Century and it has battered practically ALL of Alicante province this week. A succession of frigid polar fronts drove temps some 16C below-average across vast swathes of the country, brought torrential rain and floods to many, and even spawned a tornado in Alicante.

7 days to submit the claim

The insurance companies will be receiving a significant number of claims within the next few days, as those affected have a period of seven days to report the claim.
 
First, in case you might be affected by the disaster, you will need to contact your insurance company, and they will forward your claim to the “Insurance Compensation Consortium”. (the Spanish government disaster fund).

Likewise, you can also contact the Consortium directly by submitting the corresponding request, either by calling 900 222 665 or 952 367 042 or online. If compensation cannot be requested by any of the aforementioned methods, a letter may also be sent to the corresponding Regional Consortium Delegation, depending on the place where the damage occurred. In this case, you will have to fill out a damage communication’s report form together with the required documentation.

Asessment of damages

Second. the Consortium will send an expert in insurance, in order to assess the damages caused, in this case, by the heavy rainfall and flooding. The affected party will have to present the invoices of the goods damaged by the storm. Alternatively, the insurers also advise photographing all the damaged goods, as to be able to attach the images as evidence to the claim.

Compensation

Third, once the claim has been filed, it will be necessary to wait for the damages to be quantified and for the payment of the corresponding compensation. Taking into account the high number of claims expected from Monday the 16th September, the companies estimate that payments might take about three months.

Contact us for any help

We hope this information is useful. Subsequently, should you be affected by this problem or you might be interested in receiving more specific information, please do not hesitate to contact us and we will be glad to clarify immediately.


Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor

BZN LEX INTERNATIONAL LAWYERS http://www.bestsolicitorsinspain.com

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Wrongful acts of tenants

Beware of wrongful acts of your tenants, especially if you are a homeowner in a community. In fact, you could be jointly legally liable for any harm, damages or annoying behavior caused by your tenant to the rest of the neighbors.

Legislation applicable: Art 7.2 Horizontal Property Law

2. The owner and the occupant of a unit shall not carry out in such unit or in the rest of the building any activities not permitted in the community statutes, or which may cause damage to the property or contravene the general regulations concerning inconvenient, unhealthy, noxious, hazardous or unlawful activities. The president of the community, on his/her own initiative or at the request of a unit owner or occupant shall urge the person or persons carrying out the activities banned under this subsection to desist under admonition of court action. Should the offender persist in his/her conduct, the president, subject to the authority of the meeting of the owners’ general assembly, duly convened for this purpose, may undertake an injunction procedure, which, insofar as not expressly provided for in this section, shall be settled by ordinary proceedings. Once the action is brought, including the accreditation of the authoritative notice to the offender and the certification of the resolution adopted by the general assembly, the judge may order as a precautionary measure the immediate cessation of the prohibited activity, under admonition of incurring an offence of disobedience. Furthermore, the judge may adopt any precautionary measures necessary to enforce the injunction. The action shall be brought against the owner and, if fitting, against the occupant of the unit. Should the court adjudge in favour of the plaintiff, it may decree, besides downright cessation of the prohibited activity and award of damages as may correspond, the deprivation of the defendant’s right to use the unit for no more than three years, depending on the seriousness of the offence and detriment caused to the community. If the offender were not the owner, the judgement may definitely terminate the offender’s interest in the unit and decree his/her immediate eviction”

Recommended advice to the Landlord

The landlord must inform the tenant urgently, even the landlord must be prepared to terminate the lease. if necessary.

Recommended advice to the Community

First, if the tenant causes inconvenience, the community of owners must:


1. Require the tenant to cease the annoying activity extrajudicially through burofax or similar. The requirement must be made by the President of the Community on his own initiative or upon request of any of the owners or neighbors. The Horizontal Property Act does not require prior meeting or agreement to this effect.

2. The owner must also be informed of the annoying activity that his tenant is doing.

However, if despite this warning, the inconvenience might continue, and the landlord might maintain a passive attitude, the community of owners will have the right to authorize the President to initiate legal action against both the tenant and landlord, with prior agreement by the Community in a formal AGM.

Will court action be necessary?

If all the friendly attempts might fail, the lawsuit would be strongly advisable. This lawsuit would request for the cessation of wrongful activity and even demand compensation for any damages caused. As indicated before, both the landlord and tenant would be jointly liable, as clearly indicated by the Supreme Court Ruling in Nº 832/239, of December 18, 2009.

Regulated Solicitors and Property Administrators

We hope this information is useful. Subsequently, should you be affected by this problem or you might be interested in receiving more specific information, please do not hesitate to contact us either by replying to this message or preferably by visiting also our website www.bestsolicitorsinspain.com 

We are proficient in community problems, thanks to our combined experience as Litigators lawyers and property administrators.

How to contact us?

You can contact our firm several ways:

1. Call us or send us a whatsapp now to (0034) 687 88 88 73.

2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us e-mail to info@bestsolicitorsinspain.com

Our commitment, we’ll respond to your e-mail inquiry in less than 24 hours.

We are on social media.  Follow us on:

A) facebook: BZN Lex International Lawyers@oscarricormorales7

b)   twitter: https://twitter.com/BznLex

c)   and linkedin.com/in/ricorabogados

Finally, thank you very much for your attention, and in case you might have any question or doubt at all, please do not hesitate to contact us and we will be glad to clarify immediately.

We look forward to helping you and the benefit of our “know-how”.

Kindest regards

Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor. REGULATED PROPERTY ADMINISTRATOR

Please help “HOGAR NAZARET”

# VERY URGENT HELP!! Please donate NOW to “HOGAR NAZARET”, and save the children from sexual exploitation and organ trafficking!

Our Mission Statement

At BZN LEX INTERNATIONAL LAWYERS, Charitable giving is one of our main aims (other than winning compensations for our clients of course) and as part of our corporate responsibility, we donate and we encourage our own clients and collaborators also, to donate to trusted charities. However, we do have a set of strict policies on charities who we support. For instance, we only recommend charities we trust implicitly. We prefer charities with specific projects we can follow up on, and to focus on smaller sized charities, who do not turn charitable giving into a business venture. In other words, charities where we know for a fact, that the money is not going to be wasted on paying intermediaries or excessive salaries to their Directors or employees.

In short, we prefer supporting the good work of worthy causes, particularly smaller and less well-known good causes, that arguably are in greater need of financial support than many of the more established and well-known national charities.

Hogar Nazaret. Peru

Please see below an example of a Charity we are particularly proud of supporting, called Hogar Nazaret ( “Home Nazaret in English”), a house located in the Peruvian jungle, which by the way, it does not receive any financial aid from the Government or the Church. As a result, they are going through a very difficult situation right now. For further information about this exemplary organization, and the excellent work that is currently carried out for the little children, please visit the specific section of our website: https://bestsolicitorsinspain.com/charitable-giving/ Alternatively you can visit Hogar Nazaret’s own website hogarnazaret.es (it is only in Spanish for the moment).

The Founder

or also contact his Founder Mr Father P Ignacio María on Facebook. (please click on the following link:

https://www.facebook.com/pignaciomaria.donoro.9)

You can also buy his book “Hogar Nazaret, sueño de Dios” on amazon ( please copy and paste the following link): https://www.amazon.es/Hogar-Nazaret-sue%C3%B1o-Ignacio-Do%C3%B1oro/dp/8408161490/ref=sr_1_1?__mk_es_ES=%C3%85M%C3%85%C5%BD%C3%95%C3%91&keywords=Hogar+Nazaret%2C+sue%C3%B1o+de+Dios&qid=1566635034&s=gateway&sr=8-1

Contact us for further information

Remember that any contributions can benefit from tax deductions, if you are Spanish national or fiscal resident in Spain. Likewise, you will benefit from important tax deduction in case you might make a donation in your Spanish Will.

🔹 For a free consultation about how you can help the Charity, call us now ☎ +34 687 88 88 73 or email us 📧 info@bestsolicitorsinspain.com

Our Commitment

Finally, we are glad to inform all our readers that we do offer a minimum of a 3% up to 10% discount of our own fees, to any client who might donate to the Charity Hogar Nazaret:

🔹 Hogar Nazaret. La Caixa ES32 2100 5450 6102 0009 4211

Thank you very much for your attention and remember that this Charity HOGAR NAZARET IS FOR REAL, and with just a little contribution, you can make a difference and save the lives of the most vulnerable and needy. There are currently 81 children… and we all know how much it costs to raise children nowadays.

Oscar Ricor. Spanish Practicing Solicitor and English Solicitor (Non Practicing)

CHARITABLE ORGANIZATIONS

CHARITABLE ORGANIZATIONS: HOGAR NAZARET

At BZN LEX INTERNATIONAL LAWYERS, Charitable giving is one of our main aims (other than winning compensations for our clients of course) and as part of our corporate responsibility, we donate and we encourage our own clients and collaborators also, to donate to trusted charities.

However, we do have a set of strict policies on charities who we support. For instance, we only recommend charities we trust implicitly. We prefer charities with specific projects we can follow up on, and to focus on smaller sized charities, who do not turn charitable giving into a business venture. In other words, charities where we know for a fact, that the money is not going to be wasted on paying intermediaries or excessive salaries to their Directors or employees.

In short, we prefer supporting the good work of worthy causes, particularly smaller and less well-known good causes, that arguably are in greater need of financial support than many of the more established and well-known national charities.

Please see below an example of a Charity we are particularly proud of supporting, called Hogar Nazaret ( “Home Nazaret in English”), a house located in the Peruvian jungle.
For further information about this exemplary organization, please visit the specific section of our website Charitable Giving.

🔹 For a free consultation , call us now ☎ +34 687 88 88 73 or email us 📧 info@bestsolicitorsinspain.com

Thank you for your interest and we look forward to helping you.

Mr. Oscar Ricor, PARTNER
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) number 519196 and practicing Spanish Solicitor Nº 1247 Bar Orihuela (Alicante).

CIVIL LITIGATION IN SPAIN

Civil litigation in Spain is a serious matter and it can be a daunting if you are not familiar with the judicial process and you don’t have a qualified and independent Solicitor by your side. Therefore, considering how much is at stake, please do not take any unnecessary risks and always put your trust in a trustworthy and reliable Law Firm, like « BZN LEX », and never on an unqualified Solicitor.

For further information, please kindly visit our CIVIL LITIGATION section in our website
https://bestsolicitorsinspain.com/civil-litigation/

Thank you very much and we look forward to helping you.

Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor.

🔹 For a free consultation call us now ☎ +34 687 88 88 73 or email us 📧 info@bestsolicitorsinspain.com

Business legal services

Business legal services. Commercial and International Trade

Dear clients and reader,

As a member of the Alicante Chamber of Commerce, we are a prestigious bilingual law firm based in the Alicante province of Spain but though our associate agreements we effectively operate in all areas of Spain. Our service to these clients includes the drawing up of the contract to legal assistance in the event of any subsequent dispute. Being bi lingual and having a deep understanding of local laws, we are able to effectively advise our clients throughout the duration of any commercial transaction.

Our expertise includes, but is not limited to:

-Incorporating Limited Liability companies.

-Registering trade marks

-letters of credits

-Contact, to include import/export documentations

-cross border litigation

-Mediation and dispute resolution.

Should you be interested in receiving more detailed information about the scope of the legal services we provide, do not hesitate to visit the specific section of our website in the link below https://bestsolicitorsinspain.com/business-legal/

Thank you for your attention and we look forward to providing you with individual personal service and the benefit of our “know how”.

Sincerely,

Mr. Oscar Ricor.

Solicitor Nº 1.247.

PARENTAL LIABILITY

PARENTAL LIABILITY: Who is responsible for the children’s wrongful acts in Spain?

In the case of Sarah,- a girl of 12,- she accidentally hit with her bicycle, a pedestrian who was walking in the street, causing him injuries that needed medical treatment for two almost months. The injured party claimed 4.000 euros compensation for the damages suffered. He won the case and obtained the financial compensation.

The Spanish Civil code establishes that parents (“parent” can be anyone exercising parental authority over the child, but typically refers to the “custodial” parent), are always liable for the consequences of their children’s wrongful acts.

Unlike any other common law jurisdictions, the degree of reasonable care required of the parents in Spain doesn’t depend upon the standard normally expected of children of like age, intelligence and experience or their particular state of mind.

The Amount of Parental Liability holding parents liable for damages caused by their minor children vary widely on the type of act committed but even a silly act might have severe financial consequences. 

Therefore, the best way to prevent these kinds of potential serious situations is by hiring an insurance Coverage, which should be included in your homeowner ‘s insurance policies up to 300.000 euros.

How we can help.

At the law offices of BZN LEX INTERNATIONAL LAWYERS, we will be able to assist you either in filing a claim should you be the victim or alternatively to parents, in avoiding personal liability, by preparing a competitive but fully comprehensive insurance policy. 

We hope this information is useful and should you have any additional question about this or other legal matter, please visit our website: www.bestsolicitorsinspain.com

Thank you very much for your attention and permanent support and we look forward to helping you!


Mr Oscar Ricor“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor