Can you claim for damages caused by the blackout?

BarcelonaThis Monday's historic blackout suddenly disrupted the routines of citizens and businesses, also causing millions in losses. For individuals, home insurance offers some useful coverage to address damage caused by this type of malfunction. One of the most important is protection against electrical damage caused by a power outage, a coverage that includes food and medicine stored in refrigerators. Unlike the DANA (National Insurance Plan), the Insurance Compensation Consortium—which replaces insurance companies—does not come into play in this case, as it would only be activated if the blackout was the result of an atmospheric phenomenon, a matter that has not yet been confirmed. An essential element is knowing the cause of the blackout, which helps determine who to claim against, explain Endesa sources.

As for shops and other businesses, it is possible to claim for loss of profits as long as a direct relationship between the blackout and the economic damage incurred can be proven. To calculate the amount, the direct loss of income the company would have earned under normal operating conditions or the fixed expenses it will continue to incur despite the suspension of activity may be included. This calculation must be supported by an expert report, according to the online law firm Legálitas.

Returning to individuals, in cases like these, home insurance typically covers damage to the home's electrical installations, appliances, and electronic equipment. This can occur when, after the power is restored, there are sudden power surges. Some policies also include complementary repair services to help the user fix equipment that can still be repaired, and even technical support. To determine if you are eligible for this, you should check the policy terms or ask the company.

From 200 to 500 euros

Compensation coverage for damage to refrigerated goods may also be included. This affects food or medicines stored in refrigerators or freezers. The limits are established in each policy and range from €200 to €300. In the highest-end policies, i.e., the most expensive, it can reach €500, according to the comparison site Kelisto.

It's essential to check the policy details. For example, basic insurance covers damage to electrical installations in the event of a power outage, but not damage to appliances connected to them, "and some policies don't include compensation for the loss of refrigerated food," explains the Kelisto Insurance and Energy spokesperson.

In these cases, the consumer also has the right to file a claim to demand compensation for the damage caused. Therefore, it's important to keep receipts, invoices, and any other evidence that can help justify the value of the losses suffered. "It should be noted that, in cases where the cause of the incident is beyond the control of the distributors themselves—as appears to be the case—the companies are not obligated to compensate users, so we will have to wait a few hours to understand what can and cannot be claimed," explains Martínez.

One option recommended by Kelisto is to follow these steps, although the origin of the blackout is not yet known, and therefore, whether the electricity distributors must compensate customers or not:

1. Send a letter to the customer service of the distribution company, which can be identified in the letter. This cannot be the retailer, which is the company that sells the electricity and issues the bill, but rather the distributor (which is responsible for the electrical infrastructure in the area; in Catalonia, the one with the greatest presence is Endesa). Normally, the name of the distributor also appears on the bill. It is important that this letter be accompanied by all documentation that helps understand the extent of the damage (for example, invoices, tickets, photographs, etc.).
2. If the distributor does not respond (or the response is unsatisfactory), it is necessary to file a complaint with the consumer protection agency in each autonomous community.

To understand whether a claim can be filed, it must be taken into account that we are dealing with an "unforeseen" power outage: that is, one that has exceeded the maximum duration of "scheduled" outages of three minutes and that has not been notified at least 24 hours in advance. It is also necessary to take into account the duration. In the Community of Madrid, for example, if the incident affects 100% of the market—as has been the case—and companies do not restore service in less than six hours, the company will have to apply a discount of up to a maximum of 10% on the annual bill and compensation for damage caused to food, Kelisto highlights.

Another issue to keep in mind is that the Insurance Compensation Consortium (CCS), the public entity that protects insurance customers in the event of extraordinary events, improving and extending the expected compensation, is not involved. The blackout is not among the scenarios in which it would be operational. However, if it is proven that the massive outage was caused by an atmospheric phenomenon, as was the case with the DANA, this agency would be responsible. In this case, Red Eléctrica has not confirmed at any time that this was the cause.