So what happens if a tree falls and causes harm, or if your car is damaged in flooding? And can your employer withhold pay if you’re unable to get to work? ynet, with the help of experts in tort and labor law, has compiled a guide on how to handle possible storm-related damage.

A tree collapsed during the storm and damaged a car or injured a pedestrian. What can be done?
If a vehicle is damaged, the owner can file a claim with their comprehensive insurance provider. In some cases, the local municipality may be liable—especially if the tree was not properly maintained. Municipalities are obligated to carry out regular inspections, preventive trimming and to treat sick or weakened trees.

“When a neglected tree falls during stormy weather, courts have ruled that this is not an act of God but rather a maintenance failure that could have been prevented,” explained attorney Asaf Warsha, an insurance and tort law expert and co-chair of the Property Claims and Subrogation Committee at the Israel Bar Association. “For example, in one ruling, a kibbutz was found responsible for damage to a car caused by a falling tree because it failed to take reasonable steps to prevent the collapse.”

What if a tree injures a pedestrian?
It depends on who is responsible for the tree. “If the tree falls under municipal responsibility, the injured person must prove that the city failed to maintain it properly—by not pruning it or ensuring it could withstand the storm,” said attorney Anat Ginzburg, founder and head of a tort law firm and chair of the Disability, Benefits and Rehabilitation Committee at the Israel Bar Association. “Municipalities are obligated to identify hazardous trees and prevent situations where they might collapse onto pedestrians.”

If the tree is located in the courtyard of a residential building, a compensation claim can be filed against the building’s management committee (known in Hebrew as va’ad bayit), its maintenance company or the gardener in charge of the property.

“In all such cases, the court will assess whether there was negligence by the parties responsible for the trees and whether they breached their duty of care. Additionally, if the pedestrian was on their way to or from work—or injured while on the job—they may be eligible to file a claim with the National Insurance Institute (Israel’s social security agency) to have the incident recognized as a work-related injury,” she added.

My street flooded during the storm and my car was damaged. What are my rights?
If your car was damaged due to flooding, and you have comprehensive cover, you should contact your insurance company to request compensation. However, if the flooding resulted from municipal negligence—such as a failure to maintain proper drainage—you may be able to sue the local authority. In certain cases, claims can also be filed against the regional drainage authority, which in Israel refers to statutory corporations responsible for water runoff systems.

The storm caused damage to my home—broken windows, a collapsed pergola or flooding in the living room. Who pays for this?
“Flooding inside a home caused by a storm may result from improper drainage,” says Ginzburg. “According to Israeli law, the municipality is responsible for maintaining drainage systems. If damage results from poor upkeep, the city can be held liable.

“Municipalities often argue that such flooding constitutes force majeure (an unforeseeable natural disaster), but courts typically reject this defense. The Supreme Court has ruled that winter flooding is not unusual and must be anticipated and prevented through reasonable maintenance. Relevant claims may also be filed against regional drainage authorities.”

If I have a home insurance policy, what should I check?
“Home insurance policies typically cover storm-related damage such as rain or hail, but not water that seeps in through walls or ceilings,” explains Ginzburg.

“For example, in one case brought against an insurance company, homeowners claimed that tiles were blown off their roof during a storm, allowing rainwater to enter the house. The policy defined storm damage as: ‘A storm, including rain, snow or hail occurring during a storm, excluding water leakage through walls or ceilings, or absorption into them, and excluding damage caused to fences and gates.’ The insurer argued it was simple rainwater seepage. But the court ruled that if the storm created an opening through which water entered, the insurer must cover the damage.”

If the homeowners had hired professionals for waterproofing but flooding or water seepage still occurred, they can seek compensation from the contractor and their insurance provider.

Ginzburg adds that homeowners policies generally cover storm-related damages such as rain, flooding, hail, lightning and more—but not rainwater that seeps through walls or ceilings. In many cases, insurance disputes arise over how terms like “storm” and “flooding” are defined, or whether existing structural issues—not the storm itself—caused the water intrusion.

My property was damaged during a power outage. Who is responsible?
“When it comes to damage resulting from a power outage, Israeli case law has established that the Israel Electric Corporation, as a public utility, does not guarantee uninterrupted service,” says attorney Warsha. “It is a public body providing an essential service, but it also faces operational and weather-related limitations.

“However, if negligence by the company can be proven—such as poor maintenance, a preventable system failure, or an unreasonable delay in addressing the issue—a tort claim may be possible, particularly if the outage lasted many hours.”

My motorcycle was knocked over by strong winds. Is it covered by insurance?
Yes. “Comprehensive motorcycle insurance generally covers a wide range of incidents, including weather damage,” says Warsha. “The policy usually covers accidents, rollovers, theft, fire, lightning strikes, vandalism and natural disasters like floods or storms—including being knocked over by high winds. Still, it’s important to review your specific policy, as exclusions or deductibles may apply.”

A pedestrian was injured by a flowerpot that fell from a balcony due to strong winds. Who is liable?
Property owners, including residents, business owners or tenants, are obligated to ensure that items on their property—such as flowerpots or decorative objects—do not pose a danger to others. In storm conditions, this means removing or securing items that might be blown off balconies or windows.

“The courts have long held that those in possession of property have a duty of care toward others,” says Ginzburg. “The key questions are whether that duty was breached and whether that breach caused the pedestrian’s injury. If so, the injured party is entitled to compensation. If the incident was caused by an exceptionally severe storm, property owners may claim force majeure—an unforeseeable event—but this must be assessed on a case-by-case basis.

“If the property owner has third-party liability insurance, compensation may be available through the insurer. And if the pedestrian was on the way to or from work, or injured during work hours, they may be eligible to file a claim with the National Insurance Institute to have the injury recognized as work-related.”

I was injured by a pothole that opened in the road during the storm. Can I sue the municipality?
If the pothole resulted from poor maintenance or a failure in routine upkeep, the court may determine that the municipality was negligent and award compensation. This is especially true in recurring cases, such as a pothole that appears every winter.

“For example, in one case, a motorcyclist was injured after hitting a pothole,” explains attorney Warsha. “The plaintiff claimed he encountered the pothole while riding, which caused him to fall and sustain injuries. The court ruled that the city is responsible for maintaining roads within its jurisdiction, and its failure to fix the hazard constituted negligence.

“In another case, a driver was injured after hitting a pothole during nighttime rain and fog. The court held the Public Works Department liable, finding that the road was cracked and poorly maintained, and that the agency should have prevented potholes that endanger road users.”

My car skidded on ice or snow during the storm and I was injured. Who compensates me, and what do I need to prove?
If the skid resulted from snow or ice and your car has comprehensive insurance, you can claim compensation from your insurer, though you’ll need to consider your deductible and the possibility that filing a claim could raise future premiums.

“If another driver hit your car after skidding, you can file a claim against their insurance, subject to proving their liability,” says Warsha. “In some cases, if the incident was caused by a serious maintenance failure—such as untreated road ice—it may be possible to sue the local authority, provided it can be shown that they failed to take reasonable precautions. To support your claim, photograph the pothole or hazard, collect witness information (if available), and consult a professional appraiser to assess the damage.”

What should I document when storm damage occurs?
As soon as damage is discovered, report it immediately to your insurance company or agent. Delays could allow the insurer to argue that the damage could have been minimized, which may affect compensation eligibility. Policyholders are required to mitigate their damages—for example, by moving water-sensitive items during a flood rather than assuming all damages will be covered.

It’s also important to photograph the damage right away. Visual documentation of the affected area, damaged items and the cause—such as a fallen tree or electrical short—can help prevent disputes with the insurer. In serious cases, it’s advisable to hire a private appraiser.

I can’t get to work because of the storm. Will I still be paid? Can my employer penalize me?
“If the workplace remains open and the reason the employee is absent stems from their own limitations—even if the storm presents real obstacles such as road closures—the employer is not obligated to pay wages,” says attorney Eran Shoham, a partner at the labor law firm Dafna Shmuelevich & Co., which represents large employers.

“However, if objective circumstances prevent the employee from reaching the workplace, the employer cannot treat the absence as a disciplinary issue. In line with the duty of good faith, the employer should consider alternatives such as remote work.”

What if my children are home because school is canceled due to the storm and I can’t leave them alone?
Even in this case, the employer is not legally required to pay wages. Still, employers are encouraged to consider flexible arrangements, such as allowing remote work or adapting to the employee’s circumstances when possible.

I’m sick, but the storm prevents me from getting to the doctor. What about a medical leave certificate?
“If an employee claims to be absent due to illness but cannot reach a doctor, it is possible to obtain a short-term sick note remotely, and in some cases, even without a doctor’s signature,” explains Shoham. “Therefore, the employee can still be expected to produce a medical certificate, and the employer may demand it.”