The RS Public Defender’s Office filed a lawsuit against Estapar and Porto Seguro. The agency wants compensation for cars destroyed by floods in parking lots
Estapar, one of the largest private parking companies in Brazil, and insurance company Porto Seguro, partner of the brand, has entered the crosshairs of the court, in a lawsuit that could reach R$ 10 million. The reason? The refusal to take responsibility for the destroyed cars of customers who were victims floods that devastated Rio Grande do Sul in the months of April and May.
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This week, the Public Defense Office of the State of Rio Grande do Sul filed a civil public action (ACP) against cars parked in five Estapar courtyards around the Salgado Filho airport and which were damaged, partially or completely, from the torrential rains that hit the region.
The person responsible for the legal action, Fernando Kirchner, a public defender at the Center for Consumer Defense and Collective Protection, accused the companies of violating Brazilian consumer protection legislation. According to Kirchner, the companies did not act “sufficiently” to minimize or contain any losses.
The public defender’s thesis is based on a very simple fact. The official order to close the airport was given on May 3 at 8:30 pm, but, according to the lawsuit, Estapar ignored government and weather warnings by allowing vehicles in the parking lots until 10:50 pm. According to the agency, this is inappropriate behavior in a situation that is destined to worsen.
Situation at Salgado Filho airport pic.twitter.com/R7Ay8M1BwT
— Sergio Brum Barbosa (@GremioBrum) May 4, 2024
What does Estapar say?
In an official note sent via email to CanaltechEstapar stated “that he has not been officially contacted by the Public Defense Office of the State of Rio Grande do Sul”, but assured that “he is at the body’s disposal for any necessary clarification”.
The company also sent, via email, the aforementioned public defense memo, dated 29 April. In it, Estapar explains the reasons why it is not responsible for paying for damages caused to vehicles parked in its five car parks in the Porto Alegre airport region.
“The company deeply regrets the situation that has affected Rio Grande do Sul and its activities. Since it was an event of unprecedented scale, the effects of which could not be avoided or prevented, it clarifies that it will not be able to respond to requests for compensation for damage suffered to vehicles”.
Estapar claims it is not required to pay damages due to the legislation, but the public defense office disputes this (Photo: Rafa Neddermeyer/Agência Brasil)
The official note from the company responsible for the parking goes further:
“[A Estapar] reiterates that, according to current Brazilian legislation, the company is not responsible for what happened. It also highlights that its legal team works with the customer service team to clarify the legal issues surrounding the matter and its consequences. The company remains available to users by telephone and through other service channels.”
What does Porto Seguro say?
It is worth mentioning this recently in a special article on What happens to cars destroyed by rain in Rio Grande do Sulwe deal with insurance policies in this regard natural accidents, such as floods and floods.
The professional listened to by Canaltech at the time he clarified: floods and inundations are usually covered even by the simplest policies, and the clause is canceled only if the driver attempts to cross the affected area despite being aware of the danger – which is not true in the over 2 thousand parked cars in the five courtyards of Estapar.
We contacted Porto Seguro to find out the company’s official position regarding the action taken by the Public Defender’s Office of Rio Grande do Sul, and the company’s official position was as follows:
“Porto Seguro informs that all car accidents resulting from the floods reported and with policies in force in Rio Grande do Sul have been and will be compensated, including insured vehicles that were in the Estapar car parks. The company clarifies that it is not the insurer of the affected space at the Salgado Filho airport. It is also highlighted that the number of operators in the region has doubled to minimize the effects of the disaster, welcoming the population of Rio Grande do Sul.
*Content updated at 8.21pm after sending the official position of Porto Seguro and the new note from Estapar to the report Canaltech by email.
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Source: Terra
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