Water damage insurance

Verified 31 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Do you have water damage in your apartment? You must first find the source of the leak and have it repaired. If you have home insurance, you must file a claim in the 5 working days. We present you with the information you need to know.

Water damage insurance covers risks related to the action of water: damage resulting from leakage, rupture of pipe, overflow (of a bathtub or washing machine for example), etc...

However, insurers sometimes stipulate in the contract that certain risks linked to water action will not be covered. For example, the cost of repairing appliances, installations or buildings that cause water damage.

It is therefore important to check in your contract if there are any uncovered damages.

FYI  

Water damage insurance is included in home insurance, which is compulsory for the tenant and optional for the landlord who lives in his own home.

1- Identify the origin of the disaster and secure the dwelling

First, try to find out if the water damage is inside or outside your home.

If the disaster is located on one of your household appliances or on your water distribution circuit, you must turn off the tap of the appliance in question or turn off the water meter that supplies the housing.

If the disaster appears to have originated from another accommodation, you must contact the neighbor(s) concerned to inform them of the situation and ask them to cut off the water supply.

In the 2 cases, you must take all necessary safety measures, such as switching off the electricity to avoid a risk of electrocution.

2- Repair leak

Once the leak is identified, you must have it repaired urgently to avoid a worsening of the situation.

But you should not start reclamation work without your insurance's prior approval.

FYI  

You must keep the leak repair invoices in order to give them to the insurance.

When the origin of the water damage is not apparent, a search for a leak must be made with the help of a professional.

The cost of this can be covered by insurance.

The situation varies depending on whether the accident takes place in a condominium or not.

General case

You have to look for a professional to do the leak search and you have to pay for it, before claiming the refund from your insurer.

Condominium building

Leak search in a private room

Busy Local

It is the insurer of the occupant of the premises who must organize the search for leakage.

But the search for leakage must be organized by the insurer of the owner of the premises in the following 3 cases:

  • The research could destroy the premises
  • The occupant is not insured
  • The tenant occupant has given notice that expires on the day of the claim

If the owner of the premises is not insured, the insurer of the building must organize the search for leakage.

Local not busy

It is the insurer of the owner of the premises who must organize the search for leakage.

But the search for leakage must be organized by the building insurer if the owner of the premises is not insured.

Leak search in common areas of the building

It's the building's insurer who has to arrange the search for a leak. However, if the source of the leak is located in a private premises, the insurer of the owner of this premises must bear the cost of the search.

Declaration of claim

If you are the victim of a water damage disaster, you must notify your insurer within 5 working days that follow the disaster.

You should talk to your insurance company or insurance broker who manages your contracts.

The details of the insurance company and the broker appear on the receipts or in the contract.

The declaration can be made by telephone or by going directly to the insurer's agency.

FYI  

some insurers also allow for online reporting. This possibility should be checked on your insurance company's website.

If you can't do it online, it's best to send a return by mail, preferably by registered letter with acknowledgement of receipt, to your insurer.

Optionally, provide your insurance agent or broker with a copy of this letter.

Include the following information in this email:

  • Contact details (name, address)
  • Number of your insurance contract
  • Description of the claim (nature, date, time, place)
  • Estimated condition of destroyed or deteriorated furniture and articles
  • Description of damage (material or personal injury, importance)
  • Damage to others (e.g. if a water leak in your home caused damage to your neighbors)
  • Steps already company (intervention of a plumber)
  • Victim contact information if available

Use of the friendly statement "water damage"

To speed up the processing of your claim by the insurer, you can complete and send a amicable statement "water damage".

This document is not mandatory, but it speeds up the processing of the insurance claim.

The "water damage" friendly statement is used to record the elements of the claim that the insurer needs to process your claim.

Once completed, it shall contain at least the following information:

  • Place of loss
  • Circumstances of the disaster
  • Cause(s) of the loss
  • Nature of damage sustained
  • Contact details of persons affected by the claim and contact details of their insurance companies
  • Steps already company (intervention of a plumber)

If you decide to use the “water damage” friendly statement, you and the other persons involved in the disaster must complete and sign it.

Once you have completed and signed the statement, you must send it to your insurer as soon as possible.

If you are a tenant or if the property is part of a condominium, you must also send the friendly statement to the owner or trustee.

You can complete an amicable “water damage” report even if there is no other party involved in the disaster.

FYI  

there is no official model for the amicable observation of water damage. Each insurer has its own model.

Damage to water does not automatically result in a expertise.

The insurer decides whether or not to carry out an expert assessment before compensating you.

In general, the insurer orders an assessment if the damage is greater than €1,600.

The role of the expert is then to assess the damage and determine the causes of the disaster.

If the insurer decides to have an expert performed, it must inform you of the date and time of the expert's visit.

FYI  

The insurance companies have signed agreements with each other to settle claims water damage the least important as quickly as possible and without prior expertise.

It is important to keep all the objects that were damaged during the disaster, even damaged, and to gather everything that can identify the goods destroyed in the disaster (invoices, photos, guarantee vouchers...).

Before the expert's visit, you can have a quote prepared for the refurbishment of the premises.

But you don't start the reclamation work until the expert is there.

The insurer has a legal obligation to compensate you within the time limit set out in the contract.

This period may therefore vary from one insurance company to another. It may also vary depending on the complexity of the case.

The insurer renders its decision quickly after the declaration of claim if there is no expertise, and later in case of expertise.

If the insurer agrees to compensate you, it sends you a letter informing you of its decision and indicating the amount of the compensation it proposes.

If you accept the insurer's proposal, the payment will be made within the time frame stipulated in the contract (generally, 1 month).

If you disagree with the proposed compensation or if the insurer refuses to compensate you, you can respond and present your arguments to challenge the insurer's position.

You may request a copy of the expert report at this time.

The law does not require insurance companies to provide the expert report to insured persons, but the companies have undertaken to do so on their own.

If, following your request for review, the insurer maintains its position on the amount of compensation and/or the refusal of compensation, it must inform you of the possibility to refer the matter to the Insurance Ombudsman.

Refer the matter to the Insurance Ombudsman

But you can also decide to to take legal actionbefore or after the decision of the Insurance Ombudsman.

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