Home insurance: fire or explosion risk

Verified 07 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you the victim of a fire or explosion at home? You can be compensated by your home insurance. To do this, you must make a claim within 5 working days who are following the accident. The insurance company may request an expert opinion to clarify the causes of the loss and to assess the amount of damage. We present you with the information you need to know.

The fire guarantee is a guarantee included in the home insurance contract. It protects you against damage caused by fire or explosion.

If the insurance contract so provides, the fire insurance may also cover damage caused by lightning, smoke, electricity and heat, even if there has been no fire.

Example :

  • Lightning damage to the roof
  • Poisoning of persons by smoke from a fire start
  • Damage to electrical equipment caused by a short circuit
  • Damage caused by an iron that is too hot

The situation varies depending on whether you are a tenant or an owner.

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You're a tenant

If you are tenant, you must obligatory to subscribe to a rental risk insurance.

This insurance covers your liability towards the owner and towards third parties, in particular for damage caused by fire and explosion.

You own it

The situation varies depending on whether or not the unit is in a condominium.

The accommodation is in a condominium

You must obligatory take out insurance to cover your civil liability, especially for damage caused by fire and explosion.

If you own lessor, this insurance will cover your civil liability towards your tenant and towards third parties (neighbors, condominiums and others).

If you own occupier, this insurance will cover your civil liability towards third parties (neighbors, condominiums and others).

The accommodation is not in a condominium

You don't have the obligation to take out insurance, but you are civilly liable for any damage that the fire or explosion of your home may cause to third parties.

You may decide to purchase home insurance to protect yourself.

The fire warranty covers damage resulting directly from the fire or explosion (e.g., house or furniture burned).

If the contract so provides, the fire guarantee may also cover certain indirect damage from the fire or explosion (e.g. doors and windows broken by the rescue services during their intervention).

The guarantee must cover the real value of the insured goods, but the insurance contract may provide for a limitation of the insured value.

On the contrary, the insurance contract may include in the fire insurance cover goods which are not in the dwelling, in return for a premium supplement. For example, trees and plantations.

In the event that the fire or explosion has caused damage that renders your home uninhabitable, the insurance can take care of your emergency accommodation if the contract so provides.

When the repair work needs to last a long time, the insurance can also cover your relocation if this is provided for in the contract.

The situation varies depending on whether you are a tenant or an owner.

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You're a tenant

If you are the victim of a fire or explosion, you must file a claim with your fire insurance within 5 working days that follow the event.

If you were not aware of the incident at the time it occurred, the 5 business days start from the date you became aware of the incident.

You can contact your insurance company directly or the intermediary who manages your contract (general agent or broker).

The declaration can be made by telephone, online, by post (preferably registered with notice of receipt) or on site, at the offices of the insurer or broker.

You must then notify your landlord.

In all cases, you must provide the necessary elements to process your case:

  • Contact details (name, address)
  • Number of your insurance contract
  • Description of the claim (nature, date, time, place)
  • Description of damage (material or personal injury, importance)
  • Estimated condition of destroyed or deteriorated furniture and articles
  • Damage to others (e.g. if the fire affected a house or houses next to yours)
  • Victim contact information, if available

You must specify whether the cause of the loss is outside your dwelling or whether you consider that the loss is due to a failure to maintain the dwelling by the lessor.

This will enable the insurer to check whether the liability for the loss can be attributed to a third party (neighbor, condominium, lessor, etc.).

You own it

The situation varies depending on whether the dwelling is occupied by a tenant or not.

The dwelling is occupied by a tenant

It is your tenant who must make the declaration of claim to his fire insurance, within 5 working days that follow the event.

However, you will need to file a claim with your non-occupier proprietary insurance if the tenant and his insurer consider that the loss is due to a failure to maintain the dwelling.

You will also need to file a claim with your non-occupier proprietary insurance if your tenant has no fire insurance.

The dwelling is not occupied by a tenant

The situation varies depending on whether you occupy the dwelling yourself or whether it is vacant.

You occupy the dwelling yourself

You must file a claim with your fire insurance within 5 working days that follow the event.

You must specify whether the cause of the loss is outside your home.

This will enable the insurer to check whether the liability for the loss can be attributed to a third party (neighbor, condominium, etc...).

The accommodation is vacant

You must file a claim with your non-occupier proprietary insurance within 5 working days that follow the event.

You must specify whether the cause of the loss is outside your home.

This will enable the insurer to check whether the liability for the loss can be attributed to a third party (neighbor, condominium, etc...).

You will have to justify the damage you have suffered.

Therefore, all objects that were damaged in the disaster, even damaged or burned, must be retained.

It is also necessary to collect everything that can identify the damaged or destroyed goods in the disaster (invoices, photos, guarantee vouchers...)

You must then find evidence of the disappearance or deterioration of these objects: police or gendarmerie report, photos of the house showing the traces of break and enter and the deterioration.

For an estimate of the cost of repairs, you can request quotes for the refurbishment of premises and repairable objects.

You must then send the quotes to your insurer and wait for its authorization before making the repairs.

Your insurer will tell you if it allows you to start refurbishment work or if you have to wait for an expert's visit.

The expertise is not mandatory, but the insurer has the right to appoint an expert if he considers it necessary.

The role of the expert is to specify the causes of the loss and to evaluate the amount of damage you have suffered.

The expert will contact you to schedule an appointment to carry out his expertise.

You'll have to give him the file you've prepared. The expert will prepare a report based on his findings and the information you have provided to him.

Your insurer will then send you its expert report.

You still have the possibility of challenging the expert report if you consider that his estimates are unfavorable to you.

The contract may provide for a limitation of the insured value for the dwelling and its contents.

In this case, the amount of compensation may be less than the actual value of the damage to the dwelling and its contents.

The situation varies depending on whether the cause of the disaster is in your home or not.

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The cause of the disaster is in your home

If you are the victim of a fire or explosion in your home, your insurer must compensate you for the damage you have suffered.

FYI  

The insurance cannot refuse to compensate you because of the absence of a smoke detector in your apartment.

The insurer will offer you compensation based on the expert's report.

If you accept this compensation, the file will be closed after payment.

If you are not satisfied with the compensation offered by the insurer, you will have to to take legal action to demand more compensation.

The cause of the disaster is outside your home

If the fire or explosion occurred in another dwelling, or in the common areas of your building, the insurer of the dwelling concerned or the insurance of the condominium concerned must compensate you.

The situation varies depending on whether the Convention can be applied IRSI: titleContent or not.

Application of the IRSI Convention

The IRSI Convention is an agreement between insurance companies to facilitate the settlement of claims and compensation of victims.

It shall apply to water damage and fire damage claims for which the amount of damage repair does not exceed €5,000 excluding taxes.

The Convention lays down rules for the designation of a managing insurer for each claim, and rules for determining a paying insurer for each victim party.

Thus, in accordance with the Convention IRSI: titleContent, your home insurer is the manager insurer of the fire compensation file, irrespective of the origin or the person responsible for the fire.

Likewise, your home insurer is your paying insurer for damage up to €5,000 excluding taxes.

Your insurer may, if necessary, take action against the insurers of other premises involved in the claim, but only for damage exceeding €1,600 excluding taxes.

No application of the IRSI Convention

If the insurer of the premises where the fire occurred agrees to provide you with appropriate compensation, the file will be closed after payment.

In case of disagreement on the liability of the insurer or on the amount of the compensation, you will have to to take legal action.

The cause of the disaster is outside your home

If the fire or explosion occurred in another dwelling, or in the common areas of your building, the insurer of the dwelling concerned or the insurance of the condominium concerned must compensate you.

The insurer will offer you compensation based on the expert's report.

If you're not satisfied, you can to take legal action to request more compensation.

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