A loose bathtub seal, a burst pipe, a leaking roof... With nearly 1,4 million cases reported each year, water damage is the leading source of claims in home insurance (France Assureurs). These claims are often complex to manage for policyholders, between the urgency of the situation and the uncertainties surrounding coverage. Because while your insurance normally provides dedicated coverage, you still need to master its subtleties to best activate your rights. Reporting deadlines, documents required, repair coverage... Here's a handy memo.

Report the claim to your insurer

Reporting deadlines

Your priority in the event of water damage is to notify your insurer promptly. You legally have 5 business days to do so from the occurrence (or discovery) of the loss, according to Article L113-2 of the French Insurance Code.

But in reality, it's recommended to act much faster, ideally within 24 to 48 hours at the most. Beyond the purely regulatory aspect, a prompt declaration is a sign of good faith. From experience, an insured person who delays making a declaration exposes themselves to several risks:

• Being accused of a lack of diligence in one's “obligation to provide information”, which requires contact your home insurance regarding any disaster whatsoever (still article L113-2).
• Allowing the damage to worsen and having to bear some of the additional costs. Because anything that results from a failure to “preserve” the damaged property remains the responsibility of the insured.
• Losing essential evidence to objectify the facts and facilitate the expert appraisal: traces of humidity, deteriorated materials, temporary repair invoices, etc.

The procedure to follow

Concretely, once the damage has been noticed, you must contact your insurer to notify them that the damage has occurred. The terms and conditions are specified in your contract: by telephone, email, or registered mail.

Have your contract number ready and provide as much information as possible about:

• The exact date and time of the incident, or its discovery.
• Its precise location: address, floor, room affected.
• Its nature and supposed origin: leak, infiltration, overflow.
• The presumed extent of the damage, with supporting photos if possible.
• Precautionary measures already taken: water cut-off, mopping up.

This initial declaration must then be confirmed in writing, by sending a detailed form within 15 days. This form will detail the above elements and must be accompanied by supporting documents: invoices, photos, initial repair estimates, etc. In short, any evidence that can attest to the reality and extent of the damage.

The use of expertise

Following this double declaration, the insurer will open a claim file. It will give the claimant a reference number and a dedicated manager. Depending on the case, it may then:

• Mandating an expert to assess the damage and calculate its cost: this is an almost systematic procedure for claims exceeding 1600–1800 euros (not a legal threshold, but a standard practice among insurers). The assessment takes place in the presence of the insured and results in a contradictory report that will serve as the basis for compensation.
• Request additional documents to support the file: invoices, actual quotes, various supporting documents, etc. Each time with a production deadline (15 days on average) to be respected, under penalty of forfeiture of the guarantee.
• Carry out drying operations: or emergency cleaning or disinfection if deemed necessary. The costs are then covered under “precautionary measures”.

Important to note: You have the right to appoint your own expert at any time, particularly if you dispute the insurer's expert's findings. Their fees will be covered, at least in part, by your policy if it includes the "expert's fees" guarantee.

What does the water damage guarantee cover?

Water damage cover is one of the fundamentals of multi-risk insurance dwelling. But its exact scope varies significantly from one contract to another. Here is what it generally includes:

• The cost of repairing damaged real estate: ceilings, walls, floors, partitions, doors.
• The cost of replacing damaged movable property: furniture, household appliances, clothing, miscellaneous items.
• The cost of leak detection and repair of defective pipes.
• The costs of demolition, clearing and removal of debris.
• The costs of drying and disinfecting the premises.
• Costs of temporary rehousing and/or loss of rent if the accommodation is uninhabitable.

But be careful, most contracts include specific limitations for:

• Slow and gradual infiltrations without apparent damage. These are often excluded or subject to very low ceilings (a few thousand euros).
• The cost of repairing the appliances that caused the damage (washing machine, dishwasher, water heater). These are rarely covered, unless a specific option is available.
• Damage to buildings that are not enclosed or fully covered (outbuildings, lean-tos). Coverage is very limited, if not non-existent.
• Cosmetic damage (marks, stains, mold) that does not affect the solidity or usability of the goods. Here again, reimbursement is capped.

To learn about the exclusions and limitations specific to your policy, refer to its information sheet. This rather technical appendix summarizes the main points of coverage. And if in doubt, don't hesitate to contact your insurer in writing for clarification.

Tenant or owner: who pays what?

In the event of water damage in a rented property, the question of the division of responsibilities between landlord and tenant is a thorny one. The general principle established by the Civil Code (art. 1732 to 1735) is as follows:

• The owner has every interest in insuring the walls and structural work via PNO (Non-Occupying Owner) insurance.
• The tenant must insure their personal property through MRH (Multi-risk Home) insurance.

But this principle can be qualified according to the circumstances:

• If the damage is due to poor building maintenance (damaged roof, outdated plumbing), the owner is liable. Their insurance must cover all damages, even to furniture.
• Conversely, if the damage results from a fault on the part of the tenant (defective appliance, lack of ventilation), it is their responsibility that is at stake. Their home insurance will have to cover all damage, including property damage.
• If no fault is established, each party pays their share: the owner for the walls, the tenant for the furniture via their respective insurances.

In practice, insurers often engage in a "battle of experts" to determine each party's responsibilities. A real headache for the insured! Hence the importance of seeking the support of an independent expert. And in the event of a persistent dispute, contact a mediator or conciliator before initiating lengthy and costly legal proceedings.

To avoid a lot of problems, nothing beats comprehensive and appropriate multi-risk home insurance, with solid guarantees, sufficient limits and limited exclusions.

For any questions, you can visit the forum house, dwelling and works