Water damage claim rejected?
Always ask for the full written reasons: the cause of the leak determines which insurance policy has to pay.
Nederlands: Lees dit artikel in het Nederlands: Waterschade afgewezen door de verzekeraar: lekkage, onderhoud of toch dekking?
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- Record what happened: photos, the date and where the water came from.
- Distinguish sudden damage from gradual, overdue maintenance.
- A rejection is not the end of the road; you can take the matter to Kifid, the Dutch Financial Services Complaints Tribunal.
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Your ceiling has been damaged by a leak, the floor is warping or furniture has got wet. Yet the insurer rejects the water damage claim. For example, because the cause has not been established, the sealant joints are said to be poor or there is said to be overdue maintenance. Whether the insurer is right not to pay depends on the policy, the technical cause and the evidence. First ask which cover provision or exclusion the insurer considers applicable.
Responsible attorney: Onur Arslan, attorney at Arslan Advocaten. Content updated on 21 September 2026.
Which insurance policy should assess the water damage?
Damage to the building may fall under buildings insurance (opstalverzekering). For damaged belongings, you would generally look to your contents insurance (inboedelverzekering). With floors, a kitchen or improvements made by a tenant, the classification is less obvious. The policy determines, among other things, what is treated as buildings, contents, tenant’s interest or owner’s interest. An example of that distinction can be found in the Interpolis explanation of leaks; your own conditions apply to your claim.
Why is the cause of the leak so important?
Not every form of damp or water damage falls under the same cover. A leaking pipe, penetrating damp, rain coming through a damaged roof and water entering through worn joints may bring different provisions into play. Sometimes the cause is insured, sometimes a specific exclusion applies and sometimes the cover is limited to certain consequential damage.
You should therefore ask the insurer for a precise explanation. At what point did the water enter? Which component was defective? How was that established? And which passage of the conditions does the insurer attach to that finding? A statement that there has been a leak is not yet a full technical analysis.
A plumber or installer can help by recording findings with photos, measurement data and a description of the repair. Ask for observations and a reasoned conclusion, not just for an invoice stating that a leak has been fixed.
Leaks in the bathroom caused by pipework or sealant joints
With a bathroom leak, it is not only the room the water comes from that matters. The technical source may be a pipe, connection, drain, joint or other seal. A policy may contain different rules for those causes. You should therefore have a report explain what was actually investigated and how alternative causes were assessed.
If the claim is rejected because of poor sealant joints, ask whether the expert established that conclusion on site or inferred it from photos. Were the pipework and drain also tested? Applying a new sealant bead may be sensible in practice, but in itself says nothing about what caused the earlier leak. Keep the costs of necessary repairs separate from a desired renewal of tiles or sanitary fittings.
Water damage caused by a leaking roof or heavy rain
With a roof leak, the roof covering, flashings, gutters and drainage may play a role. Also investigate when the damage occurred and whether earlier leaks were known. The mere observation that it rained heavily does not yet answer whether there has been an insured event. The conditions for rainfall damage may also differ from those for water from pipes.
Have a roofer record the situation found and ask which work is urgent. Keep photos from before the emergency repair and the explanation of the cause. If the insurer rejects only the roof repair, also ask for an express decision on the damage inside the home. Depending on the conditions, that consequential damage may be assessed differently from the worn roof covering itself.
Who must prove that the damage is covered by the insurance?
As the insured party, you must in principle substantiate that an event has occurred that falls within the cover. If the insurer then relies on an exclusion, it must in principle substantiate the facts required for that exclusion. Which party has to prove what also depends on the wording of the policy and the specific dispute.
That distinction was relevant in Kifid 2026-0118. There was visible water damage, but the exact cause of a bathroom leak remained unknown. After a complete renovation, it could no longer be established. Kifid rejected the claim because an insured event had not been sufficiently proven. Photos of damage therefore do not automatically prove an insured cause as well.
What if the insurer argues that there was overdue maintenance?
Ask what maintenance the insurer believes was needed, how the defect can be recognised and how it caused the damage. The mere fact that a bathroom or roof is old does not yet tell you which policy article applies. Conversely, the absence of visible defects does not automatically mean that an exclusion does not apply.
Keep maintenance invoices, inspection reports and earlier reports to a landlord, contractor or owners’ association (VvE). If the insurer refers to worn joints or sealant joints, ask whether it has technically investigated how the water travelled. Perhaps the dispute concerns the source of the leak; perhaps the source is established and the dispute concerns only the interpretation of an exclusion. In those two situations you need different evidence to the contrary.
Which costs should you distinguish from one another?
Break down your statement of loss. This prevents a dispute about one item from obscuring your other claims.
| Cost item | What needs to be assessed |
|---|---|
| Repairing the cause | Is repair or replacement of the leaking pipe, sealant bead or roof covering itself insured? |
| Consequential damage | What damage to walls, floor or belongings was caused by the water, and is it covered? |
| Leak detection and opening up | Under what conditions does the policy cover tracing the leak and making it accessible? |
| Emergency measures and drying | Which measures were reasonable and necessary, and on what basis can they be reimbursed? |
| Improvement or renovation | Which part goes beyond repairing the insured damage? |
That consequential damage and repair of the cause must be considered separately is also apparent from Univé’s explanation of consequential damage from leaks. Your precise entitlements still depend on your policy. Have a quotation list the components separately as far as possible. A completely renewed bathroom is not necessarily the same as the damage caused by the insured event. Also state the policy excess and avoid claiming the same costs twice from several parties.
Water damage caused by upstairs neighbours in a rented home or flat
Report the leak to your own insurer and involve the upstairs neighbours, the landlord or the owners’ association (VvE) if their cooperation is needed to find the source. Record which room and installation were investigated and who gave access. A report stating only that water came from above may not make it sufficiently clear who is responsible for the repair.
Distinguish between cover under your own insurance and the liability of someone else. The location of the leak does not automatically mean that the upstairs neighbour must compensate all your damage. That requires a separate assessment of the facts and the applicable rules. With a VvE, the building policy and the arrangements on communal and private parts are also relevant. So do not report your damage to only one party and then simply wait without consulting your own policy.
What should you do immediately after discovering the damage?
Limit further damage where this is safely and reasonably possible. For example, turn off the water supply in the case of an active burst pipe and move vulnerable belongings. In an emergency, do not wait until an expert is available before taking necessary measures. In the meantime, record as well as you can what you find and which interventions are necessary.
Report the damage to the insurer promptly and ask how the investigation will be organised.
Take overview photos and detailed photos before, during and after the emergency repair.
Note down the discovery, any earlier signs, the people involved and the measures taken.
Ask the repairer to record the cause in writing and, where possible, to keep defective parts.
Keep quotations, invoices, moisture readings and correspondence.
Coordinate any non-urgent, permanent repair with the insurer while the cause still needs to be investigated.
This approach helps to combine necessary damage limitation with the preservation of evidence. Also record it if the insurer can only send an expert much later, and ask in writing how you should act in the meantime.
Is a counter-appraisal worthwhile?
An independent expert can be worthwhile where there is a technical disagreement about the cause or the extent of the damage. First formulate the question to be investigated. An expert who only estimates repair costs does not automatically answer the question of why the water started leaking.
Discuss the instructions, the costs and the possibility of reimbursement in advance. The statutory rules on reasonable costs of assessing the loss do not give a general guarantee that every form of investigation will be reimbursed in full. Where different reports are in dispute, what matters most is which observations and assumptions diverge. Read more about counter-appraisal and conflicting expert reports.
Substantiating drying costs and leak detection separately
A dispute about repair costs may also concern leak detection, drying equipment, temporary accommodation or extra electricity consumption. For each item, ask which policy cover or other basis for reimbursement is being assessed. For drying equipment, keep a record of the rental period and any available consumption data. Make clear which costs were necessary because of the leak and which costs you would normally have incurred anyway.
A leak detection investigation that did not find the cause also deserves a specific assessment, but it is not automatically insured. The purpose of the investigation, the policy conditions, the necessity and the arrangements made may be relevant. Give an expert clearly defined instructions and ask for clarity about the costs in advance. Keep that question of costs separate from the substantive disagreement about the technical cause.
What if the expert’s estimate of the repair costs is too low?
Ask for an itemised estimate. Which surfaces, materials, labour hours and finishing work have been included? Compare this with a quotation that describes the same repair. A difference between two total amounts is less transparent than a comparison per item of loss. Also think of demolition work, repair of substrates and refitting of components that had to be removed for the investigation.
Discuss differences in colour or material if a partial repair may remain visible. Whether a more extensive repair will be covered depends on the policy and the specific damage. Do not present a desired improvement as existing material. If a difference of opinion persists, a counter-expert can help to substantiate the extent of the damage and set the assumptions of both estimates side by side.
How do you object to the rejection?
Respond in writing to the exact ground for rejection. Identify the relevant policy passage, the technical findings and the separate items of loss. Ask for a reassessment and for an answer on the points left open by the first decision. Enclose new documents with a brief explanation of their significance.
If the internal complaint does not help, proceedings before Kifid or the court can be considered. The right route depends on, among other things, your position, the insurer and the nature of the dispute. Have the limitation period and other relevant time limits checked. On our page about rejection of an insurance claim you can read more about next steps.
Challenging a rejection or a low repair amount
Compare the report with photos, maintenance information and repair quotations. Ask why certain repair work would supposedly not be necessary. A counter-expert can assess the cause and the extent of the damage in a targeted way.
For the costs of assessing the loss under your own insurance, the statutory rules and reasonableness are important; see Supreme Court of the Netherlands, ECLI:NL:HR:2022:81. Arrange the instructions and reimbursement in advance. A general promise that all expert costs are always free of charge goes too far.
Related topics
Practical example: one leak, different costs
Suppose a leaking connection causes damage to the ceiling and extra electricity consumption from a dryer. Ask the repairer to itemise separately the repair of the connection, the repair of the ceiling and the necessary drying costs. The policy may treat these items differently. Before the permanent repair, record what actually leaked and which measurements were taken. A photo of a wet ceiling does not in itself show which connection was defective. This example illustrates how to build up a file and is not a promise that these costs are always insured.
If the insurer also rejects other parts of your claim, see the general approach to a rejected insurance claim. Where necessary, use different expertise for the technical cause and for the interpretation of the policy.
Frequently asked questions
Is a leak always insured if I have all-risks insurance?
No. Even extensive cover has conditions and exclusions. The name of the product is not enough to assess whether your specific cause and items of loss are insured.
Can consequential damage be insured even if repair of the defect is not covered?
That is possible, depending on the conditions and the cause. Have the insurer assess both parts separately and explain the rejection per cost item.
Does the insurer have to pay because my landlord has repaired the bathroom?
A repair by the landlord does not in itself prove what caused the damage or that it falls under your insurance. You should therefore also request the investigation and repair details.
Does insurance pay for water damage caused by poor sealant joints
That depends on the policy and the proven cause. Some conditions exclude damage caused by sealant joints that are not watertight. Ask which provision is being applied and which investigation supports that cause. The mere fact that old sealant is present somewhere does not yet answer the question of cause.
Who pays for water damage that originates at my upstairs neighbours?
Check your own cover and report the problem to the residents concerned, the landlord or the VvE. Damage caused by a leak above your home does not automatically mean that the upstairs neighbour is liable. Cover, the obligation to repair and liability must be assessed separately.
Is damage to my laminate floor covered by the buildings or contents insurance?
That depends on, among other things, the floor, the way it was laid and the definitions in the policy. Additional arrangements may apply to a tenant’s or owner’s interest. Send photos and information about the floor and ask which insurer is handling that item of loss.
Will I be reimbursed for leak detection costs if no leak was found?
That is not a given. Have it assessed which cover applies, why the investigation was necessary and what arrangements were made about the instructions. An invoice for leak detection proves the costs incurred, but not yet that those costs fall under your insurance.
Can I have an emergency repair carried out straight away?
Take reasonable measures to limit further damage and pay attention to your safety. Record the necessity and the situation beforehand as well as you can. Report the damage and ask how the insurer wishes to organise the further investigation. Keep parts and invoices where possible.
Do I pay the policy excess several times for a recurring leak
That depends on the conditions and on whether there is a single event or separate losses. Note the discovery, cause and repair for each leak. If several deductions are made, ask which events and policy rules the insurer relies on.
Does insurance cover mould that develops after water damage
That must be assessed against the cause, the course of events and the policy. Record when the mould became visible, how drying was carried out and which reports you made. Existing damp problems and mould after a specific leak may call for different assessments.
Have your water damage claim assessed
Arslan Advocaten can assess the rejection, your policy and the expert reports. We discuss which substantiation is missing and whether negotiation, an expert investigation or proceedings would be worthwhile. Have the rejection, photos and quotations to hand and get in touch. You can find more about our work on the insurance law page.
