Explainer First aid · 3 min by Krantz & Polak
Your duty to mitigate: limiting further damage
You are required to take reasonable measures to limit the damage. What does that involve, and who pays those costs?
Explainer First aid · 3 min by Krantz & Polak
You are required to take reasonable measures to limit the damage. What does that involve, and who pays those costs?
The duty to mitigate is the statutory obligation to take reasonable measures to limit the damage as soon as a loss threatens to occur or has occurred. It sounds formal, but it comes down to common sense.
The reasonable costs you incur to limit the damage — the so-called mitigation costs — are generally payable by the insurer, even if the measures ultimately did not help. So keep all your receipts and invoices.
Please note — Only do what can be done safely. Never go back into a burning or unstable building to save belongings.
Not for every minor claim — but in these situations your own counter-expert almost always achieves a better and fairer outcome:
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