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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?

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.

Examples of reasonable measures

  • Turning off the mains water in the event of a leak.
  • Scooping away water or removing a wet carpet.
  • Temporarily sealing a broken window or roof with tarpaulin.
  • Moving valuable or still-dry belongings to safety.
  • Ventilating and drying (or having things dried) to prevent mould.

Who pays the costs?

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.

When is your own expert a wise choice?

Not for every minor claim — but in these situations your own counter-expert almost always achieves a better and fairer outcome:

  • The damage is substantial (guideline: from around € 5,000).
  • The insurer doubts your account or accuses you of intent, negligence or fraud.
  • The cause or circumstances are unclear — often with fire or water damage.
  • An exclusion or deduction is invoked that you do not understand.
  • There is underinsurance, or discussion about current value and depreciation.
  • There is business interruption loss on top of the damage to property or contents.
  • Your claim has been (partly) rejected.
  • Before you sign — or before the insurer's expert records the damage one-sidedly.

Not sure whether it makes sense in your case? A first check costs nothing.

Also relevant

Just had damage?

Call us or report your claim online. We usually respond within 24 hours.

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