When something happens

I have just had a claim: when must I report it?

Seven days — and reporting before you have every detail beats waiting until you do.

The doubt of the first few days

After a claim almost nobody is sure where to start, and it is common to think you must gather quotes, photos and invoices before reporting it. Meanwhile the days go by.

That order is exactly the wrong way round: the clock runs from when you learn of the claim, not from when your file is complete.

What the law says

Notice must be given within a maximum of seven days from learning of the claim. The policy may set a longer period — only longer, never shorter — so it is worth checking: sometimes there is more room than you think.

And if the deadline is missed? The consequence the law provides is not losing the payout: the insurer may claim the loss caused by the failure to report. That is, you answer for the harm the delay caused, not for the whole amount of the claim.

There is also a safeguard: that effect does not apply if it is proved the insurer learned of the claim by other means.

What can cost you the payout is something else: the duty to give full information about the circumstances and consequences of the claim. There, the right is only lost where there was wilful misconduct or gross negligence.

Why reporting early protects you

There is a practical reason that sits not in article 16 but in article 20, on late-payment interest: that interest runs from the date of the claim, but if the claim was not reported in time it runs from the date of the report instead. Reporting late does not only open the door to a claim for damages: it also cuts the interest you would be owed if payment is later delayed.

So the effective thing is to report as soon as you know, even with only the basics, and complete it afterwards. Valuations and quotes come later; the notice comes first.

An example

A water leak appears on a Saturday and on Monday the real extent becomes clear once the flooring is lifted. The clock runs from when the claim is known, so the right move is to report it that same week, describing what is known.

Waiting three weeks for the tradesman’s quote improves nothing and may complicate matters: the company could claim the loss caused by the delay — for example if the damage grew because nothing was done — and the interest clock would start later.

In short

  • Seven days from learning of the claim, unless the policy gives more room.
  • The policy may extend the deadline, never shorten it.
  • Reporting late does not void the payout: it allows a claim for the loss caused by the delay.
  • There is no effect if the insurer learned of the claim by other means.
  • A delay moves the start date for late-payment interest.

Frequently asked questions

Not for the delay alone. The law lets the insurer claim the loss caused by the failure to report, which is not the same as denying the claim.

No. The law allows the policy to set a longer period, not a shorter one.

Yes. The clock runs from when you learn of the claim. The valuation comes later, and reporting early protects the late-payment interest clock.

This content is for information only and does not replace legal advice for a specific case.

Do you have a specific case? Let us go through it with you.

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