Natural disasters

Floods: what are the conditions for compensation?

Publié le 23 octobre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

In France, the risk of flooding is the main natural risk, in particular because of the extent of the damage it causes, the extent of the flood-prone areas and the number of inhabitants living in these areas. You can only be compensated for damage caused by a flood or any other event of this type (earthquake, avalanche...) if you are insured for these risks and a natural disaster order has been published. Service-Public.fr introduces you to the support details.

The Natural Disaster Guarantee allows you to be compensated for damages caused by flooding and mudslides, but also in case in particular:

  • earthquake;
  • drought;
  • landslide;
  • mechanical shock due to wave action.

It is not compulsory insurance and is therefore not included in basic insurance contracts. However, it is part of property and casualty insurance.

In order for the insurer to be able to compensate you, it is also necessary that a interministerial order for the recognition of the state of natural disaster be published in the Official Journal. That administrative act shall specify:

  • municipalities recognized as being in a state of natural disaster;
  • the periods during which the events occurred;
  • the nature of the damage caused by the natural disaster.

The interdepartmental order allows you to know if your home is one of those affected by the natural disaster.

FYI  

The natural disaster guarantee must cover:

  • the cost of direct material damage caused by the natural disaster;

  • the cost of certain costs (architect’s fees, project management costs...) necessary for the rehabilitation of your accommodation.

On the other hand, it does not necessarily cover personal injuries and those not directly related to the disaster (furniture storage costs, rent losses...). You should therefore consult the terms and conditions of your contract to determine the scope of the support.

Please note

In France, the risk of flooding is the first natural risk. In metropolitan France, it is the Mediterranean area that is most exposed, where there is a phenomenon of intense rainfall that can cause flash floods, mainly from August to December.

What steps are taken to be compensated in the event of a natural disaster?

To be compensated for damage caused by a natural disaster, you must:

  • make a claim with your insurer as soon as you become aware of the event, and no later than 30 days after the publication of the natural disaster order in the Official Journal (your insurer's details are present on the receipts and on your contract);
  • if necessary, ask your city council to initiate the classification of the municipality as a natural disaster zone;
  • await recognition of the state of natural disaster by an interdepartmental order (you can browse the Official Journal regularly to check whether or not this interdepartmental order has been published (and you can consult the natural disaster orders concerning your municipality on the website of the Central Reinsurance Fund).

Your claim must be sent to your insurer by registered letter, preferably with acknowledgement of receipt. In this email, you must specify:

  • your name, first name and address;
  • the number of your insurance contract;
  • the nature of the loss and the date, time and place;
  • a list of lost or damaged items, together with documents proving the existence and value of such items (e.g. an invoice or photograph);
  • an estimate of your loss (if you have taken out operating loss insurance);
  • damage to others (for example, if a tree on your property fell and caused damage to a neighbor).

Please note

You should keep the damaged items as they may be examined by your insurer or by the technician designated for the assessment.

Within what timeframe will you be compensated?

The amount of your compensation is calculated based on your loss and the terms of your contract. Your insurer must pay you:

  • a provision on your allowances within 2 months that follow the date of delivery of the estimated condition of the damaged property or losses incurred (this is either the final forensic report or in the absence of a forensic report of the estimated condition that you submitted);
  • compensation within 3 months which follow the effective date of delivery of the estimated condition of the damaged property or losses incurred.

Agenda