Home insurance: how does the expertise work?

Expertise is not mandatory in the field of home insurance.

But the law may require the use of expertise in certain cases. For example, the law provides that expert appraisal is mandatory for claims technological disaster which cause significant damage.

Apart from cases where the law makes the expert appraisal mandatory, it is the insurer who decides, following a declaration of claim, whether an expert appraisal is necessary or not.

In practice, the insurer uses expertise when it believes that it will be difficult to reach an amicable agreement on the amount of compensation or when the value of the damage exceeds a certain threshold.

In some cases, the insurer may offer direct compensation without expertise (called “over-the-counter” settlement) when the amount of damage is small.

If the insurer decides to use the expertise or if it uses the expertise to comply with a legal obligation, it will choose the expert.

But the judge can also order an expert report when the dispute over compensation is brought to court. In that case, the judge chooses the expert. It is then a question of forensic expert.

The expert appointed by the insurer must analyse the situation objectively, even if he is remunerated by the insurer.

You can also call on an expert of your choice, called an “insured expert”, to assist you.

A home insurance expert is a person who:

• has in-depth technical knowledge in real estate and construction
• and masters the legal rules applicable to insurance contracts and compensation mechanisms.

He can be an employee of a firm or work independently.

Some experts are placed on judicial lists when they intervene at the request of a judge.

The role of the expert is to ascertain facts or situations, to investigate the causes of the loss and to assess the damage.

At the end of the assignment, the insurer must submit an expert report to the insurer, which must include the following:

• Circumstances of the loss (events, date, time, persons present, witnesses, etc.)
• Causes of the disaster (fire by electrical short circuit, water damage by leakage on pipes etc.)
• Damage found (grilled electrical appliances, curved parquet, burned roof, etc.)
• Links between the loss and the damage found (well already damaged before the loss)
• Damage assessment (adjustment between the purchase price of old goods, price of a new product, etc.)
• Compensation proposal (repair of damaged equipment or purchase of new product).

The expert also checks that the accommodation and goods correspond to those declared in your contract (surface, number of rooms, furniture).

It can offer repair solutions rather than a replacement when possible.

The timeliness of the report depends on the severity of the disaster and the complexity of the mission.

The expert usually travels to the scene of the disaster (your home or local concerned) to see the damage.

However, for small claims, the expertise can be carried out remotely (i.e. from photos, documents, or even by videoconference).

The expert informs you in advance of his visit.

You must give him all the supporting documents necessary to estimate the damaged or missing goods: invoices, warranty vouchers, quotes, photos of the objects or facilities concerned,...

You can attend the expert report and make your comments.

The expert chosen by your insurer does not have a legal obligation to send you his report.

However, if the insurer relies on the expert report to refuse you compensation, you can request disclosure.

If the insurer refuses, you can bringing the matter before the courts for the judge to oblige the insurer to send you the expert report as part of the procedure.

In practice, some insurers agree to submit the report or summary.

If you do not agree with the conclusions of the expert appointed by the insurance, you can request a counter-expert.

For example, if the expert indicates that the loss was caused by your recklessness, while you believe that no responsibility lies with you.

In this case, you must call on an expert other than the one designated by your insurer.

The 2nd expert must carry out an amicable expertise contradictory with the insurer's expert. You're the one who has to take care of his fees.

If the two experts cannot reach an agreement, a new expert must be appointed to carry out a third-party expert assessment.

The 3rd expert must be appointed by mutual agreement between the two parties.

In case of disagreement, the 3rd expert will be appointed by the president of the judicial court or by the president of the commercial court of the place of the loss.

The insurer pays the expert it has appointed.

If you ask for a counter-expertise, the costs are in principle at your expense.

In case of 3rd expert, the costs are shared.

If the expert is appointed by the judge, the decision specifies who pays.

The cost of home insurance expertise is a minimum €800 and may exceed €1,000.