Evidence for your insurance claim: substantiating cause, ownership and the amount of loss

1. Start with the actual evidence question

Read the decision and note exactly which facts are not accepted. Is the dispute about theft, ownership, cause, age or the repair amount? For each subject, create a row setting out the position, available evidence and missing information. The same document can be strong on one question and uninformative on another. A bank payment may help explain a purchase without automatically proving that the item was later stolen. Defining the issues this way prevents much unfocused work. Ask for a written explanation if the insurer merely states in general terms that your evidence is insufficient.

For damaged or stolen household belongings, use the guidance on home contents insurance to link the evidence for each item to its location, ownership and valuation.

2. Preserve original records

Save photographs, messages, invoices and documents in their original form. Make copies for annotations and keep the distinction clear. For photographs, record the date, who took them and what they show. A selection can make an explanation easier to follow, but do not discard the rest because it appears unfavourable. Also keep files you have already submitted. That history matters if a dispute later arises about an altered document. A statement prepared afterwards should not be presented as an original purchase invoice or an observation made at the time.

3. Substantiate the event and cause separately

Describe events you personally observed and distinguish them from suspicions about the cause. Where relevant, gather statements, notifications, maintenance information and technical findings. Ask an expert to answer a clearly defined investigation question. A report merely confirming that something is broken need not refute a cause-related exclusion. Also identify limitations, for example if repairs have changed the original condition. Avoid firm conclusions beyond your knowledge. A lawyer can determine which facts are legally decisive before you commission expensive additional investigation that does not address the ground for refusal.

A useful starting point for the damage claim discussed here is that you substantiate the facts establishing positive cover under the policy; if the insurer subsequently relies on an exclusion, it must substantiate the facts supporting that exclusion. Kifid explains this sequence in relation to water damage: evidence of a suddenly leaking pipe may concern the coverage question, while reliance on a maintenance exclusion requires separate substantiation. The wording of the cover and the statutory evidence rules remain decisive; this does not establish a fixed outcome for every product or disputed fact. Therefore ask whether the insurer means a missing coverage requirement or an exclusion before commissioning further investigation.

4. Make ownership, value and damage verifiable

Connect claimed items to purchase records, payment details and other relevant documents. Describe their condition and use honestly. For the amount, the policy basis and valuation method matter; the new price, repair price and value before the damage need not be identical. Ask for quotations to break down the work. A total without quantities or a method makes it harder to assess where experts disagree. List advances and items already reimbursed separately to avoid a duplicate claim. A missing purchase receipt does not automatically mean that no other evidence is possible, but it does require a specific explanation.

5. Organise statements and expert input

A witness should describe what they personally observed and when. Do not have someone repeat your own conclusion as though it were an independent observation. Keep contact details and original messages. Expert assessment may be appropriate where technical or financial positions differ. Kifid distinguishes a counter-assessment of the amount of loss from an investigation into whether the policy provides cover. Have the costs and assignment assessed beforehand. The length of a report or number of photographs does not automatically establish evidential weight. What matters is whether the method, data and conclusion together answer the relevant question.

6. Present the file understandably

Use a table of contents and number the files. For each argument, refer to a document and briefly explain what it supports. Identify missing information and who holds it. Article 7:941 BW, as reproduced in Kifid decisions, also concerns relevant information and documents for assessing a claim. Ask for clarification of an unclear request and respond in time. Sending a complete folder is not the same as demonstrating that every decisive fact has been proven. Following a refusal, compare the reason with the content of your evidence rather than merely sending the same folder again.

7. Fictional example: a quotation does not answer the cause question

Suppose an insured person seeks compensation for a damaged floor. He has a detailed repair quotation, but the insurer disputes that a covered event caused the damage. The quotation shows work and costs, not an investigation into how the damage arose. He therefore also gathers original photographs, a timeline and relevant technical information. This fictional example guarantees no cover and does not automatically prescribe a particular investigation. It shows why the substance of the evidence question matters more than the volume of paperwork, and why a lawyer can help distinguish missing elements from those already sufficiently substantiated.

8. Checklist for well-prepared advice

Ask which facts are legally relevant and genuinely disputed. Discuss how missing evidence can be obtained lawfully and whether an investigation is still useful. Clarify costs and responsibility for deadlines. Keep original documents available after submission for questions or proceedings.

• Decision identifying the specific disputed facts.
• Timeline, original photographs and factual statements.
• Evidence of interest, ownership, condition and applicable valuation basis.
• Itemised quotations, reports and payment overview.
• Numbered document list, submitted versions and acknowledgements of receipt.