Your right to insurance coverage is not unlimited in time: beware of limitation periods

Gepubliceerd op 19/11/2025

Many insured parties, both private individuals and business owners, operate under the assumption that submitting a claim (in a timely manner) automatically ensures proper follow-up by the insurer.

In practice, insured parties often wait passively, only to suddenly realize that they have not received any updates regarding the status of their claim file for quite some time.

Unfortunately, it is not uncommon for the insurer to invoke the statutory limitation period and reject the claim outright.

This often leads to confusion and frustration: “But I am properly insured, aren’t I?”

Below, we outline the steps you should take to safeguard your rights.

1. First: what is a limitation period in insurance matters, and when does it begin?

Under Belgian insurance law, a statutory limitation period of three years generally applies. This period is based on Article 88, §1 of the Belgian Insurance Act (‘Wet betreffende de verzekeringen’).

The provision reads as follows:

“The limitation period for any legal action arising from an insurance contract shall be three years (…)”

In practical terms, this means that once you become aware of the damage and of the fact that such damage is (or should be) covered, the three-year period begins.

The limitation period thus starts from the moment you are able to act with full knowledge of the facts. This is usually the moment the damage occurs, although the exact start date may vary depending on the specific circumstances of the case.

It is therefore crucial to have your file legally assessed with precision.

2. Essential: notifying the insurer and diligent follow-up of the claim file

As soon as you become aware of a damage event, you must notify your insurer as quickly as possible.

However, merely reporting the damage by phone, which happens frequently, is often insufficient.

To protect yourself legally, we recommend:

• Reporting the damage in writing to your insurer, preferably by registered mail or via a traceable digital channel;
• Clearly formulating the request for intervention;
• Carefully preserving all correspondence.

This helps to anticipate potential evidentiary issues that may arise at a later stage.

Furthermore, it is important to monitor the claim file closely and ensure that you do not go for an unreasonably long period without any updates from your insurer.

Remember: the limitation period generally begins three years after you become aware of the damage and know (or reasonably should know) that it is covered.

3. What if the insurer invokes the limitation period?

The invocation of the limitation period by the insurer does not necessarily mean that all forms of intervention or compensation are definitively excluded.

It is, however, essential to keep accurate records of:

• When you became aware of the damage;
• When you contacted your insurer;
• Whether there may be grounds for interruption or suspension of the limitation period.

4. Interruption or suspension of the limitation period?

In certain circumstances, the limitation period may be temporarily suspended or interrupted. Common examples include:

• Negotiations between you and the insurer;
• Legal proceedings;
• Force majeure.

In such cases, it is strongly advised to seek expert legal advice to avoid irreversible errors.

Our firm has extensive experience in insurance law and is available to assist you at every stage of your case, both preventively and in the event of a dispute.

Do not hesitate to contact us for an initial consultation.