ChatGPT · New Zealand
My insurer says I shouldn't have driven through floodwater and won't pay for the damage. What can I do?
If your insurer has declined your claim because you drove through floodwater, you can still challenge the decision. In New Zealand, the key question is usually whether the insurer is applying the wording of your policy correctly and whether the circumstances justify the exclusion they are relying on. Consumer Protection
Here are practical steps you can take:
Ask for the refusal in writing
- Request the exact policy clause they are relying on.
- Ask them to explain why they believe your actions fall within that exclusion.
- Ask for the evidence they used (for example, assessor reports, photos, weather or road information).
Review your policy wording
Look for sections about:- flood or water damage
- driving through water
- reasonable care / negligence
- exclusions and conditions of cover
The wording matters. There can be a difference between deliberately taking an obvious risk and encountering unexpected flooding where the depth, speed, or danger was not reasonably apparent.
Make a formal complaint to the insurer
Tell them you are making a formal complaint, not just asking for a review. Explain:- what happened
- why you disagree with the decline
- what outcome you want (for example, reconsideration of the claim)
Insurers must have a complaints process, and Consumer Protection recommends raising the issue directly with the provider first. Consumer Protection
Gather evidence
Useful information may include:- photos/videos of the water and road conditions
- dashcam footage
- weather warnings or council/road notices
- witness statements
- your account of why you believed it was safe to proceed
- the mechanic’s report showing what damage occurred
Escalate if the insurer does not change its decision
If you cannot resolve it, your insurer’s dispute resolution scheme may be able to review the matter. Financial service providers in New Zealand must belong to an approved dispute resolution scheme, such as the Insurance & Financial Services Ombudsman Scheme or another approved scheme. These services are free and independent. Financial Markets AuthorityConsider further options
Depending on the situation, you may also be able to use the Disputes Tribunal for eligible claims. Consumer Protection
A useful question to put to your insurer is:
“Please explain the factual basis for your decision that I breached the policy by driving through floodwater, including the specific policy wording relied upon and why you consider the exclusion applies in these circumstances.”
If you tell me:
- whether this was car insurance or another type of policy,
- what the insurer says you did wrong (for example “ignored warning signs” or “water was too deep”),
- and whether the car was damaged by engine water ingress, electrical damage, or something else,
I can help you assess how strong your challenge may be and draft a complaint.
ChatGPT can make mistakes. Check important info.
Captured 11 October 2026