In short: If sewage backs up into your basement in Michigan, three things decide who pays: whether your homeowners policy has water and sewer backup coverage, whether the backup came from a public sewer, and whether you give the sewer authority written notice within 45 days of finding the damage. Start the cleanup safely right away, photograph everything first, and put the 45-day date on your calendar.
Is it a backup, a flood or seepage?
Insurers treat these differently, so it helps to know which one you have. The Detroit Water and Sewerage Department points out that basements are prone to all three: they sit below ground where water seeps, drain tiles fail when they aren't maintained, and the sewer lateral that carries sewage from the house can fail and back up.
| What it is | What insurance usually needs | |
|---|---|---|
| Backup | Water or sewage pushed up through a floor drain, toilet or shower because the sewer can't carry it away | A water and sewer backup endorsement, which isn't automatic |
| Flood | Surface water coming in from outside | A separate flood policy, through the NFIP or a private insurer |
| Seepage | Groundwater working through the walls or floor | Read your policy, and ask your agent |
Michigan's Department of Insurance and Financial Services (DIFS) suggests describing the loss to your insurer as water damage and asking what coverage applies, rather than calling it a flood, because flood has a specific meaning in most policies.
What your homeowners policy usually covers
DIFS is plain about it: water and sewer backup coverage is not automatically part of a homeowners or renters policy. It is usually an endorsement you add, and it pays only up to the limit you chose, either a set dollar amount or a percentage of your dwelling coverage.
Backup coverage typically pays for
- Water that backs up through a sewer or drain
- Water that overflows from a sump, including when the sump pump breaks down
It typically doesn't pay for
- Flooding, which needs its own policy
- Repairing or replacing the broken sump pump itself
- Damage from lack of maintenance or wear and tear on the pump
If you have a finished basement or keep belongings down there, DIFS suggests asking your agent about the endorsement before you need it. Its cost is low compared with the protection it gives.
The 45-day notice: when a public sewer is to blame
If the backup came from a public sewer system, Michigan law (MCL 691.1419) lets you make a claim against the governmental agency that runs it, but only if you give that agency written notice within 45 days after you discovered the damage, or should have discovered it with reasonable diligence. Miss the deadline and you can lose the claim.
What the written notice must include
- Your name, address and phone number
- The address of the damaged property
- The date you discovered the damage
- A brief description of the claim
It goes to the person the agency has designated to receive these notices, and the agency must give you written information explaining the requirements and naming that person if you contact it about a backup. In Detroit, DWSD's process is to call (313) 267-8000 to report the backup and get a service request number, then file a Notice of Claim online within 45 days of discovering the backup. Suburban communities have their own sewer departments; call yours the same day you find the water and ask how to file.
What to do in the first few hours
Power first
Stay out of standing water until the power to the basement is off. Shut off the main breaker only if you can reach the panel without stepping in water.
Treat it as sewage
Rubber boots and gloves, children and pets upstairs, and no fans until you know the water is clean: EPA's guidance says contaminated water calls for protective equipment and containment, and fans can spread contamination.
Photograph everything
The water line on the walls, the floor drain, damaged belongings, before you move anything. DIFS also asks you to list damaged items with approximate purchase dates and values.
Call your insurer
Report water damage, and write down the claim number, the date and time, and who you spoke with.
Report the backup
Call your sewer authority the same day and start the 45-day written notice.
Get it out and drying
EPA's guidance is to dry water-damaged areas within 24 to 48 hours to prevent mold, and porous materials soaked by sewage, such as carpet, pad and the bottom of the drywall, generally have to go.
Keep the receipts for anything you buy to limit the damage. DIFS notes that most policies expect you to take reasonable steps to prevent further damage, and those costs may be reimbursed. Hold off on permanent repairs until your insurer has seen the damage or tells you to go ahead.
Lowering the odds next time
Questions people ask us
Does homeowners insurance cover a sewer backup?
Only if your policy has water and sewer backup coverage, which DIFS says isn't automatic. It's usually an endorsement you add, with its own limit.
How long do I have to file a claim against the city?
Under MCL 691.1419, written notice is due within 45 days after you discovered the damage. In Detroit, call DWSD at (313) 267-8000 first for a service request number.
Can I clean up sewage myself?
A small amount, with boots, gloves and the area closed off, maybe. Anything that soaked into carpet, drywall or furniture needs removal and disinfection, and EPA's guidance calls for protective equipment and containment.
Sources
- Michigan Legislature: MCL 691.1419, notice of a sewage disposal system event claim
- DWSD: Damage claims and sewage backups
- DWSD: Basement backup and flood protection
- Michigan DIFS: Water and sewer backup coverage (PDF)
- Michigan DIFS: Disaster preparedness and recovery
- EPA: Water damage cleanup and mold prevention, Table 1 (PDF)
- EPA: A brief guide to mold, moisture and your home
