Board logo

my neighbour flooded me and i dont want to claim my insurance
thunderace - 25/7/11 at 07:55 AM

i have ha my flat flooded by the guy upstairs he contacted his landlord and he said contact his insurance ,they told me i need to clam through my insurance but i dont want to as it will go up and it was his fault ,what can i do ?

eznfrank - 25/7/11 at 08:12 AM

If you go through your insurance they should then pursue his insurer for any losses - shouldn't unltimately effect your insurance premiums (in theory)

wilkingj - 25/7/11 at 08:53 AM

quote:
Originally posted by eznfrank
If you go through your insurance they should then pursue his insurer for any losses - shouldn't unltimately effect your insurance premiums (in theory)


I agree. Its what you pay them for, ie to sort it out.
If its clearly his fault, then they shold get it back off his insurer.

Make sure you get the neighbours insurance Co's details, and give them to your insurer.
You could claim directly off his insurer, but why?? Thats what you pay your Insurance Co for, to do these things for you.

Check his Insurance has a 3rd party liability section, or get his Ins Co name and ask your insurer if they are able to get it back off them.
Then you will know if you can claim on your own insurance.

Its a bit like cars, as the Ins Co will offload any payout, especially if they can get it back form his insurers.

If you dont ask, you wont find out. Dont start a claim until you know where the land lies.
Give your insurance co a ring today and ask them. Advice wont cost, but doing a claim incorrectly could cost you a lot.

Cheers

nick205 - 25/7/11 at 08:55 AM

I can't remember exactly, but from when we were in a (rented) flat and suffered the same scenario it ended up involving the freehold company's "buildings" insurer as the leasehold flat owners only had "contents" insurance. We still had to involve our insurer although this was a fomality and did not affect our accrued no claims bonus.

shindha - 25/7/11 at 09:22 AM

I know that there are companies who will pursue car insurance claims and not involve your insurance but it has to be clear that you were not at fault and you sustained injury - basically they make thier money through handling the injury side I think. may be you could pursue his insuranc cmpany directly.

Litemoth - 25/7/11 at 09:22 AM

Maybe there's a intermediary company that can pursue it on your behalf?...Like Helphire for cars...

A quick search has just turned up

http://www.tangiblebuilding.co.uk/

...but i can't vouch for them at all. Tread carefully.

I would discuss the matter with your insurers and see what your liability or NCD losses would be in theory at least.

Theshed - 25/7/11 at 12:21 PM

Sorry to be the bearer of bad news but a flood from upstairs is not necessarily "his fault" as a matter of law and his insurers might well say take a hike. To succeed in such a case it is necessary to show negligence (i.e fault) so the usual leaky appliance, bust pipe etc is not actionable. You do not say what caused the flood - some pipes may well be the responsibility of the freeholder. I would notify your insurers just in case you do find you need to make a claim.

thunderace - 25/7/11 at 07:06 PM

i phoned as the flood was not in his flat (he had a burst pipe in his floor his heating pipe flooding my flat below)his insurance only covers his flat not mine.

[Edited on 25/7/11 by thunderace]

McLannahan - 25/7/11 at 07:32 PM

That's true I'm afraid. I sadly caused the same thing twice myself a good few years ago. Washing machine packed up and leaked onto their ceiling. They claimed on their insurance. I did inform my own I insurer that this had damaged other property and they said they'd be responsible for their own damage, even though I had caused it. Year or so later my hot water tank leaked onto their ceiling again! They loved me those neighbours....

I'd ask them to inform their insurers but I think you'll find they're only intersect in their own client for a case like this.

Theshed - 25/7/11 at 08:15 PM

Sorry! That is one of those odd things where the courts will say that it is reasonable for you to insure against (and thank goodness you have).

Mark Allanson - 25/7/11 at 08:26 PM

It is all to do with negligence.

If the flat owner was negligent in allowing the flood, that is he actually caused the flood, by action or inaction, then the 3rd party liability may cut in. If the pipe just burst due to a manufacturing fault, mouse with hacksaw teeth etc, then he wasn't negligent, so not liable.