thunderace
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| posted on 25/7/11 at 07:55 AM |
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my neighbour flooded me and i dont want to claim my insurance
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 ?
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eznfrank
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| posted on 25/7/11 at 08:12 AM |
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If you go through your insurance they should then pursue his insurer for any losses - shouldn't unltimately effect your insurance premiums (in
theory)
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wilkingj
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| posted on 25/7/11 at 08:53 AM |
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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
1. The point of a journey is not to arrive.
2. Never take life seriously. Nobody gets out alive anyway.
Best Regards
Geoff
http://www.v8viento.co.uk
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nick205
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| posted on 25/7/11 at 08:55 AM |
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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.
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shindha
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| posted on 25/7/11 at 09:22 AM |
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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.
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Litemoth
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| posted on 25/7/11 at 09:22 AM |
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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.
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Theshed
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| posted on 25/7/11 at 12:21 PM |
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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.
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thunderace
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| posted on 25/7/11 at 07:06 PM |
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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]
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McLannahan
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| posted on 25/7/11 at 07:32 PM |
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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.
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Theshed
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| posted on 25/7/11 at 08:15 PM |
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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).
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Mark Allanson
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| posted on 25/7/11 at 08:26 PM |
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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.
If you can keep you head, whilst all others around you are losing theirs, you are not fully aware of the situation
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