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Money Moral Dilemma: Should we pay for water damage caused by our machine?

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This week's MoneySaver who wants advice asks...

Our dishwasher malfunctioned and flooded the downstairs neighbour. Our insurance won't pay out as there was no negligence on our part. Should we pay out of our own pocket, pay her excess (even though this could affect her premiums), or leave it to her to sort out herself?
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Comments

  • Growmac
    Growmac Posts: 11 Forumite
    Not much of a dilemma. That's unlucky, but you're liable in my view as it was your machine that caused the damage, so you should pay. If I was her and you didn't pay I'd sue you for the cost of the damage.
  • Andypandyboy
    Andypandyboy Posts: 2,472 Forumite
    This is why you should have accidental damage cover specific for flats. Yes, I think you are liable, your machine.
  • warby68
    warby68 Posts: 3,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And the dilemma is ?
  • Torry_Quine
    Torry_Quine Posts: 18,873 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    No you shouldn't pay. That's why the neighbour should have insurance. It would be different if it were your fault.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • Malfunctioned why, no maintenance , poor design , neighbour cut a hole the floor and machine fell through it ? If reason for malfunction was neglect/misuse etc then you pay, If its down to design etc then manufacture should pay (or insurers) If its neighbours fault they should pay….
  • stone7
    stone7 Posts: 2,464 Forumite
    1,000 Posts Combo Breaker
    No you shouldn't pay. That's why the neighbour should have insurance. It would be different if it were your fault.

    Whose 'fault' is it then?
  • pollypenny
    pollypenny Posts: 29,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I don't understand why your insurance company is not paying for the damage.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
  • Torry_Quine
    Torry_Quine Posts: 18,873 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    stone7 wrote: »
    Whose 'fault' is it then?

    It may not be anyone at fault.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • MacMickster
    MacMickster Posts: 3,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Your insurance company have effectively said that you were in no way negligent. You would only be responsible for this if you had been negligent.

    It is up to your neighbour to claim on her insurance (and they may then argue with your insurance company on her behalf).

    You should not personally pay a penny.
    "When the people fear the government there is tyranny, when the government fears the people there is liberty." - Thomas Jefferson
  • scotsbob
    scotsbob Posts: 4,632 Forumite
    You say the machine "malfunctioned" then you claim on the warranty.


    If it is out of warranty, can you prove you were you having it serviced on a regular basis?


    If I were your neighbour I would be contacting my legal claims insurance company and highlighting those points to them.
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