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advice wanted re insurance claim

My boiler blew 2 weeks ago (pipe burst pouring scalding water into my kitchen) wrecking 3 kitchen cupboards & drawers, contents & flooring. It has become apparent my boiler was not at fault (boiler only 3 yrs old november 08 & serviced annually) but the water pressure has been increased past 10 bar (which my boiler is tested to) causing the parts to fail & blow! I'm now advised I'm not the only person to have suffered from this as not only boilers failing but washing machines, showers, pipes etc in my area. Both my contents & building Insurance companies will not cover the boiler costs (£400), plus the building insurance company will only pay for the kitchen units damaged. My kitchen is no longer made though only 3 years old! Because I live in an apartment the building insurance is through a management co (who so far have been ok but I feel not really helping much). As a lay-person I would say the water authority are at fault & should be liable. Also I think unfair the insurance co will not cover replacement of whole kitchen. At present I am currently at a £1000 loss through no fault of my own. Any advice???
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Comments

  • Insco
    Insco Posts: 183 Forumite
    Have a chat with the Financial Ombudsman Service Technical Advice Desk about the claim for the kitchen units

    If the damaged kitchen units really cannot be matched with the undamaged kitchen units, then your Insurers should be offering you 50% of the costs of the replacing the undamaged but matching units. Your Insurers know this, and as they have a legal duty to treat you fairly you would have thought that the claims handler would have told you that. Ask them.
  • FlameCloud
    FlameCloud Posts: 1,952 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Insco wrote: »
    Have a chat with the Financial Ombudsman Service Technical Advice Desk about the claim for the kitchen units

    If the damaged kitchen units really cannot be matched with the undamaged kitchen units, then your Insurers should be offering you 50% of the costs of the replacing the undamaged but matching units. Your Insurers know this, and as they have a legal duty to treat you fairly you would have thought that the claims handler would have told you that. Ask them.

    My life, a thing we agree on.

    It annoys me no end when we let claims go through to our customer care department about this. Its not even as if the FOS hides their point of view on the subject.

    However, for kitchens specifically isnt it the damaged parts that you take into account- i.e. the insurer will pay half of the damaged area (meaning that if the kitchen is 66% damaged the insurer will (should) pay for the rest of it?)
  • Insco
    Insco Posts: 183 Forumite
    My understanding is that the Insurer pays for 100% of the damaged items ( obviously) and 50% of the costs of the undamaged but matching items.

    In your example 66% of the kitchen paid in full plus 50% of the remaining costs to replace the 34% of undamaged but matching units

    The FOS has also made some decisions where if the damage is so extensive ( i.e more that just a few units) then the Insurer should pay for the whole kitchen
  • clare-iom
    clare-iom Posts: 25 Forumite
    amazing that the management co want to keep this from me for some reason!!

    Any suggestions to whom i should direct the cost for the boiler repairs? Apartment not even 3 years old & builders refusing to accept liability. Insurance company refusing. Only other person I assume i can approach is the water authority!
  • jessjess_2
    jessjess_2 Posts: 107 Forumite
    Or pay for it yourself? Pipes do burst, you cannot always hold people liable for this.
  • Insco
    Insco Posts: 183 Forumite
    Is the boiler still in warranty?

    Do you have a report from a reputable plumber as to why the boiler has failed after just three years - it should last you a generation not just 3 years!
  • I have spoken to the NSBC building insurance co who told me that it was only under warranty for 2 years. They suggested i seek legal advice. However the guy who installed, serviced & repaired it has said he would be more than happy to complete a report - i may just get back on to him again. Thanks. Whats frustrating is that the same plumbing co have reported these failures to the water authority (even to the extent of sending them the parts that have failed - to which the water authority have not replied!!!) I do know that the water authority held a meeting last week regarding the issue with water pressure as there have been too many complaints now as I am not the only person this has happened to. I hear there are 8 people in my area alone who have suffered similar incidents - though not just boilers failing but washing machines, showers, pipes etc
  • Ian_W
    Ian_W Posts: 3,778 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Hi clare,
    I may be putting 2 and 2 together to make 22 - but your use of the term Water Authority rather than a utility co name prompts me to ask. Does the "iom" in your user name stand for Isle of Man by any chance?
    I'm not simply being nosy, if it does then some of the responses you've received above may not apply. AFAIK the FOS doesn't extend to the IOM if the insurer is based there, even if a subsidiary of a UK insurer. The law on other issues may well be different too for all I know.
  • clare-iom
    clare-iom Posts: 25 Forumite
    yes i am on the isle of man - great you noticed that. Greatly appreciate the advice. Thank you.
  • ukmike
    ukmike Posts: 752 Forumite
    Part of the Furniture 500 Posts
    but the water pressure has been increased past 10 bar
    Thats an awful lot of pressure,modern boilers would have a pressure relief valve that would open way before that.
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