Urgent advice needed - compensation for delay in home insurance claim

Lindy_Loo_3

Hi Nadine

I'm so sorry to hear that you're not well and it's more than likely due to the stress of dealing with your home.

I can't offer any sound advice as it's not my professional field so I'm not really too sure where you can take this from here. Is there not a complaints procedure within your insurer's structure for you to contact; i.e. a manager etc? If not, it may be worth contact the Financial Ombudsman Service and asking for guidance.

Personally, I can't believe that they "treat all customers the same" as quite clearly we are all individuals and children esp. babies cannot be classed under the same consideration as a healthy adult. I think maybe you were unfortunate to speak to someone who perhaps was less than sympathetic to your situation.

Take a deep breath, and call back the insurer, ask to speak to a manager and see if they can help. I know it's a horrible situation (we're still dealing with our claim too nearly 9 weeks on and it's only contents!) but you need to stay strong and try not to let it upset you.

Sorry it's not more helpful advice, just wanted to let you know you're not alone and to wish you luck.

mattymoo

Nadine - I can sympathise with the stress levels on the phone and used to suffer from something similar. Have you seen a doctor about possible hypertension (high blood pressure)? I'm on medication for this now and I find I am far less stressed.

To avoid in the future, can I suggest you put things in writing. Stick to the facts and use bullet points to illustrate chronology etc. I find it also helps to prevent you missing out things.

Ask them to put their reply in writing as you wish to avoid adding further to your stress levels.

Wol2

Hi Nadine

First of all....my sympathies... I had a complete breakdown as a result of how my insurance claim was (mis)handled following flooding and it is only this year I have managed to get myself together again and function as a (relatively ) normal person.

Right, let's take a deep breath and look at the facts:

a) You are claiming through your own insurance yes? Is this purely contents or buildings? (It should be both if redecoration is involved)

b) It is not your concern whether the insurers of "the suppliers" (not sure who the suppliers are...is it a water company or next door neighbour or who?) admit liability or not. You have a claim with your insurer and they are legally obliged to support that claim under your policy with them so long as they accept it is valid (regardless of whether they can recover the loss from someone else). So bottom line is....can you prove that your house was damaged, that is was rendered uninhabitable and it needs repair? Did the insurance company accept your initial claim when you rang in and make noises to support it? I'm betting the answers are all yes - but you need evidence to support this.(Letters, notes of telephone calls etc etc)

c) Since you made your intial claim, there have been unreasonable delays (which lucky for you have been admitted to yes?) This has caused more problems including more expense (full details will need to be provided by you)

d) You made the decision to move out - why was that (i.e. I know why that was but you need to detail this - if necessary get a GP statement to support that conditions would have been deemed unsafe for your children) Did the flooding involve sewage or was it mains drinking water or was it surface water run off? What facilities were available. Did the insurers/loss adjusters arrange for electrics and other utilities to be tested immediately following the incident to declare them safe?

e) You are reasonably allowed to offset costs/out of pocket expenses. You have after all MITIGATED (taken steps to reduce the potential financial burden) your losses by staying with your parents. It is therefore reasonable for board and lodging element etc to be paid as this would be far cheaper than the cost of a hotel for all family/pets etc etc (providing that your policy includes for this in terms and conditions)

Write a formal letter of complaint to your insurance company stating what you are contesting and why, the amounts of money you are out of pocket and why and therefore what you are claiming for..and give them 28 days to respond....and send it recorded delivery

If they do not respond to your satisfaction, write again and ask for their "Final response". If this is not to your satisfaction, you will need to take it up with the Financial Services Ombudsman. (I was flooded in July 07, I have just written to the loss adjusters requesting final response - it will be months before I get to the Ombudsman....so please be aware these things will take time)

Of more immediate concern - which insurance company/loss adjuster is co-ordinating the refubishment of your property - this is of the most importance to you at the moment as you need to ensure they keep moving on the repairs.

There are details missing from your post which means I am unable to provide any further pointers or a definitive course of action...some of the case will rest on whether it really was uninhabitable/unsafe for your children or whether you opted to move in with the parents without reference/notice to the loss adjuster/insurance company handling your case. However, there is still the other issue of unreasonable delays and the expense this has cost....that is still reasonable cause to complain and ask to recover out of pocket expenses.

PM me if you want to discuss further...and good luck...I hope you and your family are back in your home as soon as.......
xxx

nadine12

Hi everyone, thanks so much for your kind replies. Wol2 - the claim is through our own insurance with allianz, as you said we are claiming under both buildings and contents. The flood was a simple rainwater flood after the very heavy rain in Sept (god help if it had been a sewage flood!)
The 'suppliers' the lady dealing with the complaint is talking about are the loss adjuster Cunningham lindsey, and Chemdry the drying company (part of Homeserve). Basically she has been trying to decide which of them are to blame for the delay, as you can imagine they are both blaming each other. In my opinion it is the loss adjuster who is at fault as I actually turned up at the local office of the drying company back in Jan and they showed me a very thorough record of everything they had done, and when - the problem being that they were unable to do anything without instruction from the loss adjuster, who were not issuing the instructions as and when they should have.
The initial claim was supported at the time, loss adjuster came out, assessed the work that needed to be done, and the drying company was instructed. At the time they came out, floors were still down (so would have obviously looked habitable!), the water itself was basically under the flooring and soaked up the walls at that point. It was not until 3 weeks after the flood that any drying commenced, and it was the drying company who tested the electrics at that stage. I did enquire during the initial stages about alternative accomodation but was told that as there was no loss of eating/sleeping/bathing facilities we were not entitled. When the floors were ripped up through the entire downstairs and all the dryers came in (and it became evident how damp the property actually was) we made the decision to move out as it was just not safe or healthy for the kids. In addition when asbestos was mentioned with regards to the tiles, which were lifting and broken) this was another safety issue re the kids as we did not know until they did the tests.
The loss adjuster are saying that the house was not uninhabitable- however they have not been out at any point since work started so I don't know how they can comment really!! She also stated that the drying company never said anything about it being uninhabitable - well, I wouldnt imagine that they would as the technicians job is just to check the moisture levels and do what it takes to get it dry?!
I suppose the problem is that we never offically said 'we are moving out', really because we only thought it would be temporary for a few weeks at the most. The other problem is that I don't have any real evidence of our out of pocket expenses, other than my mothers word for it really as I have been giving her cash in her hand. I have only taken this course of action as it has taken so long really, as it was not my initial intention thats why I didn't set about keeping evidence of stuff - really wish I had now! We are really struggling financially at this point which is not helping my stress levels.
Wol2 - if its ok with you I will PM you with the e-mail that I have sent re the complaint (its very long so won't post here) you will get the full picture then! I did initially complain to a manager at the loss adjuster in Jan, they hurried the work up a bit but did not formally respond to my complaint at all, despite telling me they were 'drafting a letter'. How awful that your own experience made you so ill. I am really sorry to hear that and hope you get somewhere with your complaint.
I am going to send the insurer another letter this week just to reiterrate what I said to the lady on the phone on Monday and make sure its recorded in writing.

Wol2

Hi Nadine

Have sent you a PM and made a few changes to your letter. Rainwater (surface water run off) is still a health hazard....especially once the flooring had been removed to expose where it had been lying for so long with the ensuing build up of bacteria......and so is asbestos....if the drying company weren't willing to remove the tiles without checking, why should you be expected to live there with your children? Was the test negative by the way?

Kind regards
Wol2
xx

Ms_Scrooge

I had a leaking pipe under my kitchen floor, the whole kitchen had to be taken out and the floor dug up. We were left with a loose aggregate type floor surface for 5 months. All this started 2 1/2 years ago and I am still trying to get expenses etc. Communication with Cunningham Lindsey had been impossible -they make sure of that, emails get bounced back, the telephone disconnects after a certain number of rings and they ignore letters - even recorded delivery ones and then deny that they had been kept informed. I too have had a nervous disorder start up again mostly due to CL, they shout at you over the phone and use abusive and intimidatory tactics. I have found 'Which' legal advice service a great help, they tell you the correct legal position and dictate template letters. My sympathy to all who have experienced these problems.