Insurance help..contents insurance

jfox_2

Hi all,

I live in a block of flats and mine is a first floor flat. I had a kitchen installed in september and in november my neighbour downstairs came and told me that there is a leak. It turned out that the washing machine wasn't installed correctly and because it was a fitted appliance we were not aware of the leak until he knocked and we removed the panel to see water.

My downstairs neighbour claimed on his contents and buildings insurance for the damage. He received the payout and got a new kitchen, lounge and hallway. We both have the same insurance company (Royal sun alliance). RSA told him that I am not liable for his £200 excess as it was accidental. I was more than willing to pay the £200 as it was my fault even though i didn't know about the problem until it was too late.

I told this to the insurance company and they said its not for me to worry about. Since this my downstairs neighbour has threatened to take legal action against me to claim the £200 he had to pay out to cover his excess.

Am i in anyway liable for this? I have no excess on my insurance which is why i think the insurance company are acting this way as they do not want to pay out.

Any advice anyone can give to me will be greatly accepted.

Rikki

He made the claim so he is liable for the access under the terms and conditions of his insurance policy.

jfox_2

Thanks mate, he kept comparing it to car insurance but i have never been on the end of a claim before for contents/building and was unsure whether its different. It obviously is, i hope he realises this before he pays a lawyer.

Does this work in the same way for buildings insurance? we all have the same buildings insurance with our block of flats. He made the claim there and someone needs to pay £100 excess. Is this for him to pay as well?

dacouch

The test over whether you have to pay his excess back is how would a court rule. A Court will only rule in his favour if they find you legally liable. To find you legally liable the test is "Could the actions of a reasobable person avoided the damage" they use this to determine whether you negligent or not.

If you look in your RSA policy there is a telephone number for Free Legal Advice, it is next to where the claims number is, give this number a ring and find out how they feel you stand.

jfox_2

Thanks for your advice. I received a letter in the mail on saturday from my downstairs neighbour. He is taking me through the courts to pay his excess for his contents and building insurance.

I am a little upset with this as this is the first written correspondance i've had from him/anyone about any claims. I've not seen any proof that he paid the buildings insurance or contents insurance from him or the insurance companies and now he is taking me to court.

He also lied to me, he knocked on my door claiming £400 for both excesses. Now he is sueing me for just £200 as both his excesses are £200. like i said the £400 he was originally claiming was verbally knocking on my door without any proof.

dacouch

Have you rung up for the free legal advice yet?

jfox_2

Thanks for the advice, i called up the helpline, i thought they were wrong for asking me too many personal questions. How is it relevant what colour skin i have and my sexuality?!

I refused to tell them how my savings, i thought it was bad enough them asking about my mortgage. It seems free legal advice is only available to people on benefits so that doesn't apply to me. But i am a little angry about how many personal questions they asked. What difference to them if i have savings? I pay my taxes.

rant over...sorry for making you read this

dacouch

They are probably asking questions about your sexuality etc to prove they are abiding by equality laws.

The advise should genuinely be free as its normally part of your home insurance so your savings etc should not affect it.

Try ringing again or alternatively if you are a member of a union they often give legal advice or try the citizens advice bureau

jfox_2

Thank you for your advice. i refuse to tell organisations like free legal aid how much i earn and my savings details as i don't know where the information is being stored and quite frankly...its non of their business.

dacouch

Will they not bypass those questions?

The last time I used it (About 6 months ago) they just wanted your name and address, they take this so they can access the details of the advice they give you in case its wrong or there is a query. (They normally use solicitors to deal with the questions so the information is normally right)

jfox_2

they would not proceed with any advice until i told them about my mortgage and savings information