Claiming on a neighbours insurance

furiousd

Hi All,
I neeed some advice. I currently rent my ground-floor flat from a housing association but the people above me have bought theirs. They have just had a new bathroom installed which leaked yesterday into one our our bedrooms, the hallway and the bathroom. There is a LOT of damage! The problem is...we have no insurance (I know i'm stupid). Can we make a claim on the neighbours insurance or are we in a fix? Any help would be appreciated.
Regards,
Dunc

Quentin

Unless your neighbour has been negligent, then it's down to you.

But as the bathroom is new, then maybe there has been some negligence in its fitting?

(Doesn't your landlord have insurance?)

mattymoo

Could get complex very quickly.

Sounds like a compression fitting has failed. If it was a DIY job you need to pursue your neighbour. If they used a plumber ask the neighbour for their details and then direct your claim against them.

Check to see if you have legal expenses cover with other insurance policies, union membership or premium bank accounts. They will assist you.

cogito

Your claim is initially against your neighbour (not her insurance policy as only she can claim on that)

As mattymoo said, the claim is against the neighbour if it's a DIY job but if she used an outside contractor, your neighbour should pass the claim to him for his insurers to deal with.

dacouch

I agree with the previous posters but would add, have you actually spoken to your neighboor yet? A lot of issues can be sorted out by simply talking to people. It could be worth popping up and having a chat with them. They are more likely to get their Insurers involved or give you the Tradesmans details if you approach them first rather than them get a legal type letter which sometimes puts peoples backs up

geri1965_2

What's the nature of the damage? If it's to the fabric of the building then the housing association should have some insurance. Havaw you spoken to them?

If it's your own personal contents then you need to follow the advice of the posters above.

furiousd

Thanks for all the replies so far guys. I've spoken to the people upstairs and they have given me their insurance details. It turns out the plumber that was doing their work was doing it as a job on the side so won't be able to claim against the plumbers insurance. i'll let you all know how i get on.
Dunc

dacouch

If they paid him he can still be held responsible, it may be worth asking for the plumbers details as well as the flat aboves insurers may not pay out under their liability section unless he lies and tells them he was doing diy

mattymoo

furiousd wrote: »

Thanks for all the replies so far guys. I've spoken to the people upstairs and they have given me their insurance details. It turns out the plumber that was doing their work was doing it as a job on the side so won't be able to claim against the plumbers insurance. i'll let you all know how i get on.
Dunc

This is how it gets complex.

The neighbour is not strictly liable. They have not committed a negligent act so you would be unable to prove a claim under the tort of negligence.

The plumber has (based on initial facts) been negligent. He is liable for the damage. If he is employed by a plumbing firm but was doing this job outside of his employment, that is his lookout. His firm will not be liable (vicarious liability for employees actions).

So, does the plumber have the assets / cash to be worth pursuing? Possibly not.

McKneff

Doesnt matter whether the plumber was doing it on the side or not. you should persue him if it is his fault. He doesnt have to leave it as a 'side' job if he is self employed. He just puts the job through his books as 'normal' Dont let them fob you off with this excuse. He should have public liability insurance.
If you are up against it at the end and it turns out its his fault, threaten to shop him about his 'on the side' jobs to the tax office. Cheeky blighter.

Some solicitors give you a half hour free consultation which is another avenue for you.

Good luck