Insurance claim for subsidence - update and opinions please

h.cowell

I previously posted about our ongoing insurance claim - please visit this thread for background and photos: http://forums.moneysavingexpert.com/...html?t=1901503

We have recently had an independent surveyor supervise a test pit to look at the foundations because we are unsatisfied with the original scope of works, put forward by the insurer's loss adjuster. The new surveyor has found a layer of peat which apparently explains the reason for the subsidence of the conservatory, and the appearance of the cracking to the walls. The new surveyor is suggesting that it needs underpinning. The original work carried out on behalf of the insurer involved only crack repair and the original report made no mention of peat.

So, having spent a lot of time and energy going backwards and forwards with our complaints and getting very frustrated in the process, would it be unreasonable to simply let a solicitor take control from here on? At great expense of course, but I think we're now considering asking for compensation. Does anyone have any experience of this kind of dispute?

We also have grievances with the builders who carried out the work and will be pursuing that also, since the insurer's representative seems to be taking a very soft approach with them regarding our complaint. We are getting nowhere fast going through the official channels.

Sigh. Any help/support/opinions would be appreciated

BTW, the insurer is Aviva, but our claims manager works for Cunningham Lindsey. Who employ Oriel Services as contract managers. Who contracted the builders. It's very complicated.... and although I was never going to name names, I'm so tired of it all I'm really not too worried who knows anymore....

Our conservatory is still in the same state as in the original photos

Inactive

h.cowell wrote: »

BTW, the insurer is Aviva, but our claims manager works for Cunningham Lindsey. Who employ Oriel Services as contract managers. Who contracted the builders. It's very complicated.... and although I was never going to name names, I'm so tired of it all I'm really not too worried who knows anymore....
(

Thank you for naming the Insurers, I was about to take out Household cover with Aviva, I certainly will not be using them now, ultimately it is your insurers duty to get your work sorted, so sorry to learn that you have not progressed any further.

h.cowell

Inactive wrote: »

Thank you for naming the Insurers, I was about to take out Household cover with Aviva, I certainly will not be using them now, ultimately it is your insurers duty to get your work sorted, so sorry to learn that you have not progressed any further.

I'm glad it has helped you make a decision, although I'm sure there will be people who have had good experiences too. We're just not one of them!

I can't be sure that our complaint has got as far back as the insurer yet. It seems to be buffered by the middle men. It's very frustrating.

Quentin

Inactive wrote: »

Thank you for naming the Insurers, I was about to take out Household cover with Aviva, I certainly will not be using them now,

When searching for reviews on "aviva" before going with them, remember to also check up under "norwich union"! (They may think changing their name gives them a clean sheet to start again!)

gordikin

Quentin wrote: »

When searching for reviews on "aviva" before going with them, remember to also check up under "norwich union"! (They may think changing their name gives them a clean sheet to start again!)

Good point. I'd also search for reviews on 'Asprea', their claims handling company too!

Kittian_the_Blue

What an appalling service you have been provided with - you have my sympathies.

I heartily recommend that you instruct you solicitors to take action against your insurers for failing to carry out their contractural obligations to reinstate your home to its pre loss condition. I'm glad to see that you've got an independent surveyor onboard - he will be able to see reinstatement works are carried out properly. Between your solicitor, a good builder and a qualified surveyor you should get the works done properly. Unless you take some positive action I feer that you will be sent round in circles.

I'm not sure if you know but Oriel are part of Cunninghams and you have not got a chance of getting the loss adjuster to take your side against them or their pet contractors. Personally, I view Oriel as a bunch of poorly qualified shysters who bring the insurance industry into disrepute - they push Asprea as the current worst in the business

h.cowell

Thank you Kittian and everyone who has responded. I have been reading various threads about Asprea and it has certainly opened my eyes. I understand there will always be complaints of one sort or another, but it is how those complaints are handled that matters most. We haven't been asking for the earth... just a basic level of customer service and workmanship. That's not too much to ask for, is it??!

Inactive

gordikin wrote: »

Good point. I'd also search for reviews on 'Asprea', their claims handling company too!

Thanks, I found a link to this old interesting thread, it seems that nothing changes.:rolleyes:

http://forums.moneysavingexpert.com/showthread.html?t=521967

Oscar_The_Grouch

Hi there

I'm not surprised you have had so many problems with your claim - I have nothing against Aviva, but if I were told that Cunninghams would be the appointed loss adjuster, I'd throw my toys out the pram until it was changed.

In my whole career in insurance, I have never found a firm of loss adjusters to be so dreadfully incompetent. They get an incredible amount of business because they undercut all the other adjusting firms - if memory serves me, they work on a fixed fee basis with Aviva, meaning that regardless of whether the claim is simple and settled in weeks or complicated and outstanding for years, they get paid the same amount. This obvoiusly incentivises them to go for whatever is the quickest settlement. I think that's wrong and your case highlights this.

With regard to appointing a solicitor, I think that would probably be a mistake. What you want here is someone who has knowledge of insurance and FSA regulation, not someone with a general understanding of the law.

This is a very rare thing for someone who works for an insurance company to say, but I think you need a loss assessor.

Loss adjusters are apointed by the insurance company and their fees are paid by the insurer. A loss assessor is someone you appoint to handle your claim and they are there to ensure you get the maximum settlement you are entitled to. They will charge you a percentage of your final claim cost, but this is likely to be an awful lot less than the solicitors fees you would incurr, with the added benefit of employing someone who knows the industry.

There are assessors that use this forum, so hopefully one will see this thread and get in touch with you.

h.cowell

Inactive: I followed that link and read the thread - and wish I'd known all this before we got the insurers involved. We would never have used their contractor for a start. Hindsight is a wonderful thing!

h.cowell

Oscar: We cross posted, but I just read your post and found it very helpful, thank you. I had been unsure about the difference between a loss adjuster and a loss assessor, and your suggestion does seem like a good route to go. We already have a solicitor who knows the ins and outs of what is going on with us, and it was starting to seem she would be our only option. One thing I want to point out is that some of the work carried out by the contractor was to our own specifications, paid by us separately... stupid I know, but we had no idea of the pitfalls at the time. So this may need to be dealt with separately from the grievance we have with the insurer. The solicitor knows all this and is experienced in building disputes. It's hard to know what to do for the best but I do appreciate your opinion and will give it serious thought.