Party wall damage by neighbours builder?

srm1

Hi,
My previous party wall posting - breach of PW agreement issues continue.

My neighbours’ builders have managed to considerably damage the party wall and ceiling decorations with a number of cracks, possibly also a structure issue by the unplanned work.

After months of letters to my neighbours, finally the insurance details of the? Builder were given.

A case was raised with Groupama who duly appointed a loss adjustor from Cunningham Lindsey. - What could possibly go wrong now? :rotfl:

The claim agreed to via email - then the bombshell! - Not entirely unexpected as I had researched loss adjustors methods.

A telephone call from the loss adjustor, which still remains unsubstantiated by formal correspondence.

The claim could proceed but the insurers would not pay for a surveyors report?
The claim could proceed in accordance to the repair requirements of the surveyors report.
The claim should be financed by a loan?
I should consult a Solicitor or Loss Accessor to progress the claim?
The claim would not incorporate any errant building work.

Please let me think about this for a nano second?
This stinks of delaying tactics?
No! this just stinks!!!

I have asked Groupama to raise a complaints case, I have asked Cunningham Lindsey to quantify thier actions.

I intend to take this to the national press if I could find a good contact method.

Comments & suggestions welcome, FSO route is being investigated.

Cheers.

magpiecottage

The Financial Ombudsman Service will not be able to help you claim on somebody else's insurance.

In the first instance, you should make your own buildings insurers aware that your neighbours contractor has caused structural damage to your home.

They will normally get it sorted then pursue your neighbours for it. Your neighbour's insurance will have third party liability to meet the claim and then pursue the contractor.

If they do not, then it will be your neighbours you should be pursuing anyway. Put it in writing and recommend they pass it on to their buildings insurers.

srm1

Thanks,
My building insurers have been contacted, and strangely classed the damages as being covered by accidental damage only.
I have no requirement for accidental damage cover.

I also note that if my neighbour has not advised his building insurers of the building work, his cover is likely to be void?

It was a decision made between my neighbour and his builder mate to use the builders liability insurance.

None of this repairs my property, but thank you for your suggestion.

Oscar_The_Grouch

Totally agree here - you should be claiming from your own insurers in the first instance. This is for 2 reasons:

1. Simplicity
Your insurers should deal with you in a reasonable manner as you are their customer. Groupama will view you as a "third party" so their main responsibility is to their customer - not you.

2. Reinstatement v indemnity
Our ancient legal system still only allows for "indemnity". This is the cost to put you back in the position you were in before the loss. They have no responsibility to cover costs that you incur to make your life easier, such as a surveyor. Your insurers will deal with you on the basis of "reinstatement" often referred to as "new for old". This means that they will pay ALL the costs (less your excess) and usually agree to recover your excess for you too.

Phone your own insurers. If they suggest appointing Cunninghams, tell them that the other side have already appointed them on their side and you believe that for your insurers to appoint them to would represent a conflict of interest. That gets you out of the "Cunninghams" hole!!

srm1

Thanks also.
So now I face a catch 22 position after 5 months?
With my insures suggesting this is only covered if I had accidental damage covering? which I do not.

I am the victim of the damage, not the cause.

dacouch

I avoid placing business with Groupama as their staff are invariably narky and picky on claims