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Insurance hassle

Could someone please tell me if I am being unreasonable?! I am at the end(possibly?) of 4 months of arguing with loss adjusters and NU over a claim I have made in the home. My partner spilt engine oil on the carpet, end of sofa, and one wall. The loss adjusters have refused the claim on the grounds that my partner showed "a lack of reasonable care" of walking through the house with the oil. NU are hiding behind a coverall they have in their policy booklet stating"You and your household must take all reasonable steps to prevent...."
Am I alone in thinking if these statements are the corner stone of Insurance companies then no one would ever be paid out? For instance, do WE ALL not show "a lack of reasonable care" when getting into our cars, or going on public transport? We know these things crash, but we still get in them! Is that not a lack of reasonable care?
As for "your household etc etc" whose household wakes up in the morning and thinks, I wonder what damage I can do around the house today?!!
Any advice would be appreciated, because right now, I am left facing a very large carpet/decorating bill.
Thank you

Comments

  • ArchieB_2
    ArchieB_2 Posts: 293 Forumite
    If you have AD cover then I would class it as an accident. It is however made a bit more tricky by the fact that you wouldn't normally carry oil through the house.

    Spilt paint, knocked over vase and so on are reasonable to expect but not really motor oil being carried through the lounge in presumably an open container.

    If I was the Ins Co I would want to know if the journey through the house was essential (ie terraced house with no other way of going from the garden to the front of the proerty). From their point of view it does sound negligent and dare I say it a little suspicious (not thet I am accusing you, you must understand!).

    I would say that getting in a car with your arm in plaster and driving isn't exercising reasonable care but simply driving normally is a risk that the cover is designed for.
  • suesoxi
    suesoxi Posts: 6 Forumite
    to just update my story. The spillage was in the hallway, and a little splashed into the lounge. Although there is an outside path to the back of the house, the gate was locked with no key available. Is any of this relevant? Where can we go if the ombudsman is of no help in the near future. At £51 per month I would like to think I deserve better treatment than this?
  • oldwiring
    oldwiring Posts: 2,452 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    suesoxi wrote:
    to just update my story. The spillage was in the hallway, and a little splashed into the lounge. Although there is an outside path to the back of the house, the gate was locked with no key available. Is any of this relevant? Where can we go if the ombudsman is of no help in the near future. At £51 per month I would like to think I deserve better treatment than this?
    Outside path to the back...well then who had the key? Why was it unavailable to you/him?
  • Astaroth
    Astaroth Posts: 5,444 Forumite
    Yes, insurers do have to have clauses to say people have to take reasonable care, it becomes far too easy for people to stage or invite claims if they did not... TV breaks down... and miracilously what gets reported to the insurer is the fact that a vase of flowers which had been balanced on top of it got knocked over and the water killed the TV.

    Insurers will ask why you were carrying an open container of dirty engine oil through the house... a general litmus test is the general question of would they do the same if they didnt have insurance and would have had to pay for it themselves..... personally I wouldnt have done what your OH did.
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
    No Advertising or Links in Signatures by Site Rules - MSE Forum Team 2
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    suesoxi wrote:
    Could someone please tell me if I am being unreasonable?! I am at the end(possibly?) of 4 months of arguing with loss adjusters and NU over a claim I have made in the home. My partner spilt engine oil on the carpet, end of sofa, and one wall.

    I have to admit, I got this far and thought "What on earth was he doing with engine oil IN the house". So, yes ... I'm sorry, but I think you're being unreasonable. No-one in their right mind would take engine oil into a house.
    The loss adjusters have refused the claim on the grounds that my partner showed "a lack of reasonable care" of walking through the house with the oil.

    Effectively, they are saying it was a stupid thing to do. Sorry to be blunt, but that's the way they're looking at it.
    NU are hiding behind a coverall they have in their policy booklet stating"You and your household must take all reasonable steps to prevent...."
    Am I alone in thinking if these statements are the corner stone of Insurance companies then no one would ever be paid out? For instance, do WE ALL not show "a lack of reasonable care" when getting into our cars, or going on public transport? We know these things crash, but we still get in them! Is that not a lack of reasonable care?

    Cars don't crash themselves - the people driving them do, but if you want cover for your own carelessness, then you need fully comp for a car and cover for accidental damage for your contents policy.
    As for "your household etc etc" whose household wakes up in the morning and thinks, I wonder what damage I can do around the house today?!!
    Any advice would be appreciated, because right now, I am left facing a very large carpet/decorating bill.
    Thank you

    But you say later that
    The spillage was in the hallway, and a little splashed into the lounge

    What were you claiming for if only "a little" splashed into the lounge? Are you sure the splashes can't be cleaned off? (Although, probably too late now after 4 months)

    Sorry, but I really don't think you have anything to complain about :( But your OH owes you, big time!!
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • mattymoo
    mattymoo Posts: 2,417 Forumite
    Two things. If this is a terraced / semi house and access to the rear is blocked for reasons outside your control, then yes - it might have been reasonable to carry the oil through the house.
    Some people in terraced houses have no option but to wheel their wheelie bins through the house for instance.
    All depends on the circumstances really.

    Secondly -£51 a month for insurance - are you serious? Have you shopped around at all?
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    mattymoo wrote:
    Two things. If this is a terraced / semi house and access to the rear is blocked for reasons outside your control, then yes - it might have been reasonable to carry the oil through the house.
    Some people in terraced houses have no option but to wheel their wheelie bins through the house for instance.
    All depends on the circumstances really.

    Although it makes you wonder why it was necessary to take the oil to the rear of the house, when it should have been going to the tip, to be disposed of properly. You can't just "dump" engine oil - I think you can be fined for disposing of engine oil in a way that potentially damages the environment.

    It should have been properly packaged and taken directly to the local disposal unit. ;)
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Sponge
    Sponge Posts: 834 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    If they're saying it was unreasonable for him to take motor oil into/through the house, then you need to show that it was.

    I live in a mid-terrace house and the alleys to the side and behind have locked gates on them. The gates are there to prevent fly-tipping, but the alleys are still dangerous to use due to household waste and the uneven surface. Furthermore, the gates are difficult/impossible to open due to seized locks and rusted hinges. As a result, I carry my bin bag through the house. I dread to think what would happen if the bag split and wrote off my carpet!
  • ArchieB_2
    ArchieB_2 Posts: 293 Forumite
    Carrying household waste through the house could be viewed as reasonable behaviour though.

    Right then, I am asphalting a part of my rear garden so I take a vat of hot tar through the house because my side gate is locked. I hit the kids toys I didn't clear out the way and spill the vat and ruin the kitchen.

    Should I expect the insurer to pay?
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