Claim advice please

Gers

Hi

I live in a terrace of converted townhouses - am on second floor.

Person on first floor had a major washing machine leak (didn't know where the stopcock was :mad:) and so drenched person on ground floor and the communal hallway. This is the second time it's happened.

Person on first floor tried to claim from her own insurance (for second time) and was told that the company would impose a £350.00 excess as it's the second time from the same source. Policy only has a £50.00 excess normally.

I would have thought that the insurance company for ground floor person would be claiming from insurance company from first floor person and include a claim for uninsured losses, however they are saying not. Ground floor company is Halifax and first floor company is Lloyds - now both same company but insurance is still separate.

It doesn't seem fair that an innocent casualty of someone's broken machnie can be made to bear such a financial burden.

I'd appreciate some advice on this please.

Gers

Anyone - please?

dacouch

It's not as straight forward as the upstairs flat having a leak and thus they are liable.

UK law works on the principle of the person is liable if the damage to your flat could "Reasonably" have been avoided. So very roughly if their washing machine sprung a leak the chances are they are not liable as it could not reasonably been avoided. If however the washing machine had played up before and they had not repaired it (Thus not acting reasonably) then they might be deemed to be legally liable.

Obviously proving whether the had not repaired the leaking machine etc etc is not as easy.

You will probably have free legal advice with your home insurance that will be provided by a separate company to your Insurers, it may be worth you giving them a ring for some advice on the matter

Gers

Thanks - I'm only an interested observer as the water didn't affect me.

The washing machine had leaked before and been repaired. What made this incident worse was that owner didn't know where the stopcock was in her flat (despite living in it for over 20 years) and hot water was being pumped out for about 20 minutes until I was called and turned it off. By that time the flat was ankle deep in water! And so made the problem downstairs much worse.

Gers

It's a shame no-one could offer any advice on this one, but thanks anyway.