Buildings Insurance

username9876

We are making a claim on our buildings insurance because a neighbour's tree has damaged our garage. A structural engineer has advised that the tree is removed and the walls repaired. My question is what sort of claim it is classed as? If it comes under subsidence we have an excess of £1000.

username9876

I read somewhere that a tree can only cause subsidence when the roots are in a shrinkable clay. The roots absorb the moisture, which causes the clay to dry and shrink. I am unaware of the type of soil.

FlameCloud

Subs (within policies) is normally split into three parts- heave (upward movement) slip (sideways movement) subsidence (downward movement). All three will attract the higher excess as they are all the same peril.

Soil shrinkage can appear in most types of soil- not just clay, its just clay tends to have a more dramatic effect.

Subsidence will be the only real applicable peril for most policies.

vusys1

check you policy as I think Subsidence only cover the main building and not outbuilding and walls unless the main building is affected. But as its your neighbours tree I thought you wouldnt have to pay any excess as they should be putting the damage right?

huckster

Your Buildings Insurance should cover the subs damage and if you have the legal cover, they will pursue the neighbour for the excess. If you don't have legal cover, once you have incurred the excess, you will have to pursue the neighbour yourself for the excess directly or by using a solicitor. The neighbour should of course pass on any letters from you or your legal representatives to their Insurers. Suggest that you fully discuss this with the neighbour, so they know the score. Let the Insurers sort this out, rather than it become a personal issue between you.

The other issue you should be aware of is that once you have had subsidence, even if it is to a garage and this is repaired, with tree removed etc, you will find it very difficult to move Insurance elsewhere. You should expect that over the years this will cost you in increased premiums. If you try to move the Insurance elsewhere, other companies will want full details of the claim and repair, plus some will want a full structural survey/structural engineer report. Any new purchaser of your property will also face these issues.

Catatonia

I'm not sure huckster is right, as it's in your insurer's interests to recover the costs from your neighbour's policy, so they should organise this for you.

In answer to the original question, there could be a difference between damage caused directly by the tree and damage from the tree affecting the soil. This is something only your insurer can answer really.

huckster

Catatonia wrote: »

I'm not sure huckster is right, as it's in your insurer's interests to recover the costs from your neighbour's policy, so they should organise this for you.

Insurers will try to recover their own costs and as the excess would be an uninsured loss, they would leave it up to the policyholder to try to claim back the excess. BUT obviously if the Insurers obtain their outlay back from neighbours Insurers, there is a good chance the OP would recover their excess.

Once upon a time the Insurers did help their policyholders get the excess back in these situations, as they just included this in their 'leg work' to recover their outlay. But my experience is that this does not happen much these days. They charge circa £25 for the optional legal cover, of which one of the selling points is to help recover uninsured losses including excesses.