Water damage claim difficulty

blackie_jones

Hello, not sure if anyone can provide any advice at all or if I'm screwed!

I live in a first floor flat where I had an initial accident due to bath overfill where some water leaked through the downstairs flat ceiling causing some minor damage.

I reported this to my insurance company at the time but did not bother to get a plumber out as it was a one off accident and not a 'leak'.

Two years on my downstairs neighbour has initiated a claim against me due to damp etc on her walls. This could be due to other leaks such as loose sealant around my window in my bathroom or cracks on the outside walls and which I have rectified by getting plumber in to check and re-seal everything - although the plumber didn't think that it was the cause of the problem.

My insurance company though want proof that I called a plumber out to the initial accident of bath overfill or else i will be responsible and deemed negligent by not fixing original problem - even though it was a one off and not a leak and the damp on the walls of my neighbours flat seems to be caused by something else.

help! any advice appreciated

huckster

Suggest that you write back to your Insurers stating what happened when the bath overfilled including rough date of when this happened and that you are not aware of any escape of water from your flat which is causing the problem in the flat below.

Ask your Insurers the question as to whether they would call out a plumber for a 'one-off' event of a bath overfilling. Most people would not, unless it was a problem with plumbing.

Also ask your Insurers if they are prepared to arrange for the water apparatus in your flat to be checked. Some policies provide cover to trace leaks, access the plumbing by lifting flooring and to put back as before. They would not cover the actual cost of any plumbing work.

Ask your Insurers what proof your neighbour has provided that points to you being responsible for the damp in her walls.

You need to do this, as if your Insurers admit responsibility on your behalf, you could be faced with higher premium for several years.

blackie_jones

Thanks Huckster, my only problem is when I spoke to my insurers the other week they said that when I enquired about a claim for the original bath overflow incident 2 years ago -they said I said a plumber had been round to have a look - when in fact a plumber had not been around.

I don't remeber saying this but I might have said it from instinct or panic I suppose - they still have this info on their system from 2 years ago even though it wasn't a claim.

This screws me up even further doesn't it - as I would have to change the story and say a plumber had not been around - which paints me in an unfavourable light!

Do I just change the story and take the hit?

huckster

Just tell them that if you mentioned a plumber this was a misunderstanding at the time or in the end you did not need one, as it was not a problem with any plumbing.

This will just be a claim against your Insurance, so you will not have to pay anything towards it. But you could be faced with extra premiums when the policy comes up for renewal. I suppose the Insurers could say that they won't offer renewal, due to the way you handled the leak, which caused liability. This could make getting cover elsewhere more difficult and maybe more expensive. It is for these reasons, that you should write offering a full true explanation, disputing any liability on your part.

blackie_jones

Ah right, so it's a claim against my insurance and they will pay but pass on any cost to me in increased premiums?

I'm not sure if my neighbors insurance company has contacted my insurance yet - do I just wait for my insurance company to contact me regarding this matter then and take it from there?

huckster

blackie_jones wrote: »

Ah right, so it's a claim against my insurance and they will pay but pass on any cost to me in increased premiums?

I'm not sure if my neighbors insurance company has contacted my insurance yet - do I just wait for my insurance company to contact me regarding this matter then and take it from there?

Yes it is a claims against your Insurance and it will cost you in extra premiums.

If your Insurance company is dealing with it, just let them sort it out. If they have requested information, you have to write back to your Insurance company. Failure to do so, could cost you. YOU MUST pass on anything you get from your neighbour to your Insurance company. Do not get involved with the neighbour or their Insurers.

When you said the neighbour has made a claim against you? How have they done this?

FOREVER21

blackie_jones wrote: »

Thanks Huckster, my only problem is when I spoke to my insurers the other week they said that when I enquired about a claim for the original bath overflow incident 2 years ago -they said I said a plumber had been round to have a look - when in fact a plumber had not been around.

I don't remeber saying this but I might have said it from instinct or panic I suppose - they still have this info on their system from 2 years ago even though it wasn't a claim.

This screws me up even further doesn't it - as I would have to change the story and say a plumber had not been around - which paints me in an unfavourable light!

Do I just change the story and take the hit?

What a tangled web we weave when we first try and deceive!!

blackie_jones

I am on good /amicable terms with my neighbour and they are re-doing their bathroom so they want to ensure there is no actual leaks from my bathroom.

They asked for my policy details to make a claim, before doing this I spoke to my insurance who told me to pass the details and then take it from there.

I know sweet fa about the world of insurance, have I just been naive?

Myself and my insurance company can still dispute this claim though?

The problem is my insurance are talking about the one -off incident of the bath overfill as if this was the leak that caused everything and that I should have seen to immediately and not the window sealant that I have seen to immediately! confused!.

huckster

Your confused. I can tell by your posts that you are not very clear about Insurance or living in a flat really.

Basically you get these problems in flats all the time. If you live above someone and there is a leak, the neighbour will think you are legally responsible. When they think this, it is best that you don't get involved at all, apart from passing on information to your Insurers and when your Insurers ask you for details you have to write back.

DO NOW. Send a letter off to your Insurance company explaining the situation, as I have already explained. You need to tell them that the overfiling of the bath was a 'one off' event 2 years ago that did not require a plumber and you are not aware of any escape of water from your flat that is causing the neighbours problem.