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Burst pipe in my house - neighbour uninsured
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MMLS
Posts: 361 Forumite
In short, a pipe burst in the attic of the house that I let. The tenant was away as was the next door neighbour and the water probably leaked for 24 hours at least. Every inch of my house is soaked and I don't yet know the extent of the damage but I have landlords insurance so am hopefully covered for it but my concern is with my neighbour. I asked my insurers if my policy covered the damage done to her house but was told that she has to claim on her own insurance and they in turn would claim off mine (as I'd thought). Having spoken to my neighbours daughter I'm told that she let the insurance lapse and isn't covered.
I feel awful about this as my neighbour is an elderly lady but I don't have the money to pay for her repairs.
Can anyone advise me please?
Many thanks
I feel awful about this as my neighbour is an elderly lady but I don't have the money to pay for her repairs.
Can anyone advise me please?
Many thanks
0
Comments
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Your insurer is correct, you are only liable if negligent and could have forseen the burst happening. For instance if maintanence was not performed. It's very sad but that is why everyone should have insurance.Lost my soulmate so life is empty.
I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
Diana Gabaldon, Outlander0 -
If she isn't insured and your burst pipe has caused damage to her property then she can take you to the small claims court i should imagine.0
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How is her house affected?
Or do you mean flat?0 -
You are not liable for damage to the elderly neighbour's damage. That is what insurance is for. Whether she has her own insurance or not is irrelevant in thiis case, as she would claim against your insurance company (not you)0
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You are not liable for damage to the elderly neighbour's damage. That is what insurance is for. Whether she has her own insurance or not is irrelevant in thiis case, as she would claim against your insurance company (not you)
So she could make a claim directly to my insurance company? That would be a relief. Although I know it's nobody's fault I still feel bad about it.0 -
The neighbour may be able to claim against you for the damage. You in turn may be able to claim the cost on your insurance under a clause such as:
F – Your liability as the owner of the propertyWe will pay for all amounts you become legally liable for, as a resultthe schedule.
of you owning your home and its land, or owning or occupying any
previous property, if a claim is made against you for:
a) accidental death of or bodily injury to any person; or
b) accidental loss of or damage to property;
which happened during the period of insurance shown in
If, as Torry suggests abobe, negligence is required, well it is likely that as the property was left empty by the tenants during cold weather with, I assume, no precautions taken against freezing of pipes, this could be negligent.
On the flip side, there may be a clause in the policy REQUIRING such precautions, the lack of which might totally invalidate the claim (yours AND the neighbour's).
You may also have legal protection (a common optional extra) which would pay for claims by your neighbour.
I suggest you read your policy closely.0 -
Firstly you need to find out what the damage is to her flat and take it from there.0
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Which insurance company?
I speak with some experience - havng had two flood damage insurance claims on two different let properties in under 12 months!0 -
Her not having her own insurance just means it won't be a simple "knock for knock" type claim, like might happen with car insurance.
She still has a claim against the person or cause responsible for the damage. i.e. You. In which case you invoke your insurance.
If you didn't have insurance, she could still sue you.
Can't believe some of the earlier answers, implying the absence of insurance negates the basic principles of who caused damage should pay for it.
Your insurer's employee was probably simply explaining the ideal situation of insurers handling it without too much fuss. If not able to be insurer vs insurer, it doesn't stop her having the right to pursue appropriate recompense.
Ask her to submit estimates/bills for repair, and pass them to your insurer to pay up.Act in haste, repent at leisure.
dunstonh wrote:Its a serious financial transaction and one of the biggest things you will ever buy. So, stop treating it like buying an ipod.0 -
It's a terraced house poppysarah. Unfortunately there was so much water that it seeped into the adjoining rooms of the house next door.0
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