Help from People in Insurance Industry, Please!

moneyfoolish

A huge tree (protected by a TPO) from my neighbour's garden recently split and caused extensive damage to my garden and the roof of my house. I contacted my Insurance Company who have treated the case under my policy although I assume they will be claiming off my neighbour's insurance. However, under my policy there is a limit of £1,000 on Garden repairs and I cannot claim for replacement fencing. The quotations I have for sorting out the garden and fencing amount to £2,250! Although, I know under my policy the limit would be £1,000, I had assumed that my Insurance Company would be making a third party claim but they are telling me that I should be claiming for any amount over £1,000 directly on my neighbour's policy. Is this the normal way that Insurance Companies operate? What happens if my neighbour's Insurance Company refuses to pay? Can I use the legal protection I have under my policy? I have no wish to involve my neighbours (who have already paid for removing the tree from my garden and for having the trunk which was left standing made safe) in this but merely their Insurance Company.

Quentin

You can make your (whole) claim directly off your neighbour (or their insurer).

As you only have £1000 of cover on your own policy, then you may as well start pursuing this immediately - use your legal protection to do this for you.

(You will have to prove your neighbour has been negligent over this - otherwise they are not liable and you will have to pay up yourself)

moneyfoolish

Thanks but I don't understand. Everybody - including my Insurance Company - has told me that the responsibility is with the owner of the tree i.e. the garden where the tree is growing. My insurance company has already paid me for much of the re-building work which has been done but my assumption (and they have confirmed this is that they will be claiming for this against my neighbours insurance). However, I'm assuming that they won't pay for any more than my allowance on the garden just in case they fail to get agreement from the other insurance company.

dacouch

Which Insurer are you with ?

moneyfoolish

Prudential but underwritten by Churchill.

Quentin

russell_anderson wrote: »

However, I'm assuming that they won't pay for any more than my allowance on the garden just in case they fail to get agreement from the other insurance company.

No - they "won't pay any more" simply because they only covered you up to £1000.

So they don't need to pay any more!

You do need to start pursuing your neighbour over this (they will in turn pass on your claim to their insurer who will deal with it on their behalf - but pay out only if they (your neighbours) are legally liable)

moneyfoolish

Incidentally, if I use my Legal Protection, will I lose my Insurance no claims discount?

Quentin

Not usually - but read your policy to be sure. (As you already made a claim, then your NCB will be lost anyway until your insurer makes a full recovery off your neighbour)

vusys1

When did you take out the Pru home policy? I only ask as when "new" policys have been issued older policys terms and conditions have not changed.

I know that new policys issued after October 10 does have the exclusion of fences & walls if hit by fallen trees and branches. But older Pru customers have have retained their terms and conditions which would cover the fence damage under Buildings

moneyfoolish

vusys1 wrote: »

When did you take out the Pru home policy? I only ask as when "new" policys have been issued older policys terms and conditions have not changed.

I know that new policys issued after October 10 does have the exclusion of fences & walls if hit by fallen trees and branches. But older Pru customers have have retained their terms and conditions which would cover the fence damage under Buildings

Took the policy out on 28 May 2010.