Damage done to flat from property above

minniemarie

In short.

New owners of the flat above have being doing majors works prior to moving in. This has resulted in very visible new " deep spider web" cracks appearing in my living room and hallway. So bad that I am concerned that the lath and plaster will come down (Victorian build ).

I don't have accidental cover. Didn't really think that I have that much that would warrent it.

Neighbours upstairs said I should contact my insurers to claim from them.

Insurer said this is accidental damage and so not covered.

Should say I have Buildings and Contents with the same company.

Where exactly do I go from here?!

Any advice greatlfully welcomed, as this is making me feel quite ill with worry.

Quentin

Looks like to the bank! You don't have any insurance cover, so you will have to pay for your own repairs - unless you can prove this has been caused by the negligence of your neighbour (in which case you can pursue them for the cost of repairs)

bingbong1978

minniemarie wrote: »

In short.

New owners of the flat above have being doing majors works prior to moving in. This has resulted in very visible new " deep spider web" cracks appearing in my living room and hallway. So bad that I am concerned that the lath and plaster will come down (Victorian build ).

I don't have accidental cover. Didn't really think that I have that much that would warrent it.

Neighbours upstairs said I should contact my insurers to claim from them.

Insurer said this is accidental damage and so not covered.

Should say I have Buildings and Contents with the same company.

Where exactly do I go from here?!

Any advice greatlfully welcomed, as this is making me feel quite ill with worry.

Who has been doing the work upstairs, the neighbours themselves or workmen??

If a contractor, you might be able to claim on their public liability insurance but like Quentin says, you will need to be able to prove negligence either way.

minniemarie

Their contractors have been doing the work.

What I don't understand is that if it had been water ingress I would be covered. Which surely would have been accidental too...

bingbong1978

minniemarie wrote: »

Their contractors have been doing the work.

What I don't understand is that if it had been water ingress I would be covered. Which surely would have been accidental too...

If it was water from a pipe you would be covered under escape of water. You will need to pursue the contractor for the money not the neighbour.

If I was you I would notify them of the damage and give them the opportunity to inspect and possibly put right for you, if they are willing. (Might be an easy job for them)

Do you have legal expenses cover under your home insurance cover??, if so you could always get in contact with them and they would act on your behalf.

minniemarie

I do have legal expenses under my cover.

The neighbours have seen the damage and were quite happy for me to pursue them re my insurance.

Obviously I cant do this due to not having accidental cover.

I would have thought that my ceiling was part of my building as in walls.....


Thanks for responding

Quentin

minniemarie wrote: »

The neighbours have seen the damage and were quite happy for me to pursue them re my insurance.

You can make use of your legal expenses cover. See if they think you have a case against your neighbour.

If they think you have a reasonable chance of winning they should pursue them for you.

PasturesNew

This is not for the OP to pay IMHO.

The damage was caused by somebody else (upstairs), so they have to pay. If it's contractors, they'll have insurance. OP will have to claim from upstairs, who will pass it on to their insurers.

However, as it's flats - is the OP also part of the management/freehold? Or is there a separate freeholder who needs to become involved?

Not the OP's bill though.

Quentin

PasturesNew wrote: »

This is not for the OP to pay IMHO........ Not the OP's bill though.

As already posted, the OP will have to prove there has been negligence by a third party or will end up having to pay the bill.

This is always the case and a good reason for making sure you are properly covered by insurance!

bingbong1978

PasturesNew wrote: »

The damage was caused by somebody else (upstairs), so they have to pay.

The upstairs insurance co will not pay the claim if the work has been done by a tradesman.

minniemarie

Thanks for your responses.

For obvious reasons I am now thinking of getting accidental cover. I know I won't be able to claim for damage already done/reported, obviously no claim has gone through..

Work in the above is still ongoing and I'm worried about what else may appear.

Would I be better taking out a new policy and adding the accidental or staying with current?

Feel at a loss and not sure what the best way is.