Water damage insurance claim

jerholl

I had a leaking pipe from my boiler which caused a lot of damage to the shop downstairs. It looks like the leak was there for at least a month if not more. On been told by the shop owner of the problem I had the leak fixed immediately as I was advised also that there was a high danger as water was dripping onto electric wires.

My house insurers say that the shop owner needs to make a claim on his insurance to cover the damage to his shop. However, most worringly, she pointed out that they may not pay out unless it was the case that I refused to fix the leak over a period of time! Considering the danger to myself and other flatmates it obviously had to be fixed.

Won't getting the guy downstairs to say I refused to fix the leak in order to get a payout leave me open to other counter claims?

Any info gratefully received

vaio

having an unexpected leak does not make you liable for the damage to the shop who will have to sort out the damage themselves (or via their insurance)

You would only be liable if you knew about the leak AND did nothing about it

somalt

Your policy should pay for the damage to your property and his policy should cover damage to his property. That's the purpose of your own policies.

What they seem to be talking about is if your neighbour tries to claim that you are responsible for the damage. What that would be is them claiming of the liability section of your policy.

To make that claim, they would need to prove you were negligent, the easiest way to do that is to prove you knew and didn't carry our repairs. But the key thing is they would have to PROVE it. So they would need to produce evidence like proof of notifying you in writing. It's only if they do that that YOUR insurer would pay, their own insurer still should.

So I don't think that you need to worry.

InsideInsurance

If you are liable your insurance will cover it (assuming there arent any indemnity issues - eg you saying you have 1 room and its a 32 room property). If your not liable then your insurance wont cover it but then neither do you.

Of cause the factor this doesnt take into consideration is your future relationships with your neighbour as even if you arent legally liable that doesnt mean your neighbour wont blame you.