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Leak into flat below

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Hi,

I had a burst pipe this evening under my bathroom sink. We had the water off within two or three minutes, but it's caused damage to the flat below. They will be claiming off their insurance, but tell me I will have to pay the £250 excess. Is that correct? Do they not have to prove negligence on my part?

On another note, is there any chance of claiming the cost of repair work in my flat off my home insurance? I'm assuming not.

Cheers,
Richard
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Comments

  • keystone
    keystone Posts: 10,916 Forumite
    Richard__G wrote: »
    Hi,

    I had a burst pipe this evening under my bathroom sink. We had the water off within two or three minutes, but it's caused damage to the flat below. They will be claiming off their insurance, but tell me I will have to pay the £250 excess. Is that correct? Do they not have to prove negligence on my part?
    They claim off their own insurance not yours. If they have reduced their premium by agreeing an excess thats their problem not yours.
    On another note, is there any chance of claiming the cost of repair work in my flat off my home insurance? I'm assuming not.
    Why not? - I would unless the cost to put it right was less than my excess. :)

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • Contact your insurers and they can take over the dealings with your neighbours' insurers. Which should make things far more amicable as you can say 'Well, here's my Insurance details, please give them to yours and they will sort it out'.

    It's been a while since I was working in Insurance, but as I remember, your Insurance should pay the excess and then reimburse the other Insurance company the remaining amount they negotiate between themselves in respect of liability.

    Best said with a smile rather than the snarl you are probably getting from the neighbours.


    (that's the liability aspect of cover - if you have buildings cover, that may deal with the damage to your flat)
    I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.
    colinw wrote: »
    Yup you are officially Rock n Roll :D
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    There are a number of issues here.

    Firstly, as you live in a block, there will normally be a single buildings insurance policy covering the whole block.

    Your neighbour below will claim off the insurers for the damage to his flat. You can also claim off the insurers for the damage to your flat. This will therefore give rise to 2 claims his and yours. You will both have to pay an excess of £250.

    The guy downstairs has has his property damaged by you. Negligence isn't an issue. You have caused the damage. Therefore you are legally bound to pay his excess.

    If the boot was on the other foot, and he flooded your flat, you would expect him to pay for your £250 excess as he caused the damage.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • keystone
    keystone Posts: 10,916 Forumite
    phill99 wrote: »
    .....you are legally bound to pay his excess.
    Really?

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    keystone wrote: »
    Really?

    Cheers

    Throught the Law of Tort.
    Its the same when some one runs into the back of your car. You have to pay the excess to get your car fixed and then you recover it from the third party.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • keystone
    keystone Posts: 10,916 Forumite
    Oh I see thank you. Then its the same as the post from JoJo then. The insurance company pays it rather than the individual concerned.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
  • Thanks everyone.

    So if there are two claims (both, I'm assuming, on the buildings insurance for the block rather than our individual contents insurance), I'd have to pay the excess on both?
  • I've had it put to me that in fact it wouldn't be unreasonable for the excess to be paid out of any sinking fund held by the management company. Does anyone agree or otherwise with that?
  • There isn't always an excess on Liability claims. It depends upon the particular Insurance in force.

    Best get in touch with them ASAP (and take photos, etc, so you have a record of the extent of the damage as well as the Loss Adjuster that will probably be appointed by the Insurers).
    I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.
    colinw wrote: »
    Yup you are officially Rock n Roll :D
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The sinking fund is for communal repairs and maintenance. It would be quite unreasonable for the other leaseholders to have to share the cost of the excess-what has it got to do with them?
    You are not liable for the excess, the flat below is-what his insurers agree with your insurers is between them.
    Your neighbour may take the view that you 'morally' owe him the excess, but that does not oblige you to pay it.
    No free lunch, and no free laptop ;)
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