Car damaged by building fire

Pippaki

Hello, hope you guys will be able to help.

We have a 10 year old Mini One (much loved) and live in on the 6th floor of a 10 storey building.

This morning, there was a fire on the 4th floor (don't know much detail but it was electrical) and our car is parked in our car parking space directly under the flat that had the fire.

There has been a lot of damage to our car from fallen debris, the two rear windows are smashed, plastics have melted and also there is a problem with the steering, the wheel doesn't respond very well.

My husband has called our car insurance as he needed to get the steering fixed so he can drive to work and has taken the car to the garage. This has cost us £450. My husband has asked our insurance if this will come out of our NCB and the insurance company said yes, if they cannot claim the money back from the people the caused the fire.

We will get some CCTV footage of what happend to our car, as possibly the fire brigade caused the damage trying to get to the window on the 4th floor?

What I would like to know, can the insurance company put this claim on us and we lose our NCB? Also, if the car is a write-off, will they then deduct the £450 from the money for fixing the steering?

I would think this would be unfair as it wasn't our fault and not an act of god either.....

Thanks for your help.
Pippaki

McKneff

If you have put it into the hands of your insurance company, then let them get on with it.

If they are successful, you will get all costs back and it will not affect your NCD.

If they are not successful for some reason, then they will pay your costs, all of them apart from your excess and of course you will lose some of your NCD.

Get your NCD protected when its all sorted out.

Did the insurance company tell you to get the sterring fixed, if not you really shouldnt have done so before finding out whether it was a write off or not.

Hintza

if there is no negligence then I think you will be lumbered with the bill. Did the insurer authorise the £450? If not you might lose that too.

I don't know how this will all pan out but you might want to consider buying back the salvage if it is written off.

Hope you have some sort of legal cover just to make sure this is all done properly (and in case you do have a claim against someone).

colino

As soon as you mentioned fire and plastics melted, that is the point to hand the matter over to your insurance company and let them get the money for your next car.
I'd sooner straighten out a car thats had a hefty thump than contemplate the inevitable and lingering problems that a car damaged by either fire or water will surely have.

Pippaki

Thanks for your reply. Yes, the insurance did say that we should get the car to a garage. They said it should be one of theirs but as this one is quite a bit out of their way and takes more than 2 weeks to get sorted my husband asked them if it was ok to take it to a garage near his work and they agreed.

We have legal cover as part of our car insurance. I will ask my husband to check out if and when needed.

The flat that caught fire belongs to an elderly couple (in their 70s) and started in their guest room. I am glad to say though that they are ok and are already out of hospital (for smoke inhalation).

Pippaki

Also, what if the firefighters have caused the damage when they tried to get to the window? Would the insurance try to get the money back from the firefighters insurance?

Quentin

Although this is not your "fault", there is a big possibility that this will end up being a fault claim (meaning losing your excess and losing your NCD).

For your insurer to be successful, they need to prove negligence (as Hintza has already advised).

Likewise, you (or your "legal cover") will need to prove negligence to get your excess and any other uninsured losses reimbursed.

atrixblue.-MFR-.

Housing authortity or council or private rent flats?

you need to discover whether, it was a fault fire (messing with appliance plug etc) or that the internal wireing of the flat caused it.
if it was internal wiring damage, then claim either off your their your landlards insurance, or if they have insurance themselfs (the old couple).
then pass this over to your insurers.

you have no recourse with the firebrigade, they were acting withing their duty. ive seen them smash a car window and roll a car off a firehydrant (this is why you should never park over one) and not bother to put the hand brake back on only for the car to roll down and embankment and write it off and the owner not see a penny for repairs.

vaio

atrixblue.-MFR-. wrote: »

Housing authortity or council or private rent flats?

you need to discover whether, it was a fault fire (messing with appliance plug etc) or that the internal wireing of the flat caused it.
if it was internal wiring damage, then claim either off your their your landlards insurance, or if they have insurance themselfs (the old couple).
then pass this over to your insurers.

you have no recourse with the firebrigade, they were acting withing their duty. ive seen them smash a car window and roll a car off a firehydrant (this is why you should never park over one) and not bother to put the hand brake back on only for the car to roll down and embankment and write it off and the owner not see a penny for repairs.

sounds completely wrong to me, a claim against the flat owners/occupiers will only succeed if you can prove legal negligence.

As for the fire brigade not being responsible if they move a car and it gets damaged because they forgot to put the handbrake on, that's ridiculous. They have the "necessity" defence to any criminal damage charges but that in no way affects their civil responsibility for any damage they cause