Home Insurance Claim Nightmare....HELP!!!

Blackberrymuffin

Following a third party leak/flood we have been effectively homeless for the last nine and a half months. We have had murders with the contractors (appointed by Direct Line and pulled them off the job in June). We submitted a formal complaint in June (would have been within the first two weeks of works starting, had it not been for the loss adjuster advising us that if we made a formal complaint all works would stop and now works would start or new contractor appointed, until after the complaint had been resolved, causing further damage to the property from on-going leak).
Our case is still yet to be assigned to a case handler.
Our loss adjuster has failed to put our entire belongings (barring small valuables jewlellery, some clothes, laptop, camera etc. which we took with us when we vacated).
The property is still extremely wet and storage is now being offered elevn months after the leak started. The room is so wet the carpet replacement has been agreed, wall paper blown and mould on walls and moisture traps overflowing.
Our main issue is we have demanded that all of our large items (wooden frame sofa/sideboard/tv unit) and electricals should be replaced. The insurance company insist they will assess with view to restoration. Our argument is they knowingly left our belongings in situ and failed to provide adequate storage throuhout the entire nine months of exposure works, depsite being aware it was a third party leak, over which we had no control.
The insurance company have now said we can arrange for our items to be assessed by an independent company to establish if restoration is possible or is replacements or cash settlements are required.
I would like some advice on our rights and if it is an independent loss adjuster we need to appoint. The customer relations team have agreed to pay for this servie for assessment.
This is a trivial issue in the catelogue of horrific treatment and damage by both the contractors and insurance loss adjusters and we are literally at our wits ends.
Any practical advice is welcome.
Thank you.

lil.smartie

Where in the UK are you? This has similar issues to our own, we have been dealing with Cunningham Lindsay (or would if they ever replied to anything) based at their Plymouth office on behalf of Direct line & had Uplands as the building contractors.

Kate

forgotmyname

6 of one and half a dozen of the other?
Why don't you want them to restore the furniture instead of replacing them?

Who pulled them off the job? You (why)? or DL because of the dispute?

xMonsoonx

I believe insurance company's have the right to restore items if they are able to, you can not just choose to have them replaced.

somalt

When you say your case still has to be assigned to a case handler do you mean at the loss adjusters or the complaints team at the insurers?

To get the items assessed you would need a restoration company, such as ChemDry, Belfor or Rainbow. They would advise if the items can be repaired or need to be replaced and the insurers/loss adjusters should accept their verdict. As the insurers didn't arrange storage they should accept the items as being damaged as part of the claim.

It would be a loss assessor you appoint to act on you behalf, if you chose to do so. They would manage the claim and deal with the insurance company and loss adjusters for you. Typically they work for a fee which is a percentage of the claim amount they negotiate for you, and it you who would need to pay them. Only you can determine if their service would be of benefit to you.

Typically, the wording of an insurance policy gives the insurer the right to determine if items are to be repaired/restored or replaced. You should check the wording of your policy to determine your rights.

Is the insurer now meeting costs of alternative accommodation?
Has the leak been stopped?
You should be able to ask to use your own contractors if you prefer, although the policy wording may limit settlement up to what the insurers would pay for their contractors to complete the works.

Here also is the link to the FOS guidelines on compensation for distress and inconvenience, which may be helpful in dealing with the other issues you have related to the contractors and loss adjusters. http://www.financial-ombudsman.org.uk/publications/technical_notes/distress-and-inconvenience.htm