Insurance refusing to take responsibility

johnjoiner

26 days ago i noticed a very small drip of water hanging from my kitchen ceiling, i placed a bowl under it and i told my upstairs neighbour about the problem, he laugh it off and said it would be condensation, so showed him the leak and he agreed to have a plumber friend have a look. Now fast forward 26 days later, i've got one large bucket under a major drip in my hall cupboard and a neighbour who has been convinced by his insurance that its not his problem. Today i spoke once again with my insurance (i don't have legal cover) and they told me that both my neighbour and his insurance company are guilty of criminal negligence, so armed with this information i spoke to my neighbour and told him to pass this onto his insurance. Is there anything i can do to speed the process up and who is ultimately responsible.


any information would be very helpful and thanks in advance

vaio

If the leak is coming from upstairs then provided it was unexpected then there is no negligence by your neighbour and so no liability.

As it's still leaking 3 weeks later because your waste of space neighbour hasn't fixed I'd say that does qualify as negligence and he is liable for the damage done after he was notified and should have fixed it.

McKneff

Vaio is absolutely correct.

They are aware of the leak, and have been for some time.

They are responsible full stop.

vaio

McKneff wrote: »

......Vaio is absolutely correct......

off to my local T shirt printing shop

johnjoiner

Thanks for the response.
Would i be correct in saying, because its one of his pipes in his house that its up to him or his insurance to find and repair the leaking pipe

vaio

yep..........

McKneff

And if it causes any damage to you and yours, they are liable for that too.

InsideInsurance

They will be liable for any ongoing damage caused by it if they dont fix it within a reasonable timeframe.

Would seriously consider switching LE cover however if their advice line is telling you it is criminal damage from the TP and their insurers.... love to hear the reaction of the police when you phone them to tell them to send a squad car to the TPI to arrest them for criminal damage

shop-to-drop

I'd say there's a good chance he doesn't actually have insurance. Has he given you his insurance details?

Quentin

shop-to-drop wrote: »

I'd say there's a good chance he doesn't actually have insurance. Has he given you his insurance details?

He doesn't have to pass on his insurance company details. (Normal does he have to have any insurance cover for that matter.)

If the third party has neither cover nor funds then irrespective of liability it will be the op or his insurance who will be stumping up for this.

johnjoiner

I took the day off work and decided to take the matter into my own hands, so i offered my services and contacts in the building trade to my neighbor and he agreed to let me find the leak. After removing most of the floorboards in his hall cupboard and then a few kitchen units i could hear the leak, which meant it was a bigger leak than i first thought but at least i was in the right area. I then called out an emergency plumber (charged to me) and within 6 hrs from start to finish the leak was repaired, i then spent the next couple of hours trying to mop up as much water as possible i will now take another day off to reinstate all the flooring and kitchen units.
So now to my question.
Is there any way or any one that i could contact that could help me claim back the loss of wages and the cost of the plumber, considering it has taken 27 days for the leak to be stopped