Insurance refusing to take responsibility

dora87

Personally I would talk to your own insurance company - they should be able to tell you where you stand, and where to go from here. That may include them contacting your upstairs neighbour.

johnjoiner

InsideInsurance wrote: »

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

I know this is at the lower end of what is classed as criminal negligence, but it is very apt for the situation i have been placed in by my neighbour and his insurance company, "failure to act with the prudence that a reasonable person would exercise under the same circumstances"

CKhalvashi

johnjoiner wrote: »

I know this is at the lower end of what is classed as criminal negligence, but it is very apt for the situation i have been placed in by my neighbour and his insurance company, "failure to act with the prudence that a reasonable person would exercise under the same circumstances"

The best thing to do here is to request your insurers send a letter to him for the moment.

If he does have insurance, they'll probably hear about it, and if he doesn't, it may force him to take action accordingly.

CK

Marvin123

They are aware of the leak.

spacey2012

The construction and layout of the property and leas or ownership of the structure may have some bearing as to who is responsible.
Is a management company responsible or the tenant/ upstairs flat owner/ leaseholder.

kingstreet

Presumably these are leasehold properties insured under the same block policy?

In which case, the claim will be made to the same firm, regardless.

johnjoiner

spacey2012 wrote: »

The construction and layout of the property and leas or ownership of the structure may have some bearing as to who is responsible.
Is a management company responsible or the tenant/ upstairs flat owner/ leaseholder.

We both own our individual properties

johnjoiner

Because i managed to stop the leak yesterday my insurance company had organised a property claims specialist to asses the damage. In normal circumstances (according to the specialist) he has the authority to process the claim immediately, but because of my neighbour and his insurance company dragging their heels by refusing to take responsibility, the claim now becomes non derogated (i think that what its called) and they actively pursue my neighbour for the full amount including my excess, but he is also given the option to claim it on his insurance. So i'm now in the situation of having to wait even longer for any help with the financial side of getting my house back to a reasonable state in time for Christmas

dacouch

johnjoiner wrote: »

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 wrote: »

yep..........

It's not up to his Insurers to repair the leak. He may have Emergency Cover which might cover a leak. H

e might have Trace and Access which would pay to trace and access a leak but is normally subject to him have claimable damage to his own property

johnjoiner

dacouch wrote: »

http://forums.moneysavingexpert.com/newreply.php?do=newreply&p=58000867

It's not up to his Insurers to repair the leak. He may have Emergency Cover which might cover a leak. H

e might have Trace and Access which would pay to trace and access a leak but is normally subject to him have claimable damage to his own property

That goes along with what the assessor explained to me today. I was told even though all parties involved knows there's a leak, his insurance only takes responsibility when there's visible damage to his property and my insurance kicks in when the leak has been stopped. It doesn't seem fair to me but if both insurance companies had taken the time to explain it in that manner, instead of just saying its not our responsibility and trying to pass it onto the other persons insurance, i wouldn't be sitting in a house that's got a couple of thousand pounds worth of damage, no electricity and mold everywhere