Insurance query .. damage to celing in flat below

foolishboy

Quick one ...

...wife put foor through our floor (flat below ceiling) during some work, caused quite a lot of damage below and resulted in a new ceiling being fitted.

Our insurers are saying that the ceiling damage beneath isn't covered as it's not in our flat and their insurance should cover it.

Is that right? Damage caused from our end ends up in them claiming on the insurance?

..both flats are freehold, if that makes any difference.

Cheers,
FB

InsideInsurance

Your own insurance covers you for
a) damage to your own property
b) damage for which you are legally liable for as the owners/ occupiers of the house

Your own damage is covered under section A. Damage to your down stairs neighbour would only be covered by B and therefore only if you are deemed legally liable for it.

In most cases you are not liable because you havent been negligent (the classic is a burst pipe/ leaky washing machine etc which you didnt know was leaking).

To be able to judge if there is any liability it we would need to know the circumstances of the accident better

foolishboy

InsideInsurance wrote: »

Your own insurance covers you for
a) damage to your own property
b) damage for which you are legally liable for as the owners/ occupiers of the house

Your own damage is covered under section A. Damage to your down stairs neighbour would only be covered by B and therefore only if you are deemed legally liable for it.

In most cases you are not liable because you havent been negligent (the classic is a burst pipe/ leaky washing machine etc which you didnt know was leaking).

To be able to judge if there is any liability it we would need to know the circumstances of the accident better

..floor boards were up in part of the kitchen due to plumbing works, wife was on step ladder decorating and stepped back into the void - foot straight through downstairs ceiling.

Thanks!
FB

InsideInsurance

To be honest, if your neighbour is giving you grief then they should send you a letter of claim (saying why they are holding you responsible for their damage, what the damage is and how much it will be to fix it) and you then forward it to your insurers to respond on your behalf (let them know its coming).

Negligence is generally defined as "doing something that a reasonable person wouldnt, or failing to do something that a reasonable person would". The question will be if it was reasonable to set up the step ladder where it was given the lack of floorboards

foolishboy

InsideInsurance wrote: »

To be honest, if your neighbour is giving you grief then they should send you a letter of claim (saying why they are holding you responsible for their damage, what the damage is and how much it will be to fix it) and you then forward it to your insurers to respond on your behalf (let them know its coming).

Negligence is generally defined as "doing something that a reasonable person wouldnt, or failing to do something that a reasonable person would". The question will be if it was reasonable to set up the step ladder where it was given the lack of floorboards

..the repair has already taken place, this was back in December, and the damage rectified - I wouldn't leave anyone with a hole in their ceiling that was our fault. It's taken the insurer this long to respond to our claim and they are suggesting the claim is to be brought upon the insurer for downstairs which I think is unfair - the damage occurred through no fault of his after all.

I have a new found hatred for 1st floor flats.

Thanks!
FB

InsideInsurance

foolishboy wrote: »

the damage occurred through no fault of his after all.

If a pipe in his flat had burst or his house was burgled it would still be no fault of his but he would still have to claim on his insurance.

What is only of importance is if you were at fault or not. Outside of motor accident there are many more true accidents where no one is at fault and as such each must deal with their own losses.

It is his claim against you/ your insurers and so it is really up to him to do the arguing rather than you.

foolishboy

InsideInsurance wrote: »

If a pipe in his flat had burst or his house was burgled it would still be no fault of his but he would still have to claim on his insurance.

What is only of importance is if you were at fault or not. Outside of motor accident there are many more true accidents where no one is at fault and as such each must deal with their own losses.

It is his claim against you/ your insurers and so it is really up to him to do the arguing rather than you.

Good points, thanks!
FB