Flooded with raw sewage compensation

greengrower

Morning Everyone,

Please can someone advise:

I arrived back home to find my kitchen was flooded with raw sewage comming from under the sink (ground floor council flat) after getting down and dirty i cleaned up and thought nothing of it.

Next morning i was awoke by a gurgling sound then a whoosh like a hose being put on, went into kitchen and it was scary, water gushing out from under my sink i somehow managed to block it with a pair socks (lol) i know , however the water was warm (yuk) i chapped my neighbours above who were in their shower, i explained the circumstances and he/she turned of the shower by that time i was completly flooded again.

I phoned the council (7am) who came out at 12 30 to explain that the drains were blocked completly, and never been looked at in years, and he would have to come back on the Monday (this was friday) i said he couldnt leave without making sure that no sewage would come bck in my home, so he said he would make sure that was not the case and he would make sure the sewage would go into the foundations until Monday.

Monday arrived no plumber, no council Tuesday arrived and they turned up took them over 6 hrs to fix drains and clear them from years of abuse (council worman quote)

Anyways in this escapade i will need new carpets lino etc etc also lots of clothes were covered in sewage now in bin.

I have put in a claim of compensation into the council. The question i have is will they pay out compensation ?

Many thanks

keystone

Strange as it may seem this is the sort of eventuality for which you have insurance. You do have insurance don't you?

I am not sure I see why you are due compensation though.

Cheers

greengrower

Hi Keystone,

Thanks for reply

No i do not have insurance, however i do now

I feel this is a council responsibillity for at least an annual clean of sewage pipes, to prevent this sort of thing.

thanks

macman

You can't claim on your insurance retrospectively. You'll have to negotiate yourself with the insurers of whoever is liiable (it could be the council or it could be the local water utility, depending on where the blockage occurred).

keystone

greengrower wrote: »

No i do not have insurance, however i do now

Oh dear.

I feel this is a council responsibillity for at least an annual clean of sewage pipes, to prevent this sort of thing.

I understand the thought process but feelings and actualities are sometimes far removed from one another. If you could show that the council had failed to meet their obligations (such as laid down in a written agreement) then you stand a chance. Without being able to prove such I think you may be wasting your time and you'll be totally reliant on goodwill. Sorry - I'm not trying to be difficult just practical.

Hope you get it sorted.

Cheers

spacey2012

It is not raw sewage, that uses a different drain.

greengrower

macman - its the council's responsibility according to housing officer who has been out and taken photos of damage (pity photos cant give the smell also )


thanks

greengrower

Keystone - yep shall see what happens
spacey - thanks for comment - it sure smells like like it trust me on that


thanks

greengrower

Maybee i should add that the claim i have put in is very small only 700 quid, to cover new carpet and lino, as well as some clothes i have lost.

thanks

macman

It all depends on whether the LA coud have reasonably been expected to foresee the possibility of the blockage occurring. If the insurers play hardball then you'll have to provide your own evidence of this to bring a successful claim-they don't have to prove anything. That might involve you commissioning your own technical report. If you lose, you will be out of pocket.
The HO has simply admitted that the council are responsible for the drains, not for the blockage, or any subsequent compensation for damage.
Of course, they may just pay up without a fight.
A shame that you didn't have the contents insurance in place before this, as they would have taken care of it for you.

Furts

Hi greengrower.

I suggest a different approach. In reality, the body that you wish to claim compensation from is the person who blocked the drain. This, more than likely, was caused by gross irresponsibility. People can be very stupid and selfish!

That said, in the real world this is not going to happen. I suggest you contact your local councilor and get them onboard to help you. The councilor will know who to speak to, who to pull rank over and be able to get to the bottom of the extent of the councils liabilities. In return you offer them tea, coffee, a vote(!) and some integrity. If your claim is valid that is fine. If the councilor thinks you are swinging the lead then you have lost your chance of full support.