Flood next door - damage in our house

jamichi1

Hello everyone -
just I would like to share my experience with Zurich as a "3rd party claimant" following a leak in our neighbour's house.

To make a long story-short, we returned to our house from our 2-week holiday to find out that a leak caused by the negligence of our neighbour's plumber had caused damaged to our dining room and storage area wall, an electrical breakdown, a defrozen freezer (full of food) and many items (including artwork) destroyed.

To add to all these, the atmosphere was extremely damp - not healthy especially if you have very young children. The guys next door have admitted negligence to us, filed a claim with their insurance, who seems to take their time in responding and sending someone around, despite explaining them how unhealthy the situation is for us.

To make matters worse, we reached the weekend and we have to endure the moisture and dampness coming off the walls in the lower floor - the dehumidifier that we were forced to buy to make the atmosphere clearer and the air breathable have done little up to now, despite working day and night.

Some emergency repair work had to be done as far as electricity is concerned, but we are still in a situation where we live in a house where two rooms can't be "visited" - with the air being affected all over.

Any similar experiences by anyone? Any suggestions as of how to move forward?

I have started getting quotes from plasterers etc, I compiled the list of items destroyed & affected and I have informed their insurance (Zurich) that they will be responsible for any further damage caused by their delays (5 days to appoint someone to come and look at our house).

Thanks a lot -
john

vaio

Why aren't you claiming on your own insurance? They will sort it all out (inc alternative accommodation if needed) and then reclaim their costs from the at fault party as appropriate.

Apart from the time saving your own insurance could well be "new for old", but any settlement from the third party will likely be on an indemnity basis.

is Zurich the neighbour's insurer or the plumber's?

jamichi1

Thanks - it's the plumbers.

What I don't want to happen is to have an increased premium to pay for something that isn't my fault.

Dimey

Sadly you have to keep chasing Zurich daily and get a member of their staff on your side. If you don't, your case will be out of sight and out of mind.

Have you sent Zurich a list of all your damaged items, consequential losses and claim for compensation for damage to health due to the damp, together with estimates to make good the water damage to the structure of the house.

Did Zurich not offer to re-house you while they dried out your house? You should have insisted on Zurich sending a loss adjustor to inspect the damage within the first 3 days. They are unlikely to start considering whether they'll accept the claim until they receive the report from the loss adjustor/ assessor.

Have you got a copy of the plumbers policy? Worth reading it thoroughly to know what's covered and what you're entitled to.

magpiecottage

I would use my own insurer in this circumstance for several reasons.

Firstly, as vaio says, they will almost certainly provide you with new for old cover.

If the house is too damp to live in, your own insurer will almost certainly rehouse you if necessary.

You will also have recourse to the Financial Ombudsman Service if it is not done properly. It would be unlikely to come to that because your insurer has a vested interest in keeping you happy (unlike a third party insurer).

If your insurer thinks it worthwhile, it will sue whoever is responsible in your name.

As far as renewal costs are concerned, you have to declare the incident anyway as is a relevant factor in setting your premium.

jamichi1

Hello.

Yes I have given them an idea of the situation (not exact items though - as the list is quite long and I did have to go to work), how I have been affected (e.g. a rough idea of the damages of the house) and I have asked for re-housing. Nothing happened. The only thing that they did tell me is to "carry out any emergency repairs", which I did.

They have only appointed someone after I threatened them for going after them due to negligence.

In regards to "claim for compensation for damage to health" - how much can it be consider as reasonable to use just to get them going faster?

Quentin

Your future premiums may already increase as aresult of this loss. You will have to disclose this claim to all insurers you approach for quotes as part of your history even if you don't use your insurer.

You should put this all with your own insurer who will hopefully act immediately, and if you want compensation for damage to your health get an injury solicitor to pursue this for you separately.

Dimey

How much damage is there? If its a lot, then you need to get Zurich down fast, especially if you're still living in damp. Or as other's have said, report it to your own insurer.

Are you satisfied with your own emergency repairs. Normally an insurance company will send their own emergency repairer. Have you had professionals inspect it yourself? If it's not much damage then fine but if its a lot then how do you know what you've done is right?

I don't know what compensation is paid for the health issues of living in damp when they haven't re-housed you. Maybe others do. Maybe you should also not be putting yourselves in harms way. Can the children stay with relatives till this is resolved?

I would get your list of damages and losses in thorough comprehensive shape as Zurich won't assess the claim (aside from re-housing you) till you supply a final list.

If you do decide to claim on your own insurance then you need to contact them without delay.

*Scarlett

As you will need to declare this incident to future insurers anyway and your situation at home seems quite dire, I would contact your own insurer.

You may have altenative accomodation cover on your policy.

Your neighbour's insurer and yours should sort the claim between themselves and if the neighbour was negligent then your insurer would recover costs from them (inc excess fees).

As a 3rd party was involved (the plumber) they may seek redress from his insurance.

It could be a long drawn out issue to prove negligence (neighbour or plumber?) but your 1st priority is to have somewhere habitable to live for you and your children.

As regards to future premiums, this would normally have to be declared as an incident but if your own insurer has relaimed any losses then it does not go down as a claim against you (but may be recorded on your history).

Spikey1

Yes I agree with everyone else.......you should pursue this via your own insurers and they will recover from the negligent party. Most of them will also recover your policy excess for you too.

Regarding the health issue. You will have to pursue this against the plumber (or their insurers) yourself. You need to consider this carefully...the first question you will be asked is "if the property is a health risk .. why did you choose to stay there...surely you should have left ?". I can see that you purchased air drying equipment but that it failed.... the plumber can't really be held entirely responsible for these health issues if your own equipment failed and prolonged the problems.

Don't delay the involvement of your own Insurers. They will wish to take control of the drying operations since your own drying regime seems to have had problems. Damp properties are prone to mould...if that happens the repairs will be much more extensive/costly and your Insurers will not be happy if that happens.

Best :)of luck.

jamichi1

Thank you all for your responses -

I don't doubt that it will have to be reported however, I feel that claiming under my insurance with come to a financial loss for us and will make things more complex. I may be wrong though -
my insurance covers temporary accommodation, however, the excess is £350 for "escape of water" - hence, I will to pay costs for something that I'm not responsible for - which I find frustrating. The kids' are with family at the moment - mainly because the atmosphere downstairs is very damp and humid. We may have to go to a b&b by tomorrow..

The emergency electricity work that we did was carried out by a professional electrician - that's sorted for the moment, but we have the walls to look after as quickly as possible.

What I did find also shocking is that DESPITE explaining them calmly and politely what the situation was, they took a slow-mode of approach. They did tell us that they appointed Crawford & Co - however, the latter hasn't anything in their system for our address yet and hence, have no plans to do anything yet.