Who pays insurance excess?

schrodinga

I have experienced water damage coming into my flat from an upstairt location. Damage is to bathroom ceiling and wall, and does not look pretty.

After investigations by the upstairs owner, we contacted the factor as the water appears to be coming from a communal stack running behind all flats within the building.

Factor has done a CCTV survey and confirmed this is a communal issue and will pay to resolve problem - with a view to recovering costs by recharging all owners within the building their share (incl me!?!)

I asked for confirmation that this route would be used to rectify damage to my flat, which I was clearly told would not happen. I was told I had to pay the cost of repair myself or claim on buildings insurance (group policy covering all flats incl communal areas).

Excess for policy is £500, and damage is likely to come in slightly below this. Factor has intimated, if I do claim that they would not accept liability for the excess, despite this being a caused by a communal fault.

This seems very unfair. Does this sound right....?

Guest101

No the freeholder is responsible for communal pipes and so forth. Unless u own share freehold?

silvercar

The damage to your flat should be covered by your contents insurance or by the building insurance for the block.

schrodinga

Guest101 wrote: »

No the freeholder is responsible for communal pipes and so forth. Unless u own share freehold?

Sorry, not familiar with terminology of freeholder, I'm Scotland based so not sure how this applies?

Within our deeds a factor in appointed to take care of communal areas and recharge each owner a proportionate share of all costs/expenses (calculated based on percentage square footage of each flat).

schrodinga

silvercar wrote: »

The damage to your flat should be covered by your contents insurance or by the building insurance for the block.

No actual contents damage, just ceiling and wall - so assuming building insurance would cover. Just worried they won't fund due to the excess of £500.

gibby9

If its internal damage you are responsible for repairs to your own property.

You can only claim against the factor or another party it the water ingress was caused by negligence on their part. If it's simply a maintenance issue then no recourse against anyone else.

schrodinga

gibby9 wrote: »

If its internal damage you are responsible for repairs to your own property.

You can only claim against the factor or another party it the water ingress was caused by negligence on their part. If it's simply a maintenance issue then no recourse against anyone else.

I feel I could argue negligence, as issue originally arose a year ago. We investigated and were told by factor that it was a private issue between upstairs flat and mine, despite us being unable to trace source of problem. Factor refused to engage or investigate further.

Upstairs neighbour put in a new shower tray and regrouted, thinking that would resolve matter. Problem stablised for a while.

However problem has been pretty much ongoing for a year, but got significantly worse over December when the bulk of damage occurred. It is only now, after exhausting all other routes that we have re approached factor to investigate (on advice of 5 different plumbers) and the original problem has been traced to he communal stack.

If the proper investigations had been carried out in the first instance by the factor, the damage to my property would not have occurred, or certainly not have been as significant.

Guest101

gibby9 wrote: »

If its internal damage you are responsible for repairs to your own property.

You can only claim against the factor or another party it the water ingress was caused by negligence on their part. If it's simply a maintenance issue then no recourse against anyone else.

Yes but in a case such as this, failing to maintain the property in itself can be negligence

eddddy

schrodinga wrote: »

I feel I could argue negligence, as issue originally arose a year ago. We investigated and were told by factor that it was a private issue between upstairs flat and mine, despite us being unable to trace source of problem. Factor refused to engage or investigate further.

<snip>

I had a very similar situation with two different flats in England. The managing agents (equivalent to factor, I think) ultimately agreed to pay for repairs to each flat. However, the cost of the repairs were recharged to the leaseholders (i.e. owners of each flat) through the service charges.

So I ended up paying a small proportion of the repair costs.

(A lawyer might argue that costs arising through negligence are not rechargeable to leaseholders, but given the sums involved, I did not pursue this.)

So the first challenge is to get the factor to admit to negligence. With one of the flats I had to instruct solicitors, get specialist surveys and threaten court action, before the managing agent agreed to pay.

silvercar

If it is a claim on your insurance then you are responsible on paying the excess; reason being is that you chose to take a policy with that excess.

If it is on a 3rd parties policy, then the excess should be born by the 3rd party.

donfanatico

Your insurance you pay the excess. However, you should not need to claim on your insurance.