Help with some aspects of recovering uninsured losses

Andy_Hamilton

Quick back story:
Our next door neighbour had ignited their gas BBQ which went out of control and started to spit fire everywhere. Hearing the screams I rushed outside, by this time the flames were engulfing all the area and flames were coming out of the tube onto the bottle. At this time I started to evacuate the neighbours and called the fire brigade etc.
Once the fire brigade had extinguished the fire it was clear that extensive damage had been done to both properties. There was no one hurt on the incident.

They say you only learn if your insurance company is good a bad when the worst happens...

We now understand that we are guilty of this damage until liability is found with my neighbours insurer.
The loss adjuster has seen the damage which includes:
Garden furniture burnt into patio and house wall
Chard brickwork.
All UPVC windows and doors to be replaced.
Molten glass exploded 10ft and landed on artificial grass melting it and making it unsafe for our child.
Smoke damage all loft contents.

The loss adjuster report was almost a joke with regards to the garden. The report says our patio is the cheapest around (only laid 2 years ago is is an expensive stone) and would not be replaced. We have no problem allowing any attempt at clean all hard surface but need reassurance that it will be reinstated to the condition just before the fire, would this happen?

Our main concerns are the facts I have to take unpaid leave as I've just started new job weeks ago and will not accrue enough holidays to cover the time needed to be in for tradesmen and assessors etc

Our insurance company will not cover the cost of the artificial lawn, they don't classify it as home or contents.
The time off unpaid and artificial grass replacement would probably come to £1000-£1500.

We're not the type of people who want to milk any insurance claim and we simply want Someone to wave a magic wand and restore things to the condition they were before the fire and for us to live life unstressed again.

Has anyone got advice for the uninsured losses we are genuinely suffering, is our next step the ombudsmen, solicitor etc ?

Not sure if it changes things but both claims are through the same insurer and same loss adjuster.

Thanks.

Quentin

If you have uninsured losses then they are down to you to pay - your insurer cannot be expected to pay for losses not covered by the policy.


Your only avenue for getting them paid is by pursuing a claim against your neighbour, but as you have been told, they are only liable if you can prove the fire was not accidental, but due to the neighbour's negligence - which could be difficult.

InsideInsurance

Ombudsmen can only help with disputes with your own insurer and so the only time uninsured losses come up are (a) in disputes if they are uninsured or not or (b) when your complaint is actually about the function of any uninsured loss recovery add on policy you have.

Loss of earnings, based on what you have said, is certainly uninsured. The fake grass would depend on the terms of the policy but it doesnt sound as if you are disputing it.

Do you have Legal Expenses cover on your Home insurance? If you do it may cover pursuing the claim against the neighbour for the uninsured elements, if not its up to you if you want to deal with it personally or pay a solicitor to do it for you. Unless your claim goes above £10,000 then it will be small track level and thus solicitor costs will be irrecoverable. Personally I'd also consider the peace of the neighbourhood before issuing solicitor or court papers against my neighbour

EdGasket

When I had a fire in my house, my own insurance paid for all the damage to the neighbours house. Surely the OP should claim off the neighbour (and their insurer) who caused the fire, be it accidental or not?

Quentin

EdGasket wrote: »

...Surely the OP should claim off the neighbour (and their insurer) who caused the fire, be it accidental or not?

As previously posted you are only liable for your neighbours losses if you were negligent.

Andy_Hamilton

Ive been told that the final decision about the artificial grass has been made by my insurance company. If it was in a role it would be classified as contents insurance. Since its been perminantly fitted it's not part of contents. On the building side of the same insurance policy it says:
"Your home and its perminant fixture and fittings including: tennis courts, paved terraces, paths, drives, walls, gates, hedges". There are no specific exclusions to this.
As the artificial lawn has been fitted 2 years ago, includes 10 year manufacturing warranty we assumed it would be covered by our insurance as a perminant fixture.
I'm awaiting a call from their complaints department but I hold no hope of common sense prevailing as the person I spoke to today made it clear the complaints team would back the claims team up.
I will play their game but I think I will have to use the ombudsmen.
Suing the neighbours directly is not an option yet.

EdGasket

Quentin wrote: »

As previously posted you are only liable for your neighbours losses if you were negligent.

So why did my insurers fully cover all damage to my neighbours house for an accidental fire at my house then?

Quentin

Andy_Hamilton wrote: »

Ive been told that the final decision about the artificial grass has been made by my insurance company......
Suing the neighbours directly is not an option yet.

If you have their final decision on the grass is a response to a complaint then you can now escalate it to the FOS.


If not you need to start the formal complaints procedure as you need to exhaust that before escalating to the FOS.


As far as your uninsured losses go, you do have the option to sue now, but it will cost you upfront for the court fees.


Much better to pursue the neighbour/their insurer yourself first. But you will have to prove their negligence as previously posted.


Should you fail with that route then your only alternative will be to sue - though bear in mind that although you will be taking your neighbour to court it will in fact be their insurer who will be defending the claim.

Quentin

EdGasket wrote: »

So why did my insurers fully cover all damage to my neighbours house for an accidental fire at my house then?

Who knows??


Maybe they were able to show it wasn't an accident, or the insurers made a mistake or they just got lucky.

EdGasket

Quentin wrote: »

Who knows??

Well I'd say if a neighbour damages my property then the neighbour is, in law, responsible and by implication their insurer. That's why motorists need insurance; although accidents happen, whoever caused it is still liable even though it was an accident. That's why house insurance includes public liablity. The OP should claim for all losses from the neighbour who will pass it on to their insurers.

Andy_Hamilton

EdGasket wrote: »

So why did my insurers fully cover all damage to my neighbours house for an accidental fire at my house then?

Simple, the believe you started it!!
They bring loss adjusters to haggle and find technicalities to bring the award down using your own policy documents.
Payout/ repair.
Then the people at the top shuffle money around without hassle as they know it's all give and take a few million here and there.
For anyone wanting fairness for loss we have to effectively sue a multinational company by the looks of it.
If our neighbours did not have insurance, my insurance company would have a multinational backing to sue them and I'm sure it would be easy to appoint liability.