Got flooded, insurers wont pay

BarryMarshall

Hi,

Without going into too much detail:

Our next door neighbours flooded us. We have pictures showing where the water came in, the water actually coming in and the damage done.

Their insurance won't pay because they say that the neighbours aren't legally liable as it wasn't accidental or down to negligence.

Apparently 70 litres of water just appeared.

They have told the insurance company a completely different chain events from what actually happened. They have alsi lied about certain events.

They own their property.

I have an appointment with my solicitor this week, but I thought I would ask in here as well.

Cheers.

dacouch

Why don't you claim on your own Insurance?

What caused the flood?

Their Insurers are correct in that for you to be able to claim from your neighboors, you need to prove they were negligent eg the flood could reasonably have been avoided

magpiecottage

BarryMarshall wrote: »

Without going into too much detail

There is your first problem. The detail we need to know is why you think your neighbour should pay.

The mere fact that the water that caused the damage came from their property is not sufficient. You need to prove that it was their fault.

lisyloo

Your solicitor will tell you that your neighbours are only liable if it was deliberate or negligent but not if it was accidental.
Unfortunate as it may seem you have to pay the damage from any accidental flood.
It will be very difficult for you to prove or get evidence of what went on inside your neighbours house.

The normal way people would deal with this is claim on their own insurance. If your insurance feels the neighbour is to blame then they will seek to get the money from your neighbours and/or their insurance and they have a lot more resources/experience behind them in dealing with these kind of cases.

I think you need to provide details of what you think you know and then others can give opinions on who is liable AND your chance of proving it and winning, but as I said most people would leave that to their insurer who will pursue if there is enough evidence.

BarryMarshall

Like many others we didn't have insurance at the time. It is only now we are getting back on our feet after a long time of tightening our belts.

According to their current statement the water suddenly appeared on their kitchen floor.

I don't really want to discuss what I can and cannot prove for several reasons.

Thanks for the replies, I know to what extent I must go now.

dacouch

If you give more details we may be able to give you advice that is more accurate and bespoke to your situation

dano17439

BarryMarshall wrote: »

Like many others we didn't have insurance at the time. It is only now we are getting back on our feet after a long time of tightening our belts.

According to their current statement the water suddenly appeared on their kitchen floor.

I don't really want to discuss what I can and cannot prove for several reasons.

Thanks for the replies, I know to what extent I must go now.

So what do you think your neighbours reaction would be if you had flooded them and then they tried to claim off your non existing insurance?

You need to accept whats happened, stop trying to make a claim that's covering your inability to organise your own insurance, and then get on the various comparison sites to get your own policy to ensure you are prepared if the same situation happens again. Perhaps you can offset the hours fee your solicitor will charge you and buy insurance instead?

David_InsDef

dano17439 wrote: »

So what do you think your neighbours reaction would be if you had flooded them and then they tried to claim off your non existing insurance?

You need to accept whats happened, stop trying to make a claim that's covering your inability to organise your own insurance, and then get on the various comparison sites to get your own policy to ensure you are prepared if the same situation happens again. Perhaps you can offset the hours fee your solicitor will charge you and buy insurance instead?

To be fair to the OP, he has a right to feel aggrieved. Negligent neighbour or not, he's facing a situation not of his own making that is going to put him out of pocket. Nobody would appreciate that. Effectively telling him to learn his lesson doesn't really help him.

dano17439

David_InsDef wrote: »

To be fair to the OP, he has a right to feel aggrieved. Negligent neighbour or not, he's facing a situation not of his own making that is going to put him out of pocket. Nobody would appreciate that. Effectively telling him to learn his lesson doesn't really help him.

Having no insurance is a risk. The OP has chosen to take that risk and now it is backfired so he has to accept the consequences. Basic home insurance starts at what £50-£100ish a year? He stated that he has no insurance because of belt tightening, which is a valid point, but I wonder what he has spent £50-£100 in the past year which may of not been as important as home insurance?

lisyloo

he's facing a situation not of his own making that is going to put him out of pocket. Nobody would appreciate that

No, but it's life and stuff happens and it's the OPs responsibility to take care of his own property.
On human level we can sympathise but it's still his/her responsibility.

Of course if he knows something and has proof then there may be a case, but usually it's extremely difficult to prove what went on inside someone else's house.

glentoran99

people saying he should have been insured? who is to say they would pay up if the neighbour insurers wont then why would another?