Insurance claim

FutureGirl

Your insurer is paying for the damage caused, which is correct. They won't pay for you to install DPC / tanking as you didn't have it initially, so you aren't entitled for the insurer to now pay for it. The insurers job is to put you back in the position you were in before the loss.

For the tiles, your policy would need to have matching items cover. If it had, they'd cover the undamaged, matching tiles. As it doesn't cover that, they won't pay for it. FOS guidelines are to offer 50% for undamaged tiles, which it seems the insurer is doing.

You can only reclaim costs back if the other party was negligent in some way. If the neighbour knew this could happen, and still did it anyway they may be held liable and your insurer will then go to their insurer. If your neighbour had no idea you had no DPC / tanking and had no idea this would happen then it's unlikely they'll recover their costings.

heatherunited

So the loss adjuster is correct that we have to pay £1100 to pay to tank the wall, even though 1st of all the neighbours actions caused our damp problems? I just don't understand that because the neighbour built the garden up against our property that we have to pay anything? Our loss adjuster said they would rip everything out to get to the bare wall, then we would have to pay £1110 to tank the wall, then the insurers put everything back, including rotting units (rear) and re-plaster everything, put some kind of tiles on the damp side but not even match the other side? We are not asking for a new kitchen, new carpets, new tiles, just for the insurance to pay for the damage and prevent it re occurring. How can we be made to pay anything when the next door neighbour built the garden against our wall causing the damage? I mean I can understand our insurers being a bit miffed as we are that someone could do this, but for us to pay £1100 for the tanking of the wall I don't understand. Our insurers even said and I have the email that work would probably be carried out, and to use their term, 'batted back' to next door neighbours insurance so our premiums wouldn't be affected. Could you please explain why we are made to pay for the tanking, as none of this was our fault in the 1st place, as we don't understand. Also he mentions nothing of re-homing/hotels for our tenants while the work is carried out which will be around 4 weeks, would we have to pay for this also? As for our neighbour he is consulting a professional about how to resolve the matter from his side (for which I am so grateful) but if anyone could explain why we are responsible for the internal tanking of our house we would be grateful thank you all so much

FutureGirl

As already stated, your insurance is there to pay the cost of dealing with the damage that has been caused by the incident. The damage being the dampness / water damage.

The tanking was not there before, so wasn't damaged, therefore the insurers will not pay for this to now be installed.

It is your responsibility as the home owner to prevent further damage occurring in the future (this will be a term and condition of the policy), not the insurers. Therefore this is why the cost of the tanking will fall to yourself.

Once the claim has been completed, the insurers will go to the neighbours home insurers to recover what they have paid out.

rs65

heatherunited wrote: »

Could you please explain why we are made to pay for the tanking, as none of this was our fault in the 1st place

I think you misunderstand what insurance is about. It covers you for what is stated in the policy - not for everything that isn't your fault.

If the neighbour resolves it from his side, do you need the tanking?

heatherunited

We didn't have tanking as I'm guessing not many houses have, initially the neighbour had a retaining wall, which whether or not he knew would cause damage knocked it down and built his garden up to it. So its up to us to pay for a hotel for the tenants too I'm guessing while the work is carried out? The insurance in short aren't really doing anything, ripping out units that they wont replace, they hack off the plaster, we pay for the tanking, the insurers replaster and put units back that are rotten at the rear? I suppose my point is due to negligence by my neighbour we are made to pay for the vast amount of money? I realise my neighbour probably never thought what he was doing would cause ££££ but everyone I have spoke to including damp specialists who have dealt with this many times all say that that simply is incorrect and they haven't seen it before from insurers, 3 independent damp proof specialists who I better not name to ask if this is correct. I count my blessings that my neighbour is very apologetic and ringing his builder tomorrow (he has spent upwards of 60k on improvements) so I'm in hope it will stop the damp from his side. I take it you have insurance background futuregirl and seen this before as like I say 3 independent companies haven't seen it, yes they had seen the 50% towards the tiles but never the prevention of the damp, which is the tanking. I am waiting for a response whether the company will rehouse my tenants for 4 weeks, but I'm somehow doubting it? As for carpets shrinking etc I suppose I've got little hope. Surely they cant put chipboard units where they are damp back in aswell? Has anyone else got any 1st hand knowledge of these matters, I'm not afraid of the truth, but what about next doors insurance I suppose its pointless thinking that they would pay for my damage?

rs65

Are you covered for temp accommodation for tenants?

Are you covered for carpets (contents)?

FutureGirl

Your insurance may pay for alternative accommodation costs for your tenants a) if your policy covers you for that, and b) if they need it whilst the insured works are going ahead. Also note that your tenants contents insurance may cover some of the accommodation costs.

I work in insurance. Claims specifically. Your insurers are correct in that they will not pay the cost of the tanking. Your damp specialist specialises in dampness, not in insurance so he/she wouldn't know what your policy does/doesn't cover. But it is a general insurance 'thing' that no matter whose fault it is, if You never had it before the insurer won't pay for it now.

Insurer won't pay for carpets as you have a buildings only policy.

Has your insurer said why they won't pay for the damaged kitchen units?

heatherunited

RS65 ty for your response, if my neighbour resolves it from his side no i wont need the tanking, so hopefully the insurers will rip everything out re-plaster and put things back just as futuregirl said exactly as they were, I would still need to rehome my tenants for a shorter period though, naturally I'm guessing my insurance wont pay anything of this. I wouldn't care about 50% of the tile costs, but would they but back bulging chipboard base units? I suppose I feel upset that I have done nothing wrong yet expected to pay money out when for 21 years the retaining wall did its job swimmingly.

rs65

heatherunited wrote: »

I would still need to rehome my tenants for a shorter period though, naturally I'm guessing my insurance wont pay anything of this.

Are you covered for this?

heatherunited

They have said that the water ingress wouldnt be severe enough to cause damage to the units, I showed him from the front where the back is popping out and he said this could be general wear and tear. If the neighbour does professionally waterproof his side, will my insurers still insist I tank the wall or will they remove everything re-plaster and replace, back to how it was before the damage?