Money Moral Dilemma: Should we pay for water damage caused by our machine?

George_Michael

scotsbob wrote: »

If it is out of warranty, can you prove you were you having it serviced on a regular basis?

Apart from checking the filters, there isn't normally any regular servicing needed for a dishwasher.

tallgirld

Yes you should pay........make life easier for your neighbours.

Ontheqt

Under the Consumer Protection Act 1987, where a consumer product causes damage to private property above a threshold of £275, it may be possible to file a claim directly against the manufacturer by the claimant. A solicitor should be consulted to see if a claim is possible and likely to succeed. Some solicitors give a free 30 minute consultation. A specialist may be found via the law society website.

Trading Standards Guy.

LinzBaker

The simple answer is no you shouldn't pay. Whilst you may feel that you should morally under insurance subrigation you have to be proven negligent and it is for the respective insurance companies to argue this.

The neighbour should claim against their own insurance and they will the pursue the third party insurer (yours) if they believe negligence can be proven.

If this is the first time that this had happened then likelihood is that it will not be pursued.

If this has occurred multiple times or the neighbour told you and you did nothing about it then the likelihood of a recovery is higher.

Just because the machine leaked without your knowledge doesn't make you negligent with regards insurance subrigation. If the neighbour doesn't have their own insurance then that is unfortunate but not your responsibility.

LinzBaker

Also under the principles of insurance the insured person would have tho have an insurance interest in the neighbours flat which they don't and is another reason they wouldn't just pay for the damage caused to the neighbours flat.

Ebenezer_Screwj

It's difficult to establish liability here, hopefully her insurance will pay out.

Cimscate

Ebenezer_Screwj wrote: »

It's difficult to establish liability here, hopefully her insurance will pay out.

It looks from reading the post as if her insurance may be paying out as the poster asks if she should pay their excess....
If that is the case I think I would pay it without admitting any liability in the spirit of good neighbourliness

ScottDH

The same happened to my wife and I last year, the flat upstairs washing machine had leaked through and caused extensive damage. Their landlord was all kind saying he would get de-humidifier and fans in to dry out our flat, the next day we got a phone call. He wasn't liable for the damage to our flat, no de-humidifier and no fan. Had to claim of off our own insurance with a substantial excess. In my opinion this is completely wrong as the problem wasn't ours.

stmartinsdiver

It is reasonable to assume that each flat owner should have their own insurance so you should not be liable for the accidental damage caused to her flat as long as the failure of your machine was not due to your negligence. She should claim on her insurance.
Having said that, it was your machine that caused the damage and your neighbour should not be out of pocket as it was certainly not their fault, so yes, offer to pay her excess.

YORKSHIRE_GUY

I would pay up out of common decency.