Insurer refusing to accept a claim

Okrib

Looking for some advice here:

I live in a period conversion. The flat above had a major leak in their kitchen, caused by the tenants running the dishwasher twice when they knew the kitchen pipes were blocked. The water came into my flat and caused significant damage to ceiling, walls and electrics. The cause and source of the damage are not in doubt.

I was unaware at the time that I did not have buildings insurance for my specific flat (since remedied), however the insurer of the flat above is refusing the accept any claim unless it comes through an insurance company. Can they do this?

I have reports from a builder about the damage that was caused, photographic evidence both from myself and the builder, and invoice / receipt for the cost of repairing the damage, as well as corresponding evidence about the tenants having a blocked sink and calling emergency plumbers to fix it.

As it stands, I am out of pocket and the insurer is refusing to deal with a claim.

Any advice greatly appreciated.

EdGasket

You will have to sue the owner or the tennants of the flat above (not sure which) and if they are insured their insurer will pay otherwise they will have to pay if not insured.

[Deleted User]

How much will it cost to rectify the damage? Might be able to use Small Claims Court.

Quentin

If they called in an emergency plumber then it looks like they did what they could on discovering the problem.


In order to get them to pay (or their insurer) then you would have to prove they were negligent over this issue.


If you cannot prove that, then its down to you to pay for your repairs

Okrib

Thanks for the replies. It looks like the small claims court is the way to go. Total cost was just over £2,000.

The sink was blocked on the Saturday, they ran the dishwasher twice on the Sunday knowing the sink was blocked, plumber arrived Sunday night.

The flat above does have escape of water insurance.

Quentin

Okrib wrote: »

Thanks for the replies. It looks like the small claims court is the way to go. Total cost was just over £2,000.

The sink was blocked on the Saturday, they ran the dishwasher twice on the Sunday knowing the sink was blocked, plumber arrived Sunday night.

The flat above does have escape of water insurance.

If you go down the legal route, then (assuming they want to defend it), the defence will be handled by their insurer, and you will need to prove they were negligent.


(Their escape of water insurance is for their property, not yours!)

Okrib

Quentin wrote: »

If you go down the legal route, then (assuming they want to defend it), the defence will be handled by their insurer, and you will need to prove they were negligent.


(Their escape of water insurance is for their property, not yours!)

Would running a dishwasher twice with the known issue of a blocked pipe in the kitchen not be negligence?

I'm a little confused, because this is surely not something I would ever claim from my insurer as I was not at fault for it? There was no issue with my property, and nothing I did to cause it.

Quentin

It doesn't work like that.

(Eg if you live in a semi and come home to find it burnt to the ground following a fire which started in your adjoining property - for which you were totally blameless - then (unless it started due to the proven neighbours negligence) you would have to use your own insurance if you had any or pay yourself to replace your contents and property

So in your case get legal advice on your chances of winning before you commence legal proceedings

EdGasket

Quentin wrote: »

It doesn't work like that.

(Eg if you live in a semi and come home to find it burnt to the ground following a fire which started in your adjoining property - foe which you were totally blameless - then (unless it started due to the proven neighbours negligence) you would have to use your own insurance if you had any or pay yourself to replace your contents and property

So in your case get legal advice on your chances of winning before you commence legal proceedings

That's not what happened when I had a fire; my neighbour claimed for their damage off my contents insurance.

Jlo31

EdGasket wrote: »

That's not what happened when I had a fire; my neighbour claimed for their damage off my contents insurance.

Interesting. Was it their insurance company that claimed the costs back from your insurer or your neighbour directly from your liability insurance?

EdGasket

Jlo31 wrote: »

Interesting. Was it their insurance company that claimed the costs back from your insurer or your neighbour directly from your liability insurance?

I believe it was their insurer and it was definitely from my liability insurance.