Help, I've flooded my bathroom!

atinybrit

Just after some advice:

On Friday night I received a call from my partner. He left the bath running and fell asleep and as a result it overflowed and has flooded slightly. It has leaked downstairs through to my below neighbour's flat through a couple of light fittings. Our flat is pretty much unscathed apart from the damp smell.
We spoke to our property manager immediately and to my downstairs neighbours. The damage seems pretty minor and although the lights weren't working well at the time they seem to have everything sorted now.

I've now received the call out fee for a contractor to attend my neighbours flat on Friday night - as we are in the wrong I am more than happy to pay, might I add. But I may receive further costs in about a week if anything is damaged.

In short: what should I be paying for? Can I claim on my insurance? I don't want to leave my neighbours paying for anything as this isn't their fault. Any advice is appreciated!

Thank you

Slithery

You neighbours should claim on their insurance. That's what they have it for.

martinsurrey

Slithery wrote: »

You neighbours should claim on their insurance. That's what they have it for.

Unless it is caused by the upstairs flats (OP's) negligence.

Falling asleep while running a bath is negligent, OP's partner IS liable.

Pixie5740

martinsurrey wrote: »

Unless it is caused by the upstairs flats (OP's) negligence.

Falling asleep while running a bath is negligent, OP's partner IS liable.

Negligence is for the downstairs neighbour's insurer or the communal insurer to decide/prove. Although I agree that it is likely the OP's partner will be found to have been negligent in this instance.

Gilead

I would advise you check your home insurance policy details - this is a leak caused by negligence which in turned caused damage to a neighbours property. The neighbour should not have to claim on their policy (at least at the outset), they could claim against your insurance and if not successful could initiate proceedings against you (through legal protection on their own cover or by themselves).

I would bend over backwards to resolve it and not let it evolve into a dispute.

martinsurrey

Pixie5740 wrote: »

Negligence is for the downstairs neighbour's insurer or the communal insurer to decide/prove. Although I agree that it is likely the OP's partner will be found to have been negligent in this instance.

No, if OP wants to keep costs down it's better for them to get out in front of it, and to liaise with the downstairs as they go.

The insurance company is not a magic liability decider, ultimately the court will decide if OP wants to drag their heals, but if OP lets the owners insurers do everything, they will have no ability to try and keep costs down, they will just get a bill.

eddddy

As others say, letting a bath overflow is almost certainly negligent, so your partner is liable for the resulting damage.

Your contents insurance probably includes "Property Owner's Liability" cover - so you might be able to claim on that.

But you would have to pay the excess, plus 3 to 5 years of increased premiums - so it may not be worthwhile. And don't call your insurers unless you are sure that you want to make a claim. Otherwise it will be logged as 'an incident/loss'.

So find out what the total costs are likely to be.

FWIW, it's unlikely that the freeholder's block buildings insurance would cover damage caused by an overflowing bath.

[Deleted User]

If there isn't any plaster damage, the OP's partner could offer to use stain block paint and repaint the ceiling if there is just staining. Much cheaper option if the downstairs neighbour agrees.

moneyistooshorttomention

Slithery wrote: »

You neighbours should claim on their insurance. That's what they have it for.

It's nothing to do with them - it's prize wotsit's fault - so why should they have to. PW has caused them quite enough problems already.

OP is taking the correct moral stance on this - though, goodness knows, in her position I'd be reviewing (probably - again) whether to re-assess what to do re PW generally:cool:

Yep...this is the voice of someone that had a prize wotsit damaging someone else's property - and I dealt with it....it was my responsibility - as PW was on the scene because of me.

Pixie5740

moneyistooshorttomention wrote: »

It's nothing to do with them - it's prize wotsit's fault - so why should they have to. PW has caused them quite enough problems already.

...because that's generally how insurance works. If you ran your car into the back of mine I would still contact my insurer and not just rely on you and your insurer sorting things out.

However, since the OP and her prize wotsit are prepared to accept liability and cover the costs then it might not be an issue.

martinsurrey

Pixie5740 wrote: »

...because that's generally how insurance works. If you ran your car into the back of mine I would still contact my insurer and not just rely on you and your insurer sorting things out.

However, since the OP and her prize wotsit are prepared to accept liability and cover the costs then it might not be an issue.

You are using the example of an industry where insurance is a mandatory legal requirement, this is NOT one of those cases.

This is a tort law negligence claim, absolutely no reason to involve insurance UNLESS the claimant/defendant wants to.