Halifax insurance - never again

nickyjo1

I had a claim turned down by my Halifax home insurance for damage caused to my property from my neighbour's faulty chimney. I now have to go through a solicitor to claim for the damage and to get my neighbour to repair his chimney. I found the whole experience really stressful and as far as being protected by insurance - I may as well have had no insurance at all. Obviously, I will not be renewing my home insurance with the Halifax and I would like to know if all insurance companies work like this. I thought that at least the Halifax would have went through my neighbour's insurance to have things sorted out but to no avail.

paddyandstumpy

Home insurance works on insured perils; fire, flood, theft, escape of water etc.

Which one of those perils caused damage to your property?

nickyjo1

according to the surveyor for Halifax the damage is caused by water from my neighbour's chimney stack migrating into my attic, so I'd say it's escape of water but they refused the claim as they argue that it's my neighbour's chimney which has wear and tear and that he has to sort it out. Halifax have just closed the claim off. I have exhausted myself trying to fight my corner with them but they will not budge. This problem only started after 2 recent storms but they argue that it is wear and tear which lets them off the hook.

Rolandtheroadie

When you say neighbours chimney, is it 100% theirs? Or was it for both your houses at one time, but you no longer need/use it.

csgohan4

if it is your neighbour's, bring a claim against them and their insurers

nickyjo1

The chimney belongs to my neighbour but is above my attic. I have asked around and some advise wait until damage to ceiling etc., is done then sue in small claims court, or another option is to send a solicitors letter giving neighbour a specific time to do the work and state that I will sue for damage if he doe not. Has anyone had experience of any of these methods?

cajef

Insurance does not cover damage by negligence, if it was caused by lack of or poor maintenance by your neighbour then you need to claim off them.

nickyjo1

I have to do that through a solicitor

Rolandtheroadie

I had an incident a couple of years ago where something I done, caused damage to a neighbours property.
They had to claim on their own insurance, then their insurer would claim my insurance.
So going by that, Halifax should be paying for your repairs, then pursuing your neighbour.
As it turned out though, our neighbours insurer never pursued me (my insurer) as I hadn't been negligent. If I HAD been negligent, they would have.

tempus_fugit

Rolandtheroadie wrote: »

I had an incident a couple of years ago where something I done, caused damage to a neighbours property.
They had to claim on their own insurance, then their insurer would claim my insurance.
So going by that, Halifax should be paying for your repairs, then pursuing your neighbour.
As it turned out though, our neighbours insurer never pursued me (my insurer) as I hadn't been negligent. If I HAD been negligent, they would have.

Not necessarily. In your case the damage was obviously covered by the neighbour's policy. In that case they can claim from their own insurers and they would claim from you if you were deemed to have been negligent. If the damage is not covered under the neighbour's policy, however, then they would obviously not be able to claim under their policy, and could only get recompense from the negligent party by claiming against them for their negligence, if appropriate. They could possibly have their own insurers deal with the claim against the negligent party if they had legal expenses cover, but not everyone has that.

nickyjo1

The Halifax have refused to pair for repairs to my property or sue my neighbour. They argue that the damage is caused by wear and tear caused by my neighbour's chimney stack and it is ongoing. They state that their policy does not cover an event such as this and despite my many phone calls, emails etc., they have closed the claim, so I am left with my only option to go through a solicitor. To my knowledge my neighbour is insured but to date refuses to take any action as his house is not being affected by the leak. His chimney is above my attic.