Home insurance claim dilemma

Vendee

My elderly mother in law was having some major plumbing work done in her second floor flat last week (Hot water tank, header tank and pump ripped out and replaced with instantaneous water heater). Several days after the work was carried out, she noticed the hall carpet adjacent to the heater was sopping wet. The water had also travelled down to the ground and first floor flats and caused damage.

The plumber who had done the work was still in the building carrying out work in other flats. He came up and and closed a draincock where the water was coming from but he said that he hadn't disturbed that draincock during his work. I'm 100% certain that he did. He would have to drain down the system before starting his work. I've been doing my own plumbing for 35 years and never known one of these system draincocks to start leaking on their own. The maintenance man for these sheltered flats shares my view and he says that the property management company for the flats will take legal against the plumber for damage to the communal area of the flats.

My mother in law wants to claim on her own insurance but there is a statutory £350 water escape excess and I don't know what her voluntary excess is. I think it would be cheaper for her to replace her hall carpet and the one in the flat below and not claim on her insurance but I do believe the plumber or his insurance should pay.

If my MiL goes through her own insurance and tells them that she thinks the plumber is at fault, will they act for her and claim against his insurance and if so, would they refund her excess? What would you advise in this situation?

Thanks.

Browntoa

Does she have free legal services with the insurance she can use

Quentin

Normally your excess is an uninsured item and would need her to pursue the plumber herself to reimburse her.

Her insurer would only deal with downstairs flat claim if she was considered liable due to negligence which looks unlikely.

She shouldn't be offering any recompense to the downstairs flat!

Vendee

Thanks to both of you. I don't know if she has legal cover on her policy. I'm hoping it does as apparently she's paying more for insurance on a one bedroom flat than we do on our three bedroom detached house. I'll find out tomorrow when I visit her and also hopefully speak to the plumber.

Sparx

Get his insurer's details and contact them directly? Make a 3rd party claim - no messing about with her own home insurance then and waiting to see if you get the excess back or not.

His insurance should take your claim, investigate and hopefully admit liability. If they do they will sort everything out. If they deny liability, then you will have to take legal advice and take the matter further yourselves or via her home insurance if possible.