Subsidence caused by neighbours drains

WarwickshireMum

Help!

I have been battling with my insurance company for a year now because a property I bought only a year ago is dropping on one side. The previous owners filed a claim for suspected subsidence but it was rejected. I then filed a claim but, again it was rejected. I then filed for "damage to underground services" and whilst the insurance company agreed to repair the drain they stated the damage to the property was "unrelated"

So I have a building with cracks and a dropped floor but the insurance company won't do anything...how can it be neither subsidence or damaged drains??? They informed me it was my responsibility to prove that there was damage related to the drains...so I employed an independent building surveyor.

He did my homebuyers survey a year ago so has pictures and reports to compare the property from a year ago to now...he has confirmed definite movement: the property has dropped, there are new crack, new signs of damage.

He also noted that the neighbour to the side of our house where the damage is; also has damage and a bad problem with drains/water/damp. He believes their faulty drains may be corroding our foundations and causing it to all subside! Lastly, as an experienced surveyor and loss adjuster, he knows one of the insurance company "specialists" who has continually blocked my claim and is concerned that he is making it his job to make sure I don't get awarded anything by the insurance company (as this was his previous role)

So my issues are these:
* How do I get my neighbours to investigate/repair their drains
* How do I get my insurance company to reengage and step-up
* How do I file a complaint about incompetency from my insurance company
* How do I hold the insurance company representative accountable for continually blocking my claims?

I'd really appreciate any help or advice from anyone who may have an opinion, insight or experience :money:

Mistral001

The definition of subsidence in insurance policies is usually a narrow one. More narrow than the meaning of the word in common usage. It is possible that you have a house where there is settlement of the foundations and not subsidence as defined in your insurance policy.

I would employ the services of a Structural Engineer (someone with MIStructE or FIStructE after their name) for proper independent advice on this.

Fire_Fox

Welcome to MSE.

Communicate with your neighbours about the problem and any expert findings, ideally in writing with a receipt from the Post Office.

Aside from that I am not clear on what grounds you are claiming against your buildings insurance for this problem. Your post seems to suggest you purchased a house that had active (not historic) movement, that you were claiming for soon after purchase. Did your surveyor miss something, or did you only have a basic mortgage report?

WarwickshireMum

So when we agreed to buy the house we conducted a full homebuyers survey and our buildings surveyor flagged up these problems...we took it back to the estate agents who informed us that the (previous) owners had filed a claim for suspected subsidence but that it had been rejected as historic movement. We agreed to buy the house on the condition that the insurance company continued to insure us as they had the full history of the property. After we moved in it was evident that the movement was not historic and although our insurance company (the same that was used by the previous owners) recommended monitoring and taking foundation samples they never did. 9 months later they rejected our claim based on one loss adjusters opinion from a 30 minute visual inspection. We were unsatisfied so started a new claim where subsidence wasn’t the main focus, instead damage to underground drains. The insurance company agreed to repair the drain but no damage to the property that the drains had caused! I was not happy and so here we are with me employing an independent building surveyor (the same guy who did my homebuyers report) and, as he has taken photos and conducted a report from a year ago he can clearly see with no speculation that the movement is current, not historic and the insurance company have been negligent in their lack of investigation.

stator

If you're not happy with an insurance company, you make a formal complaint and then escalate it to the FOS

1Taz

Have you sorted the problem out .I also have the same problem called the insurance out twice in 6 years said it has got worse but still historic. Paid for two serveys . My daughter is buying the house but needs to rent it out for a few years been told by insurance company they don't do landlord insurance if we look elsewhere they will cancel my insurance policy now .this property has been continually insured with this company for at least 37 years.