Claiming off neighbours contents Insurance

paddyandstumpy

I still fail to see how the neighbour's contents insurer is in any way liable.

If the damage was caused by workmen, it is their PL policy which is liable.

uk1

paddyandstumpy wrote: »

If the damage was caused by workmen, it is their PL policy which is liable.

Which post stated that the workers had insurance?

Lucky131313

Do be honest all this advice is very confusing as I’m not sure what is good advise or bad. To add insult to injury as I had only moved house a few months before and I hadn’t transferred over my contents insurance, so I don’t have contents insurance.

So back to my original question which is what I really want to concentrate on here , can I claim from the neighbours contents insurance and if I did under what section ?

I really only want advise on this one question if possible please.

Thanks

uk1

The fact that you failed to buy insurance for your own property doesn’t change the advice you have already been given. Your neighbour’s content insurance doesn’t cover your contents. If you fancy your chances on a negligence claim then you need to talk to a solicitor. I’d give chances of much less than evens.

Good luck.

davidwatts

Lucky131313 wrote: »

So back to my original question which is what I really want to concentrate on here , can I claim from the neighbours contents insurance and if I did under what section ?

I really only want advise on this one question if possible please.

Thanks

All of which assumes they have Contents insurance in the first place! But, no you can't "claim off their insurance" because you're not party to the contract.

If they have Contents insurance it is likely to include a section along the lines of "your liability to third parties" or "family and occupiers' liability". If you notified them that you held them liable for the damage they would be obliged to inform their insurer of the potential claim, giving them the option to respond.

They are likely to be covered if held legally liable for the damage but I agree with the comment made by someone else that your chances in that respect are probably worse than 50/50.

Ideally, you should have had Contents insurance to claim off, leaving your insurer to decide whether or not to pursue a claim against your neighbour or the "rogue" tradesmen.

uk1

davidwatts wrote: »

All of which assumes they have Contents insurance in the first place! But, no you can't "claim off their insurance" because you're not party to the contract.

If they have Contents insurance it is likely to include a section along the lines of "your liability to third parties" or "family and occupiers' liability". If you notified them that you held them liable for the damage they would be obliged to inform their insurer of the potential claim, giving them the option to respond.

They are likely to be covered if held legally liable for the damage but I agree with the comment made by someone else that your chances in that respect are probably worse than 50/50.

Ideally, you should have had Contents insurance to claim off, leaving your insurer to decide whether or not to pursue a claim against your neighbour or the "rogue" tradesmen.

I agree.

Negligence is extremely difficult to prove particularly when you are pursuing the claim only because of your own negligence in failing to buy insurance. It makes the claim “sound” suspect. You need a solicitor so there is further financial risk.

Also, the problem “up the line” with this path, is that if the OP were successful in proving that the neighbour was negligent then the neighbours insurers then might tell their insured that they had an obligation under the policy to take reasonable care and not act “negligently” and refuse cover for the OP’s damage. So the OP then needs to get the neighbour to pay and pursue them. So success triggers further problems. People need to think ahead.

I am not saying that these are certainties just that they add to the uncertainties.

EdGasketTheSecond

Lucky131313 wrote: »

So back to my original question which is what I really want to concentrate on here , can I claim from the neighbours contents insurance and if I did under what section ?

I really only want advise on this one question if possible please.
Thanks

No, its not your insurance it is your neighbours so no way for you to claim off it. You claim directly off your neighbour and let them deal with it one way or another as per my previous post. If the neighbour decides to give you their insurance details and have reported the claim, you may be able to deal with their insurers BUT only in that circumstance.