Insurance Dispute With Washing Machine Installer

pennypincher3562

A number of months back I had a new washing machine installed by a major online appliance retailer.

Not long after the installation, the washing machine started to leak; the first sign of this leak was water bubbling up from under the tiled floor in the immediate vicinity of the machine.

The wooden block that the machine was sitting on was so saturated that, the appliance had actually sunk into it. I got the leaking machine replaced by them. However a couple of months later I noticed that the tile grout in the water affected area has started to crack, and some have tiles have come loose.

I lodged an insurance claim, for the tiled floor to be repaired, however the washing machine installer has rejected my claim saying that they need evidence that the damage to the tiled floor, actually came from the washing machine!?

How do you actually prove the above? The only way I can think of is to have a video camera running as the leak actually occurred (impossible of course.)

I plan to launch an appeal, and have requested copies of the written reports lodged by the washing machine installers who witnessed the extent of the water damage first hand. Can I legally demand these written reports to back up my appeal?

Thanks.

Quentin

Are you making an insurance claim or claiming off the manufacturer?


Who has "rejected" your claim?

pennypincher3562

Quentin wrote: »

Are you making an insurance claim or claiming off the manufacturer?


Who has "rejected" your claim?

An insurance claim was made through the insurers of the washing machine installer, and they are the people who rejected the claim on the grounds of 'not enough evidence.'

Quentin

Why did you claim off their insurance company?


Now they have refused to accept liability, your alternative is to take legal action against whoever you hold liable or claim off your own insurance.


(If you opt for legal action do get proper legal advice before commencing - you have to pay all court fees up front and don't get them back unless you win)

lisyloo

I would ask the insurers what they require.
I would expect a report may be required form a professional to say in their opinion the damage was caused by the leak having made an examination.

I’d be asking them would they accept a professional report and do they pay the costs and of so what the limit of the payment?
I’d want it in email that they will pay.

molerat

I assume you mean you are dealing with the washing machine retailer as I cannot see where a leak that required the machine being replaced had anything to do with the installer ....... or am I missing something ?

pennypincher3562

Thanks for the replies.

@Molerat. I am seeking compensation from the washing machine retailer who installed it. They replaced the washing machine, but to this day have not told me if it was a) Due to being incorrectly installed, or b) Due to a faulty machine.

@Quentin. I tried to get compensation from the washing machine installer, as in my opinion they were responsible for the damage caused. They have admitted partial liability as they totally replaced the washing machine free of charge, but at present won't accept responsibility for damage to the tiled floor.

I doubt I will be taking legal action against them, due to the cost involved, but will look into claiming on my own insurance.

@Lisyloo. The insurers were rather vague about precisely what they want. I asked them today, and they said something along the lines of 'we want evidence that the leakage from the washing machine was indeed actually responsible for the damage to to the tiles.'

A surveyor (employed by the insurers) has already seen the damage, and I am thinking surely that he would have had a professional opinion on whether or not the damage he witnessed to the tiles, was from the washing machine leaking? Do I have any rights to demand to see the surveyors report?

Installers from the washing machine company also witnessed the extent of the leak, and the fact that the washing machine had sunk into the wooden platform below it (as a result of the water.) I am currently trying to get the washing machine company to send me the written report filed by the installer who witnessed the leak, but don't know if they have any legal obligation to give it to me.

Quentin

They don't have any legal requirement to supply you with the reports they commissioned

Your insurer may send a surveyor to investigate and report back to them

lisyloo

Do you have legal insurance either on your household insurance or standalone (I have it a stand-alone for £12.99).

Why do you think legal action is costly? The small claims court is meant to be low cost.

I see your options as

Write a letter asking about the surveyors and installers observations. I think they are trying to fob you off. You come across as articulate and Ive have good results from making articulate responses to those kind of attempts. It’s possible whoever is dealing with this is not aware of either of those observations/reports. I think I would follow this up in the first instant.

You could also make a subject access request (free under Gdpr) to get all the details on your account. I used to be cynical that about this, but compliance and data protection people are seperate departments and their job is compliance so there’s a chance you might get something useful. I’ve been handed black and white written evidence of a manufacturing fault previously which achieved 3 large rooms worth of new laminate flooring. It’s worth a letter/request IMO.

You could also send a letter before action (small claims) or use your own insurer to sort it out (with excess, loss of no claims and increases in premiums). Depending on the cost they may not consider it worth chasing the 3rd party so you lose out for a “fault” claim (doesn’t mean fault just means no one else paid).

In your position I’d try arguing first and subject access request (SAR).

If you have a legal helpline on your home insurance then call them.
If you don’t have it then you might want to consider an annual policy for £12.99. The advantage of stand alone ones is that they can deal with your home insurer as well, which an add-on won’t do.

pennypincher3562

Thanks for the various replies. I have been in touch with the claims department and requested all documentation to do with my case under GDPR regulations.

I feel that I really need the above information in order to form a decent appeal. Without seeing what the surveyor, and installer wrote (both of whom witnessed the damage,) I feel that I am working 'half in the dark.'

Supposedly you only get one chance at an appeal!