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sd54

We have a predicament and was wondering how we stand.  We changed our home insurance last year from admiral to Sainsbury's in Sept 2019. We had a letter from our neighbours solicitor in July of last year about flooding in their garden and that they think we are diverting underground springs.  Now  a year later we have had another letter from their solicitor. Sainsbury's won't assist because it started before we took the policy out with them.  Admiral wouldn't help us last year because the flooding started in 2002 (yes it's been a constant nag with our neighbours all this time). Can we go back to our insurers from 2002 (Hiscox) and ask for their help. We had legal protection  with them plus liability insurance.  Would they help us in this instance and pay out if needed on the liability side of things. Thank you and sorry for the long post.

jonesMUFCforever

Would the 6 year statute of limitation not come into force?
(Sorry I'm not a legal person and I don't know the answer).
How did you respond to last July's letter from their solicitor?
Any idea how you could be diverting spring water?

Sandtree

In some circumstances the law of limitations' clock starts ticking from the date of knowing rather than from the date of the incident.

It would be helpful to know a little more of the timeline and what they are alleging you have done? It sounds that they are accusing you of a deliberate act in which case insurance may not respond anyway unless it was a deliberate act with an accidental consequence. 

sd54

Because they have photos of water seepage from endvof last year the 6 year statute doesn't come into it. We replied to letter last year basically saying that we have never put pipework under our ground and into theirs, about 2 metres from the boundary. How they expect us to do that who knows. We have natural springs, our garden is totally impassable from end of Oct till March due to sodden ground. We just accept it. Our ground is higher then theirs and slopes down and towards their ground . Was hoping that previous insurer would help. 

Sandtree

Law of limitations could come into if they have been complaining since 2002 as you say.

At the end of the day have a conversation but they appear to be alleging a malicious act which your home insurance wouldn't ordinarily cover. If you have legal expenses cover there is a small chance it could respond but it is normally for acting as a claimant rather than defendant.