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Subsidence claim - leaseholder, 20 months in, slow progress [advice requested]
shangrula
Posts: 3 Newbie
I own a garden / basement flat and it has had a subsidence claim due to shrinkage from neighbouring trees. Ongoing since Autumn 2018. The building is four stories, one flat per story. There are bay windows and these, along with some perimeter wall, are what's moved. We've had a loss adjuster appointed, bay windows propped since the start (with wood), soil core samples taken and then ten months of monitoring to determine with an arboriculturist that the local authority trees were the problem. They have reported this to the LA and they have given the loss adjuster authority to proceed with repairs because the LA have agreed to do more regular maintenance on these 'problem trees'. (side note: a win morally as they were going to remove them and they are rather nice, mature London Planes). In March 2020 we had a repair schedule from a building company appointed by the loss adjuster and this has gone to our insurer for approval.
I understand these claims are all unique, and take time. I am sure on reading this many who wait years with an endless-feeling claim would say that we are going at a good pace. However I just feel like there's more that can be done to help maintain momentum and to ensure the claim doesn't just drop to the bottom of the pile for all involved.
Subsidence claims might take years, not months, but why? I think it's about communications and keeping everyone going to the next goal. Not letting it drag. I know my claim would appear to be closing in on the actual 'fix it' stage and so I also wanted to ask anyone who's been here before for their advice? All I can do is ask the loss adjuster, usually monthly, for an update on the claim and any progress. All I get back is that they are 'awaiting instructions from the insurer' and it's been like that for the past five months.
Being a leaseholder doesn't help - but my freeholder has given me some vague power of communications with the loss adjuster, to help move the claim on and be sure we're doing all that we can to keep a pace on the claim.
Happy to add any more detail or clarify any points made. I just want to be sure I'm doing the right thing and that our monthly check-ins are all we can do. It's a very demotivating place to be, when you're whole life's investment is say in limbo with someone in an office determining the future
I understand these claims are all unique, and take time. I am sure on reading this many who wait years with an endless-feeling claim would say that we are going at a good pace. However I just feel like there's more that can be done to help maintain momentum and to ensure the claim doesn't just drop to the bottom of the pile for all involved.
Subsidence claims might take years, not months, but why? I think it's about communications and keeping everyone going to the next goal. Not letting it drag. I know my claim would appear to be closing in on the actual 'fix it' stage and so I also wanted to ask anyone who's been here before for their advice? All I can do is ask the loss adjuster, usually monthly, for an update on the claim and any progress. All I get back is that they are 'awaiting instructions from the insurer' and it's been like that for the past five months.
Being a leaseholder doesn't help - but my freeholder has given me some vague power of communications with the loss adjuster, to help move the claim on and be sure we're doing all that we can to keep a pace on the claim.
Happy to add any more detail or clarify any points made. I just want to be sure I'm doing the right thing and that our monthly check-ins are all we can do. It's a very demotivating place to be, when you're whole life's investment is say in limbo with someone in an office determining the future
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Comments
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I guess one thing to bear in mind - the Loss Adjuster works for the insurer, and looks after their interests.
You could hire your own experts to look after your interests (maybe a Loss Assessor) - and advise you on things like how long subsidence claims should take, and push the insurers, if they should be going faster.
Having said that, with a tree related subsidence claim, often the strategy is to deal with the trees (e.g. prune them or cut them down), then monitor the building for a long period of time to see if it moves any further, or whether the tree work has stabilised the building and solved the problem.1 -
Yes it is the Loss Adjusters that contribute to the delays, if one gets into the situation where one feels they have not done enough.
Many issues can arise.
Did they do enough trial pits around the property?
If multiple trees, did they check adequately which ones have caused the damage?
Have they addressed the Subsidence cracks that might be hidden?
Any disagreement with the Loss Adjusters over any issues like this, will take an age to sort out.
You basically have to generate the proof yourself, if acting alone, to get them to act.
And then there are the Councils, if it is recommended that trees have to be removed. They take ages too.
Good luck.
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Just to add.... the best advice I was given right at the start, was to take my own structural engineer, to help with any problems if necessary. At the moment I am 1000 pounds out of pocket for this, but they did help me to get tree removal and a crack investigated.0
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Just like you... August 2018, too. And still ongoing.
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Sorry....I keep thinking of bits to add. My Scope of Works was generated by the Loss Adjuster's Surveyor, who went round the property with the Repairs Contractor. I queried one main item that was not on there, so that led to a delay. I then had to come to a compromise solution on the issue. I presume the Loss Adjuster then successfully had that compromise accepted by the Insurer.
Could yours be being held up by Covid, with plaster not being available or staffing at the Insurance Company (Furloughs etc)?
Or is there an item that was asked for that is causing a sticking point. In my experience, any slight deviation from what the loss adjuster wanted will cause delays. But if you totally accept what the loss adjuster said by way of the repairs, then I think they would be glad to just get the case over with and finished.
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