insurance claim help

Redewood

I have purchased a flat which had damage to the roof in the kitchen from the upstairs flat.  I went ahead with the sale with the plan to claim from the upstairs flats insurance.  I now own the flat and the insurance company from upstairs states that the claim is with the previous owner as the damage was done when they owned the flat and they won't pay out to me even though the have seen and assessed the damage and can see its damage from the upstairs flats leak. I have insurance however my insurance states the damage occurred before I took out their insurance.

What can I do

[Deleted User]

Redewood said:

 I have insurance however my insurance states the damage occurred before I took out their insurance.

That's to be expected, you can't insure against something that's already happened.  You shouldn't really be trying to claim on someone else's insurance policy, so not to "claim from the upstairs flats insurance".  What should have happened is that the previous owner would have claimed from their insurer, who would then have recovered the money from upstairs' insurer.

What you've actually done is bought damaged property, hoping that someone else would pay you to fix it.

Comms69

Redewood said:

I have purchased a flat which had damage to the roof in the kitchen from the upstairs flat.  I went ahead with the sale with the plan to claim from the upstairs flats insurance.  I now own the flat and the insurance company from upstairs states that the claim is with the previous owner as the damage was done when they owned the flat and they won't pay out to me even though the have seen and assessed the damage and can see its damage from the upstairs flats leak. I have insurance however my insurance states the damage occurred before I took out their insurance.

What can I do

Pay professional to come and fix your ceiling. You never had any right to a claim on this. 

eddddy

What the insurance companies have said seems correct.

You mention your own insurance. Just to check - is the flat in England/Wales and is it leasehold?  If so, does your lease require you to arrange buildings insurance? Usually with flats, the freeholder arranges buildings insurance.

ElizabethRose

Why did the old owner not claim when they had the chance? It's strange that they didn't to be honest. Like others have said you won't be successful against either instant company as the event predated your ownership. 

MEM62

ElizabethRose said:

Why did the old owner not claim when they had the chance? It's strange that they didn't to be honest. Like others have said you won't be successful against either instant company as the event predated your ownership. 

It is quite possible that they have and that they have pocketed the money.  The OP's mistake was in the assumption that they could claim for an event that took place before they had an interest in the property.  Quite where that thought would come from is a mystery to me.   

eddddy

ElizabethRose said:

Why did the old owner not claim when they had the chance? It's strange that they didn't to be honest. 

I think there are too many unknowns to guess at what happened and why.

The upstairs owner (and/or their insurers) would only be liable if the upstairs owner was negligent.

Or there might have been the option of claiming from the building insurers. If it's a leasehold flat (i.e. in England/Wales), it's likely to be the freeholder's buildings insurance policy.  They typically have high excesses - maybe £300+. And future premiums would increase.

The repair costs might be less than the excess - so no point in claiming.