House insurance claim advice

lotty1984

Good afternoon,

I’m really hoping someone can help please. 

We own our house (freehold) which has a carport. The carport is underneath a coach house. The carport is therefore leased to us on a 999 year lease. 

Last year someone set a fire in the carport destroying our car etc and also causing damage to the carport and the coach house above. 

Our insurance have paid out for the content damage but have said as it’s a  lease hold they are not responsible to cover the structural repairs to the actual carport. And they think the original building developers are responsible .

The coach house insurers have also said it’s not for them to cover. 

Basically they have all washed their hands of it and 5 months later we are still left with a burnt out carport we can’t use.

 Is anyone able to advise on what we should do please? So grateful for any help.

davidmcn

Sorry, who are "the coach house insurers" and why do they think they're not liable? I'd expect the freeholder of the coach house (whoever that is - is it still the original developers?) to be responsible for arranging buildings insurance, and that would cover damage to the structure including your carport.

lotty1984

So the insurance company so the coach house (sorry I don’t know which company they are as my husband has been dealing with them) just turned round and said ‘no’ that they will cover the fire damage to the actual coach house above but they are not responsible for the carports underneath!

i don’t know how we’re meant to prove who should be covering/paying for these repairs. Everyone we speak to just says it’s not them

lotty1984

This isn’t for our house (s as we can’t find ours!) but is the same/very similar

tacpot12

The document you have posted confirms that the Coach House Owner is responsible for all the garages and carports under the coach house. 

However, the document you have posted doesn't relate to your property. You really need the lease for the carport, which should identify who you are leasing the carport from. The Coach House Owner would seem to be liable, but if they have not told their insurers that they are covering the garages and carports underneath the Coach House, the Coach House Insurer probably isn't liable. Under the circumstances you should be able to get legal advice from your insurers (providing you have legal expenses cover) as they definitely aren't liable.

If you haven't got legal expenses cover, you will need a solicitor. Ultimately, the cost of establishing liability could be well spent in the event of any future problem with the car port.