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Insurance - Do we have a leg to stand on
edited 26 December 2022 at 10:05AM in Insurance & life assurance
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Someone turned it on, left it on and you went out.
I can't see the insurance company viewing it any other way.
I'm sure everyone sympathises with your situation, but the insurers are not in the sympathy business, and will take the view that you should have taken accidental damage cover.
More than say this https://www.morethan.com/home-insurance/guides/escape-of-water/ and Aviva say this https://www.aviva.co.uk/insurance/home-products/home-insurance/water-damage-protection/
Before I go out, I don't go checking for running taps, but if one was left on I would expect to see it or hear it. In this case only physically turning the tap would have revealed it was on. Insurers must know this but don't specifically exclude it as far as I know.
On the accidental position the insurer has taken, an insured peril can be caused by an accidental action. If a fire was accidentally left on overnight and caused a fire, I would expect the damage caused by the fire to be covered under the peril of fire regardless of whether AD was taken out.
Not trying to give the OP false hope, and whilst it would be nice if I was right, please feel free to correct me
The links you provided already explained what escape of water is, water getting out of a fixed system due to damage to the system. There was no damage to the OP's sink or tap, it was just accidentally left on causing the sink to overflow
All comes down to wordings so picking on Aviva as you did "Fire" is defined as:
Fire - Accidental combustion caused by an external heat source, such as a spark or candle.
By the policies explicit wording it covers accidental issues, this isnt the same for EoW
If the damage wasn't covered by my own insurance, I'd consider checking with my insurer's legal protection people to see if they thought the water company might have any liability. I suspect I'd end up having to deal with the cost myself, but no harm in asking.
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