Neighbour doesn't have insurance

edited 13 March at 12:55PM in In my home (includes DIY) MoneySaving
10 replies 851 views
B168B168 Forumite
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Hi looking for some advice. My flat had an uncapped pipe hidden in my wall cavity. A pipe got a blockage so water then found its way out through this pipe. It flooded the flat below. I've since had the plumbing fixed. My insurance said to have their insurance contact them to sort the claim out. I've since found out they don't have any insurance. What happens next?

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  • edited 13 March at 12:21PM
    victor2victor2 Forumite, Ambassador
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    edited 13 March at 12:21PM
    B168 said:
    Hi looking for some advice. My flat had an uncapped pipe hidden in my wall cavity. A pipe got a blockage so water then found its way out through this pipe. It flooded the flat below. I've since had the plumbing fixed. My insurance said to have their insurance contact them to sort the claim out. I've since found out they don't have any insurance. What happens next?
    Welcome to the forum!
    I think you'll have to pass your insurance and claim details to the person below and tell them to contact your insurers. 

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  • B168B168 Forumite
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    victor2 said:
    B168 said:
    Hi looking for some advice. My flat had an uncapped pipe hidden in my wall cavity. A pipe got a blockage so water then found its way out through this pipe. It flooded the flat below. I've since had the plumbing fixed. My insurance said to have their insurance contact them to sort the claim out. I've since found out they don't have any insurance. What happens next?
    Welcome to the forum!
    I think you'll have to pass your insurance and claim details to the person below and tell them to contact your insurers. 
    would the insurance deal with them if they don't have their own insurance?
  • DullGreyGuyDullGreyGuy Forumite
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    B168 said:
    victor2 said:
    B168 said:
    Hi looking for some advice. My flat had an uncapped pipe hidden in my wall cavity. A pipe got a blockage so water then found its way out through this pipe. It flooded the flat below. I've since had the plumbing fixed. My insurance said to have their insurance contact them to sort the claim out. I've since found out they don't have any insurance. What happens next?
    Welcome to the forum!
    I think you'll have to pass your insurance and claim details to the person below and tell them to contact your insurers. 
    would the insurance deal with them if they don't have their own insurance?
    Yes, but dealing with them may well be telling them to go away because you werent negligent - exactly the same that they'd have said to their insurers had the been insured other than their insurers may have made their own decision on negligence and so never approached.

    Given we are talking flats... is this a claim on the freeholder's building insurance (or are you in Scotland)? Or are you only considering contents damage?
  • davilowndavilown Forumite
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    Would your insurance company pay for any of the other flat’s repair? Assuming you didn’t know about the issue, they may expect the other insurance company pay.
    30th June 2021 completely debt free…. Downsized, reduced working hours and living the dream.
  • B168B168 Forumite
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    Im in Scotland.

    I didn’t know about the issue till I was told by below that water was leaking and the Plumber opened the wall up. Now I'm worried insurance won't deal with him as he's uninsured and ill have to pay out of pocket 
  • edited 13 March at 3:11PM
    lisyloolisyloo Forumite
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    edited 13 March at 3:11PM
    Insurance is different to liability.
    You probably aren't liable.

    They will have to prove you were negligent which is almost impossible (how could you know about a problem in your wall cavity?).
    It will be even harder for them to make a case against you personally than with the aid of their insurer but their insurer will know they are unfortunately liable for their own costs.
  • DullGreyGuyDullGreyGuy Forumite
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    B168 said:
    Im in Scotland.

    I didn’t know about the issue till I was told by below that water was leaking and the Plumber opened the wall up. Now I'm worried insurance won't deal with him as he's uninsured and ill have to pay out of pocket 
    If you have to pay then your insurance will deal with it. If you dont have to pay then your insurers will tell them to go away.

    You may decide you want to pay for them even though you dont have to but thats your own decision to make.
  • outtatuneouttatune Forumite
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    I don't know about how things like this work in Scotland, but in England & Wales you would only be liable for your neighbour's damage if you were negligent, which doesn't appear to be the case here. If the neighbour doesn't have insurance that's their problem, not yours.
  • B168B168 Forumite
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    Thanks for the replies everyone. I wish my insurance would pay and I'd just pay the excess but I think they've told him no. He's now threatening legal action
  • Ant555Ant555 Forumite
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    B168 said:
    He's now threatening legal action
    If you have legal cover with your home insurance then your policy may be called into action once again and defend you.
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