I need help with my flooding and my neighbours demands for money

ThisIsWeird

Hi Sabbir.

You said the right thing to your neighbour. On no account concede anything, or offer any monies.

"What should I say to my neighbour.

Should I ask him why his insurance is not paying?

Should I tell him to go to the insurance ombudsman?

Even though it was an accident should I offer him some money ? Say between £500 to £1500 for goodwill and to leave me alone?

Or should I be cold and say it was an accident and not my fault and I am not paying him any money?"

None of these. Don't ask anything, don't suggest the next steps, do now't. Just tell him that the 'correct thing' for him to do is to inform his insurance company. Any unhelpful reply from him to that - "But what about...?!!!", you reiterate, "The correct thing to do is to inform your insurance company..."

If he moans about costs already accrued or anything else, just lift your hands and shrug - "That's why you should always do the correct thing - and that is..."

You are not going to do anything else, 'because it wouldn't be the correct thing to do'. If he argues that it is, then you ask him to show you the guidance that suggests he is correct. He'll fail.

You are following the correct process - he is not. You are not going to get involved in any process that has not been carried out correctly. By all means express your regret over the mess you both find yourselves in, but reiterate that it was not your fault, and this has been accepted by your insurance co. (Yup - that's some result there!)

Yes, you should inform your insurance co about the neighb too - as you seemingly have done - but then let them get on with it.

GDB2222

Sabbir said:

Thank you GDB2222, when I asked for the loss adjusters advice he told me my neighbour should deal with his insurance, I must admit I am afraid of pushing the loss adjuster to deal with my neighbour , because the loss adjuster did not say my insurance will deal with  my neighbour. My policy does not say I have I have liability added on.

Generally, liability cover is included as part of the standard insurance. It's not an add-on.

TBagpuss

You need to send your neighbour's letter to your insurance company (probably not the loss adjuster, it's likely to be a different department, phone them up and ask them who/where to send them) Basically, you need to notify them that your neighbour is seeking to make a claim.

You can say to your neighbour that he will need to make a claim on his own insurance - if you then receive anything from his insurance then you would pass that to your insurance company.  

If you are worried about the relationship - I suspect that if you speak to your insurance company they will tell you to pass everything to them and not to negotiate with him direct, in which case you can say to him that your insurance company has told you not to correspond with him directly so can he go via his insurers.

Unfortunately, you may well still end up with the relationship souring - he's going to wind up paying his excess and probably having higher premiums (as are you) 

warwick2001

TBagpuss said:

You need to send your neighbour's letter to your insurance company (probably not the loss adjuster, it's likely to be a different department, phone them up and ask them who/where to send them) Basically, you need to notify them that your neighbour is seeking to make a claim.

You can say to your neighbour that he will need to make a claim on his own insurance - if you then receive anything from his insurance then you would pass that to your insurance company.  

If you are worried about the relationship - I suspect that if you speak to your insurance company they will tell you to pass everything to them and not to negotiate with him direct, in which case you can say to him that your insurance company has told you not to correspond with him directly so can he go via his insurers.

Unfortunately, you may well still end up with the relationship souring - he's going to wind up paying his excess and probably having higher premiums (as are you) 

Especially considering he was blameless in this situation, sucks to be him!

ThisIsWeird

warwick2001 said:

TBagpuss said:

You need to send your neighbour's letter to your insurance company (probably not the loss adjuster, it's likely to be a different department, phone them up and ask them who/where to send them) Basically, you need to notify them that your neighbour is seeking to make a claim.

You can say to your neighbour that he will need to make a claim on his own insurance - if you then receive anything from his insurance then you would pass that to your insurance company.  

If you are worried about the relationship - I suspect that if you speak to your insurance company they will tell you to pass everything to them and not to negotiate with him direct, in which case you can say to him that your insurance company has told you not to correspond with him directly so can he go via his insurers.

Unfortunately, you may well still end up with the relationship souring - he's going to wind up paying his excess and probably having higher premiums (as are you) 

Especially considering he was blameless in this situation, sucks to be him!

That's the way the cookie crumbles. Similar to the pretty common situation seen on here where it's a block of flats, where a (no-fault) leak from upstairs brings your ceiling down. The building's insurance should cover the damaged fabric, but for anything else spoiled in your flat you'll need to claim off your own content's policy.

Should the 'leaking' owner pay out from their own pocket in either case? Obviously not - they weren't at fault. Should their insurance co. pay out for the other property? Maybe yes, maybe no - but that's for them to sort out.

Gavin83

I actually disagree with some of the others here, I think you were negligent. Were I the neighbour and were there no other avenues available I’d be taking legal action against you.

However I think your insurance company should be dealing with this regardless. I’d speak to them again and pass their details onto your neighbour.

Unfortunately regardless of what happens the relations with the neighbour are likely soured anyway.

Sabbir

Thank you Tbagpus for the suggestion to send it to my insurance company and not the loss adjuster. 

jonnydeppiwish!

Gavin83 said:

I actually disagree with some of the others here, I think you were negligent. Were I the neighbour and were there no other avenues available I’d be taking legal action against you.

However I think your insurance company should be dealing with this regardless. I’d speak to them again and pass their details onto your neighbour.

Unfortunately regardless of what happens the relations with the neighbour are likely soured anyway.

Thankfully that’s what insurance is for but how have they been negligent? The ball !!!!!! stuck, tank overflowed. As long as the Op had insurance cover for a prolonged period then he has done nothing wrong.

As for the neighbour, pass anything to your insurance company and let them deal with it. It’s quite likely they’ll tell him to claim off his own (if he had it).

Edi81

Was the house unoccupied for the 76 days? Your insurance may not be valid if they did not know. 

Sabbir

Thank you Jonnydepp and Edi81, I paid an extra premium to be away for 76 days