Insurance ripped out my carpet and now saying my insurance isn't valid

Abbie250196

We had a huge flood due to rain water on 10th September. We put a claim into our insurance with who then put us onto the claims provider (Trinity Claims). They sent out their First Response Team on the following Wednesday and immediately the assessors decided that the carpet needed to be removed and proceeded to tear to the carpets with a knife and tearing off skirting boards, at no point did they inform us the claim was not yet validated and if wasn't then the carpet wouldn't be replaced. We were told in writing by our claims handler that we could book temporary accommodation so we started to make arrangements. It was only when we spoke to another advisor in the absence of our handler who couldn't come to the phone for a full day, that the accommodation costs and carpet costs wouldn't be reimbursed until the claim was validated. We were then told today that when completed my insurance quote, I accidentally put some incorrect information regarding the roof (they are disputing that I put that it was a tile roof instead of a rubber tile roof and that it's more than 20% flat), they only discovered this from a Google maps search! Therefore the underwriters are deciding if my whole insurance is invalid! If it is, they won't replace the carpets they ripped up. Can someone please advise if they were wrong to rip up the carpets until they'd validated my claim. 

MorningcoffeeIV

If you had a 'huge flood', the carpets needed to come up ASAP in any case, so it's a moot point.

Plus they've prevented further problems and saved you a few quid.

la531983

Surely you weren't going to keep the carpets if you didn't have insurance?

Pick your battles, the carpet coming up isn't one of them. 

Abbie250196

In reply to the last two comments, we actually managed to release a lot of water, had an expert out on Monday to look and said there was a chance to salvage them with the correct equipment. When the insurer said they would remove them, we assumed they would replace them therefore seemed to be the less costly option

subjecttocontract

Seems to me that the insurers should not have taken up your carpet before they had accepted the claim. On that basis I think there is a chance that you could make a successful claim against them, at least for part payment/ contribution. I doubt you could expect full replacement costs. Age of the carpet will be a significant factor but sounds like an ideal small claims court opportunity.

TSx

subjecttocontract said:

Seems to me that the insurers should not have taken up your carpet before they had accepted the claim. On that basis I think there is a chance that you could make a successful claim against them, at least for part payment/ contribution. I doubt you could expect full replacement costs. Age of the carpet will be a significant factor but sounds like an ideal small claims court opportunity.

Before going down the small claims route, I would make a formal complaint to the Insurer and escalate to the Financial Ombudsman if required.

Two key advantages to this - the FOS are generally more consumer friendly than the courts (they consider if you've been treated fairly, not just what the legal position is) and if the FOS don't uphold your complaint you can still go to the courts. It's also free to do.

If you go to the court first, that's your only bite of the apple and you won't be able to then ask the FOS to review.

On the face of it I think you've got a good argument for at least some element of goodwill payment.

huckster

How did the rainwater enter your property ?  Did it enter due to the roof covering being rubber tiles and flat ?

You may want to send the Insurers a Data Protection Subject Access Request to get hold of all records.  If you bought the Insurance via a website, then you need to ask them for a copy of all information from the website where you requested the quote. This is to check that the questions and information regarding the construction of the property was clear for the consumer. 

DullGreyGuy

Imagine the response if your motor insurance refused to send anyone out to recover your vehicle after an accident until you've posted in your proof of NCD, V5 and copy of your driving license!

It's common for insurers to proceed with emergency actions to avoid further damage whilst coverage is validated. Insurers take the hit if they pay for recovery of a car or removal of flooded carpets etc and it turns out the policy is invalidated by customer fraud. 

Personally I would be less worried about the carpets, they almost certainly were better coming out (its easy for someone afterwards to say they could do a better job), and more concerned about if they are declining the claim or voiding the policy. The later certainly will have to be declared for life with most insurers and then most will decline to insure you in the future.