Floor damaged due to plumbing leak - manufacturer has passed on to commercial liability insurance

JohnTravoltage

My water filter sprang a leak within about 3 months of installation, and flooded the kitchen. Fortunately we were at home and were able to turn off the mains in a couple of minutes, but not before there was an inch of water on the floor. We mopped the water out in about 15-20 mins, but over the next few days noticed paint peeling off the ceiling in the bedroom downstairs, and kitchen cabinet doors warping. 

The manufacturer sent over a supervisor to come in and take pictures and write up a report. He said the installation seems to have been faulty and that they would have the system re-installed. 

They then told us they have passed on the case to their commercial liability insurer and the issue is between the insurer and ourselves. 

It's been months now and the insurer is not responding, and the manufacturer refuses to discuss this. 

The damage is fortunately not as bad as it might have been, but I'm understandably upset that the manufacturer is attempting to shrug off responsibility here. 

I didn't get a copy of the report the supervisor made, and also missed taking my own pictures of the flooded kitchen (all my attention was obviously on getting the water out and floor dry ASAP). I don't even know what they have told the insurer. For all I know they might have said it was something I caused. 

What are my rights here and how should I proceed? Complaint to trading standards against manufacturer? Complaint to FOS against insurer? 

HillStreetBlues

Forget the FOS  it's not your insurer so won't deal with it.
Did you buy from manufacturer?

user1977

Whether or not the manufacturer has insurance is their issue - your rights are legally, against the manufacturer. If you're not getting anywhere then a letter before claim to the manufacturer and then court action (either of which will in practice be handled by the insurers).

JohnTravoltage

HillStreetBlues said:

Forget the FOS  it's not your insurer so won't deal with it.
Did you buy from manufacturer?

Yes, bought direct from manufacturer, and installed by them too

JohnTravoltage

user1977 said:

Whether or not the manufacturer has insurance is their issue - your rights are legally, against the manufacturer. If you're not getting anywhere then a letter before claim to the manufacturer and then court action (either of which will in practice be handled by the insurers).

Great, let me try sending an email to this effect to the manufacturer and see if that focuses minds

HillStreetBlues

JohnTravoltage said:

HillStreetBlues said:

Forget the FOS  it's not your insurer so won't deal with it.
Did you buy from manufacturer?

Yes, bought direct from manufacturer, and installed by them too

You want to make it clear that you will expect them as the seller (although they're are the same in this case it's as the seller that you have the contract with) to deal with their own insurers. What they do have ./ do not have insured has nothing to do with you.

DullGreyGuy

HillStreetBlues said:

JohnTravoltage said:

HillStreetBlues said:

Forget the FOS  it's not your insurer so won't deal with it.
Did you buy from manufacturer?

Yes, bought direct from manufacturer, and installed by them too

You want to make it clear that you will expect them as the seller (although they're are the same in this case it's as the seller that you have the contract with) to deal with their own insurers. What they do have ./ do not have insured has nothing to do with you.

Has nothing to do with the OP but will just create delay if they decide to only communicate with the seller who'll then follow their insurer's instruction and forward it to them unanswered. No harm in doing it but adds a couple of days potentially to each exchange. 

JohnTravoltage said:

user1977 said:

Whether or not the manufacturer has insurance is their issue - your rights are legally, against the manufacturer. If you're not getting anywhere then a letter before claim to the manufacturer and then court action (either of which will in practice be handled by the insurers).

Great, let me try sending an email to this effect to the manufacturer and see if that focuses minds

Are you actually in a position to follow up on the threats? Has the work been done to make good the damage to know how much you are claiming for? Do you at least have fixed price quotes/pro-forma invoices if you've not had it repaired yet?

You sound like the boy that called wolf if you threaten issuing in 14 days and then don't follow through because you've still no idea of the cost of repairs or if more damage will be found after the first layer is removed. 

If you are yet to get quotes, remember you are only entitled to indemnity not "new for old" nor "matching set" so if two kitchen cabinets are damaged you cannot claim for a whole new kitchen.