Subsidence excess

Webbo154

Hi, I have put in a claim on my home insurance for subsidence to my detached garage. After six months of surveys and site investigations it has been decided my neighbours trees are to blame. I would imagine that in this case I claim on my neighbours policy as I would if it was a car accident were the 3rd party was to blame, yet the timetable I've been given, seems to indicate that I will pay the excess and claim on my policy. Anyone have any experience of this or knowledge of how it works. Previously when I have rang my insurer they advise me to speak to the company dealing with my claim and vice versa when I speak to them.

Smithcom

Webbo154 said:

Hi, I have put in a claim on my home insurance for subsidence to my detached garage. After six months of surveys and site investigations it has been decided my neighbours trees are to blame. I would imagine that in this case I claim on my neighbours policy as I would if it was a car accident were the 3rd party was to blame, yet the timetable I've been given, seems to indicate that I will pay the excess and claim on my policy. Anyone have any experience of this or knowledge of how it works. Previously when I have rang my insurer they advise me to speak to the company dealing with my claim and vice versa when I speak to them.

That's not how Tort (Common Law) works.  Generally, negligence has to be established against a 3rd party, before you can hold them liable for damage/injury.

Therefore, unless you can establish that they have been negligent (i.e that they were aware of their tree causing damage, but ignored it), it is really unlikely that you will be able to recover your costs from your neighbour.

That being the case, claiming on your own home insurance will be the only option for you.

SC

Aretnap

You can't claim on your neighbour's policy - it's his policy not yours and the only person who can make a claim on it is your neighbour.

If you want to try the procedure would be that you inform your neighbour that you are holding him liable personally, and he decides whether to involve his insurers or not. Assuming he does they will either negotiate a settlement with you on his behalf, or send an expensive lawyer to tell you to go away on his behalf. As above you will need to show negligence or some other tort on the part of your neighbour to have any chance of claiming successfully - the mere fact that his tree is causing the subsidence doesn't in itself make him personally liable for it.

By far the best option is to claim on your own policy. If you still think your neighbour is liable you can still try to claim your excess from him. If your own policy comes with legal cover you should be able to get advice from there on your chances of success, and how to go about it.

DullGreyGuy

Webbo154 said:

Hi, I have put in a claim on my home insurance for subsidence to my detached garage. After six months of surveys and site investigations it has been decided my neighbours trees are to blame. I would imagine that in this case I claim on my neighbours policy as I would if it was a car accident were the 3rd party was to blame, yet the timetable I've been given, seems to indicate that I will pay the excess and claim on my policy. Anyone have any experience of this or knowledge of how it works. Previously when I have rang my insurer they advise me to speak to the company dealing with my claim and vice versa when I speak to them.

Continue the claim on your own policy, if they think you have a snowballs chance in hell of recovering from the neighbour/their insurance then they will attempt that after settling your claim. 

Its very rare to be able to claim that someone knew that their trees would cause damage and the cases that do succeed are often against councils (who are held to a higher standard than ordinary folk), people who actually planted the trees (rather than just bought a property with trees already in situ) and are the worst offending trees only feet from the neighbours property.