Damaged caused during insurance claim works

tallac

Short version:
Insurance and trades company did some damage rectification work. They promised multiple times written and verbal that any additional damage they caused would be added to the schedule costs of the insurance and made good by them. Some accidental damage was caused during works. It's been acknowedge written and verbal by insurance and trades company and the sub-contractor responsible. I also have video and photo evidence. The insurance and trades company are now refusing responsibility and telling me I have to directly claim through the sub-contractors insurance which would be a completely separate claim.

Insurance and trades company seem like they've washed their hands with it due to the costs involved with the making good and now making me fend for myself dealing with the sub-contractors insurance. I have escalated to managers and both companies and there's no movement on this.

Does this seem right? Should I go through the sub-contractors insurance or should I seek legal representation for the insurance/trades company to make it good as they promised?

Longer version with detail:
I had quite a lot of water damage at home so I went through the insurance to get it all sorted. The insurance had arranged specialist team to do all of the works. Due to the extent of the works, they would have exclusive access to the property and I would need to make alternative accommodation arrangements during the works.

Before I gave the green light, I emailed asking the insurance company a lot of questions one of which: what if the fixing company doing the work causes any damage? I was told in their email reply that any damage caused during the works by the company would mean the costs of the damage will be added to the schedule and it would be made good. This was repeated a number of times in writing and verbally before any works started.

During the works, I noticed that extensive careless (but non-intentional) damage was caused by a vehicle of one of the sub-contractors. The damage was to the exterior front of the house. I reported this damage as soon as I noticed and I was reassured by the trades company that it would be made good. I was also told by the insurance company that the trades company would have to make it good and it would not be closed off until I was happy.

During the works, the sub-contractor made several unsuccessful attempts to make good the damage but none resolved the issue. After the main work was completed, I followed up on the promise to make the damage good. I was reasurred by both the insurance and trades company that it would be made good. The trades company even scheduled a specialist company to fix the work. However the scheduled date was postponed and then cancelled, this repeated a few times. After a few more months of delay and chasing up, I was then told that the sub-contractor was claiming against their insurance. I was told that I would need to liaise with that insurance company and open a completely new claim. I was then told that neither the insurance company nor the trades company could or would do anything more and they would not take ultimate responsibility for the damage.

I feel I have been pushed against my wishes to go with the sub-contractors insurance because it would make things simpler for my insurance and the trades company.

The problem with going down the route with the sub-contractor insurance is that I would now need to get quotes from multiple companies for the damage rectification, I would have to submit a whole tone of evidence and paperwork and it would be a whole load more delay, hassle and paperwork. All the responsibility of proving the exact condition of the driveway and every possible aspect of the damage would be on me to prove. I have video and photo evidence and admission from both companies of the fault of the sub-contractor but there's still the possibility of insurance company worming their way out of it or not making things good.

Ultimately, I was reassured that any damage caused by the insurance/trades company would be put right but they have walked back from that. Them sorting this out should have been hassle free and minimal admin for me but going through a whole another insurance claim ordeal is exhausting.

I feel like I'm being taken for a ride. Am I protected in anyway legally? What is my best course forward? If I try to go with the sub-contractor insurance and it turns into a huge big mess where nothing comes of it then neither the original insurance nor the trades company is going to help me out. They already seem like they've washed their hands with me now so they're not going to step in to make good on their promises if it goes pair shape. I feel like me deciding to go down the sub-contractors insurance route will absolve them of their responsibility and that would be irreversible should I get screwed with the sub-contractor insurance.

Any advice or guidance someone could give on this?

DullGreyGuy

If the insurer appointed them, or their appointed firm sub delegated to them, then it's the insurers problem and they can counter claim from the subbies insurance if they want. 

If you appointed the firm instead then its your problem and you need to deal with the firm you appointed

tallac

Yes, the insurance company appointed the trades company. The trades company used a number of sub-contractors to do the works. There excuses include:

1. It was not the Trades company, it was a sub-contractor
2. It was not accidental damage associated to the original water damage insurance claim
3. It was accidental damage that occured outside

I already mentioned this earlier but the works was carried out over a number of months and I was not allowed to be in the house during the works so the Trades company had exclusive access to it only.

If it is the insurers problem, what recourse do I have when they are refusing responsibility even after speaking to a manager?

DullGreyGuy

Log a complaint, they should really have already done this, and they need to send a Final Response (aka deadlock) letter/email after investigating the complaint. If you aren't happy with their final response or 8 weeks pass before they send one then you can escalate the complaint to the Financial Ombudsman