Subsidence from water damage

System

This discussion was created from comments split from: Subsidence from water damage - what to do next.

rta

Hi, we have an on-going subsidence claim with our insurers for over 2 year's, since February 2023.  They have monitored a crack in the garage wall, which adjoins our house, and informed us the cause is a leaking drain.  Multiple drain surveys show the drain to be fractured/leaking but the Southern Water maintains they will not try repair it as it does not prove the drain has caused the subsidence.  During the drain survey a second drain on our property was found to be near collapse which Southern water subsequently lined.  Both drains belong to Southern Water so we cannot touch them. Drain surveys show both drains to be buckled and soil to be present under a manhole cover.we are told by our independent drain surveyor that this should be repaired by Southern Water but, yet again, they are refusing to do this. The underwriters have dragged out our claim for over 2 years.  Communication has been poor, different case handlers have provided conflicting messages and after so long they have decided to start monitoring again.  A number of complaints with Southern Water and our insurers have already been exhausted.  CCI informed us they cannot help. OFWAT told us they cannot help as the drain is on a local highway so we should contact our local city Council.  We have told them multiple times the drain is not on a public highway and is on our property but they cannot seem to grasp this.  Our local city Council has also confirmed this and said they will not get involved. We have been in touch with our MP who was supportive but does not have powers to enforce anything.  We have filed our case with the Parliamentary Ombudsman against OFWAT but hold little hope.  They are so busy they have a 6 month waiting list just to assess our case.  In the meantime our worst fears have just been realised as we have now discovered a second crack this weekend, this time on the main house.  We have not yet informed the insurers of this.  Has anyone ever successfully sued their water company for subsidence?  Do we have a case against them and our insurers?  Any help/guidance greatly appreciated please.  Feeling devastated.