subsidence caused by neighbours drainpipe

salty_seadog

Hi all, I have a question,

my property is subject to a subsidence claim that we believe was caused by a neighbors drainpipe emptying over the footings. If it is agreed that it was the cause do I still have to pay the £1000 excess or can i claim against the neighbors insurance for payment...(in the same way car insurance works)?

Also would this now rectified problem still preclude me from getting insurance elsewhere or am i likely to be held to ransom by my current insurer?

thanks....d

Oscar_The_Grouch

Hi there

To claim your excess off your neighbour, you would have to sue them. To be successful, you would have to show that they were negligent and for that you would have to be able to prove:

1. they were aware of the leaking pipe
2. they were aware that it was causing damange
3. they elected to do nothing about it.

Personally, I don't think you have a hope in hell of winning unless you have a letter from a couple of years ago sent by you to your neighbour asking them to repair the pipe. Without that, all you have is your word against theirs.

Strict liability as imposed by Rylands v Fletcher does not apply, as the drain is there to take water away rather than store it so you can't even win there.

Finally, do you really want to take your neighbour to court? Essentially, that is what you would be doing to claim your excess off them.

I suggest you pay the excess and accept the fact that it is going to cost your insurers a damn site more than that to repair the damage to your home if it is subsidence.

What you need to do, however, is ask the loss adjuster to arrange for you to receive copies of all survey, engineering, arboricultural and site reports as well as a full copy of any repair schedules and specifications; if you ever want to sell the property, you will need them!!

salty_seadog

cheers Oscar....that seems a shame but £1000 is better than forking out £10,000....

cheers.............

ssd........