My insurers intend to recoup costs of my repair from neighbours

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  • Quentin
    Quentin Posts: 40,405 Forumite
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    littlerock wrote: »

    And I was also interested in how, if I wanted to, I could sue for the distress trauma expense loss and extra work load the impact of the fire caused someone like me who has nothing to do with starting it. The insurance company does not pay for that. If they prove negligence would i have a separate case?

    If you want to sue for uninsured losses then you use the county court

    Bear in mind that you will have to prove negligence to win!
  • Aretnap
    Aretnap Posts: 5,215 Forumite
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    littlerock wrote: »
    I am not concerned in purely practical terms over whether my insurer can get reimbursed. I am concerned over how you prove negligence where the fire is caused by two unbalanced very old people who are incapable of caring for themselves but are left to fend for themselves and cause a fire which impacts other people. Is it the fault of their sons, I doubt it, as above there is no legal liability to look after your parents in English law.
    As I posted earlier, the age and mental capacity (or lack of it) of yourneighbours is largely irrelevant as far as proving negligence goes. Your claim, if you have one, is against them: not against the council, or their family. The standard of care expected of a reasonable person is an objective standard, ie its applied in the same way for everyone, regardless of their personal characteristics, with some rare exceptions. If it would have been negligent for a young healthy couple to have let their house fall into that state of disrepair and become a fire risk (I'm not expressing an opinion on whether it would have been in this case) then it was negligent on the part of your neighbours.
  • littlerock
    littlerock Posts: 1,774 Forumite
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    Just an update. My insurer's loss adjusters had a forensic expert visit next door and also interview me, about a month ago. Now Insurer's solicitors have contacted me, separately, about taking action to recover my costs from next doors insurer

    Next door's house is in terrible shape, top floor missing completely. Not sure what happens next. Does not help appearance of mine, which is being dryed of at present. Word has it their insurance pays only limited fixed amount for alternative accommodation allowance and with three of them being accommodated - both parents in specialist care home, daughter in local hotel, they are running through it fast.
  • lisyloo
    lisyloo Posts: 29,617 Forumite
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    Might have asked this before, but do you have legal cover either attached or separate.

    That would be the way to go if you want a seperate claim.
    If you dont have cover then you’d need to finance it yourself and consult a solicitor.
    Personally I think you have to consider this as stressful in itself and you have to weigh that up.

    I always take legal cover and these days I’m more inclined to get is separately, partly because the cover can be better but also it would allow me to Sue my home insurer which an attached policy usually won’t.
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