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  • FIRST POST
    • littlerock
    • By littlerock 13th Aug 19, 4:35 PM
    • 1,676Posts
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    littlerock
    My insurers intend to recoup costs of my repair from neighbours
    • #1
    • 13th Aug 19, 4:35 PM
    My insurers intend to recoup costs of my repair from neighbours 13th Aug 19 at 4:35 PM
    There is a long thread here where I describe what happened to me and my house after my neighbours house (semi to mine) caught fire. My house suffered considerable smoke and water damage and roof damage. I now understand my insurers are going to seek "compensation" from next door.

    This raises some questions which interest me. Next door were hoarders and never did any maintenance. They had lived there for 50;years and latterly were embedded in rubbish and the place was falling down. Their estranged sons paid their buildings insurance for them and had for a while but never visited.The house went up due to combustible materials stored too close to the fire when one of them tried to light a fire. They were rescued just in time..

    Now there are fire inspectors crawling over it and a forensic fire investigator is coming round tomorrow to look at the damage it caused to mine.

    Could their insurers will refuse to pay out in full? The houses are in a section 4 conservation area and it seems highly likely whtever happens, the exterior will have to be rebuilt the same which obviously I want to happen. Anyone know what normally happens when a poorly maintained historic building which is insured, burns down arguably due to owners negligence?
Page 2
    • littlerock
    • By littlerock 16th Aug 19, 3:10 PM
    • 1,676 Posts
    • 232 Thanks
    littlerock
    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.

    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?
    • Quentin
    • By Quentin 16th Aug 19, 3:33 PM
    • 40,452 Posts
    • 24,457 Thanks
    Quentin

    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?
    Originally posted by littlerock
    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
    • By Aretnap 16th Aug 19, 7:21 PM
    • 3,375 Posts
    • 2,965 Thanks
    Aretnap
    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.
    Originally posted by littlerock
    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.
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