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dwight v | Home insurance claim - water damage from flat upstairs? |
basically, made an insurance claim on damaged goods due to leak from flat upstairs - water leaking down from the ceiling.
Claim went through ok, however will have to pay excess and now the premium has gone up.
Spoke to insurance company, and they say that because the leak was a disconnected waste water pipe, as opposed to the residents leaving taps on, it is not negligence on their part, and therefore they are not responsible.
Not quite sure how i stand, since, as i say, my premium has gone up and i have to pay the excess - surely this is incorrect.
or is it?
any advice most welcome
cheers |
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Al Mac Wheel
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If it was not negligence by the person upstairs, then it was negligence by the owner of the building, so it is the insurance of the owner of the building who needs to pay for this.
Ask your insurance company about THAT theory.
They need to recoup their expenses one way or another, either by finding the correct insurnace company to pay for your damage, or increasing your premiums.
Sounds to me like the clerical staff at your insurance company either do not know their own business, or their elevators do not go all the way to the flat upstairs.
I would ask the person who sold you the insurance policy which it is
* hiring clerks to process claims who do not understand the business, or
* hiring clerks who lack intelligence
because you not only need to know which it is, you need to be sure that neither kind of clerk processes any future business you have with them |
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MARTIN S
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First I would like to say, Never claim of your insurence strate away, you have the right to claim from the person in the flat above you, if the flat was unocupide at the time you could clime off the landlord/owners insurence if they refuse to meet your claim
You can take it throught the county court for damages ect but you must prove that the that the person was at fault, if that fails then you can always fall back on your insurence policy |
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Lizard
|
In short for negligence to be in place you have to prove that the flat upstairs left the waste pipe leaking - knowingly that it would cause damage. As mentioned any claim can affect your premium even the one you think should not count as its a decline. In short a loss is classed as a claim and the amount paid out is not really a huge link between that and premium. its the number of losses. I.e you could have 1 total loss for fire costing £20000 with someone else with 5 loss all around £200 the person with 5 claims would be facing higher premium. |
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Miss Meli
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I'm guessing your from either Oz or the UK?
Now, I don't know if insurance works differently over then pond then it does here, but in the US, your insurance would pay for it.. but any claim made that isn't caused by something declared as a catastrophe makes your insurance price go up. So yes, they should cover it, and yes, your premium should go up because of it. That's just the way that homeowners or tenants insurance works period. They'll give you money, yes, but it's gonna cost you. |
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Donna C
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OK, let me get this straight, you live down stairs, and water flowed from up stairs and damaged your household goods. The water damage was caused from a disconnected pipe.
In my opinion, who ever disconnected the pipe is at fault. If the upstairs tenant did it, then he is responsible, if the plumber or maintenance man did it, then he is responsible, (or the building owner because he hired them).
Now you can handle this is several ways.
(1) You must have talked with the insurance company of the tenant up stairs. They are correct, if he did not undo the pipe then he is not responsible) But he probably knows who did the dirty deed and can tell you.
(2) You can claim on your policy and be out the deductible and depreciation (if you do not have replacement cost). (This should not make your insurance go up unless you loose a claims free discount) . And they may subrogate on claims such as these and sometimes you will get your deductible back.
(3) You can contact the building owners and see if they can file on their insurance or re-in-burse you for your damage or at least your deductible and depreciation.
The key is this is finding out who left the pipe undone. Best of luck. |
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jeanimus
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But who disconnected the pipe, or failed to ensure it was connected? wasnt it them and therefore their fault. |
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Country Girl
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You made a renters claim I am assuming. The renter upstairs is not responsible for "building maintenance" issues. Home insurance would have covered the entire claim less your deductible with backup of sewer & drains coverage on the policy up to the limit of coverage. Any claim subjects you to the risk of your premium being increased at the next renewal. |
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