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hi there | I had a fire in my flat at the beginning of the year and the loss adjusters want to investigate it now. Why? |
Someone needs to put my mind at rest. January this year I had a fire causing quite a lot of damage. I’d had the storage heaters serviced by an electrician. However, as they had not been turned on in five years I’d had some ornate radiator boxes to cover them up. I asked him if it was OK if I could put them back on when the heaters were on and he said fine as there was enough space between the top of the radiator and the top of the radiator box. I asked if I could pay cash to avoid paying VAT which happened, so therefore there was no paper work to verify this job. I went out and came back 4 hours later to find that my flat was on fire. A report was made, the loss adjusters were happy, the heaters and the boxes were thrown away and I had my flat redecorated and possessions replaced. I have received a letter from the loss adjuster saying that they are NOW investigating the fire and want my events. What happens now? Will this go to court? |
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viporlandovillas
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It may be that they simply want to see whether the work was actually carried out with the money they paid you.
You could always ring them and ask what the procedure is and why, they may be able to put your mind at rest. |
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Matthew
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Sure it can go to court. Anyone can sue anyone at any time for anything. There is nothing to stop anyone from investigating anything that anyone wants to investigate.
This might become a hard lesson for you.
Keeping records is the most important thing that anyone can do for themselves, for that reason. 10 years is the rule of thumb.
Since the insurance company paid, however, they agreed to the settlement based on their investigation. It "should" be a closed case. That is, unless they are able to produce new evidence pertinent to your/their specific case.
They cannot just produce some sort of arbitrary evidence for their basis of a case, however.
In court, their rule of thumb is: If it isn't in writing, it was never said.
The electrician is a non-issue in your case.
Paying cash for the work is a non-issue.
The issue is that YOU placed ornate boxes on something that caused a fire. However, there is no warning label telling you that doing so would cause a fire. The manufacturer, then, might also be to blame in this matter. You are not a professional. You are a consumer. You did not break any Laws. You are likely going to be accused of arson. However, they will have to prove intent.
The fact remains that you did not know that doing such a thing as placing the ornate boxes would cause a fire. Had there been a warning label by the manufacturer not to place any material within a specific distance from their product, certainly, you would not have done what you did. You might be found a certain percentage at fault, but not totally at fault.
You need an attorney who can argue your case against the insurance company when this comes to a head. |
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JOHN R
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It is not unusual to find the loss adjusters coming to check that the work you claimed for has been carried out (and to a satisfactory standard). Not every case is checked but a random sample are or where the person has a record of making lots of claims. So if the work you claimed for has been done then you have nothing at all to worry about. However if, for example, you told them it was going to cost £1500 and you provided an estimate from a builder or decorator for that amount. Then you changed the builder or did your previous trick of paying in cash to avoid VAT and lets say only actually paid £1200. Are you in any sort of trouble ? Yes that's fraud. What will happen next that depends on the company you insure with and how much you "gained". It could go from them asking you to repay the difference (and the next time you renewed your policy they would decline your business or push up the premiums) to reporting you to the police. |
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aires69uk OFFICIAL
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It would be interesting to know what makes you think they are investigating it as you don't say whether the claim has been settled or not. Have they written to you saying this or did you receive a phone call - did they specifically state they were 'investigating' this? The only way that I conclude that this would be so is if new aspects of the claim have come to light - or maybe if your insurers are having a hard time with subrogation, due to the fact that there's no paperwork to back up that the electrician did the work. Of course that is assuming the insurers have already settled the claim and they are just revisiting the situation to make sure the work has been done to a sufficient standard.
While it won't at all make you pleased to hear this, you were dumb to get this done without paperwork just to avoid tax. You were further unwise to say the least, to take the advice of the electrician to have covered the heaters while they were turned on - I can tell you that even if I'd been advised it'd be okay, I wouldn't have done so unless I had it in writing that it was okay.
My guess is that the loss adjuster wants to revisit your premises to see that the work has been done to a sufficient standard, and that the insurance company have received value for money. If everything you have done is above board then you have nothing to worry about.
However if the claim hasn't yet been settled then I have to say that if I were in your shoes, I would be somewhat concerned that I had no paperwork to substantiate my version of events. If it's the case that the claim is still open then yes it is time to worry. If you have nothing to substantiate who it was that did the work and when or nothing in writing stating that it was okay to have covered the heaters while they were turned on - you have a problem in that your insurers may take the view they don't have to honour the claim. |
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bert
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They may be a bit suspicious or, they may be checking that the work is of a satisfactory nature. No matter what, if everything is above board, yuo'll be O.K. |
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Time4AcuPPa
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Storage heaters should never be covered full stop . . . it is a fire hazard to do so. If this is your reason for the fire starting and it is deemed by the loss adjuster that you have been negligent and do not have cover for accidental damage, then they can refuse to pay out. |
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