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Additional Details
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jon627083 | What if neighbour doesn't have buildings insurance? |
The properties are in a terrace formation, privately owned, garage out front adjoined to the house, and also forms the common wall between properties, so my right garage wall, is neighbours left garden wall and so on. My garage internal drain which collects rainwater from a flat roof is leaking, and has seeped into the wall and damaged the wall harling on my side, and on the neighbours side. His reaction is fix it now or else?
My reaction is to contact my insurance company, and stake a claim, they are scheduled to come and fix, my side of wall I said to neighbour, you contact your ins co, they contact my ins co. that is how it works, but he refuses, and grunts, "you fix wall!" I don't think he has insurance. Can he still fix it then send me a bill, to pass to my insurance, or would they say, No way, we don't pay for work we haven't checked or been made aware of. Would I be in the right to pursue a defence with my lawyer?
If he has no insurance, is he in a bad position, rather than me |
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welcome news
 |
Your insurance company will authorise the repairs to your property due to escape of water. They will not, as a matter of course pay for the repairs to your neighbour.
It is up to your neighbour to put in a claim for the damage occasioned to the garage. If he does that your insurance company will cover you under the 'property-owners liability' section of the policy.
I would write to your neighbour (and keep a copy) stating that further to your conversation, you have noted that damage has occured to his roof and that you won't be responsible for any further damage that may occur (he has a duty to minimise his losses). I would also take photographs of the current damage.
With regards to a claim made against you, what he does with his own property is his own concern. If he repairs the property and then send you a bill then you fill in a claim form and seek indemnity - your insurance company can't refuse to indemnify you if you have acted reasonably, whether or not your neighbour gives advance notice.
Under the circumstances, I think the best course of action is to advise your insurance company of a possible claim under the 'property owner's liability' section of the policy. This protects you against future events. You will then be able to send correspondence to the company quoting the claim reference number. It is up to your insurer to sort the matter out.
Whether or not he has insurance does not affect his right to make a claim - he is only in a worse situation in that he may be unable to afford the repairs.
With regard to defence - I suspect it would be a question as to whether you were negligent - as you know damage per se (even in today's litigous society) is not a reason to claim compensation. Negligence will depend on a number of factors e.g. the length of time the drain has been leaking. |
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JOHN R
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Go with Everonline !! |
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dcgirl
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Your insurance should cover the whole thing then bill back his insurance for any contribution they have to make (if any). Technically the damage is your fault; you can't divert water onto someone else's property or else you are liable for the damages. So because your drain was leaking and damaged his property, it's your responsibility to have it repaired. |
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Luke Warnes
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If your leaking drain has damaged his property then he is entitled to ask you to fix it. Whether an insurance company is involved merely means who is actually paying the bill. Even if he had insurance, you, or in this case your insurance company (subject to any restrictions placed on the policy) will pay for the damage.
If the situation was reversed and his leaking drain was damaging your property he would have to pay personally because he has no insurance.
In other words, the existance or non-existance of insurance does not negate damages occured. |
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resignedtolife
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I'm sorry I don't know but I hope it goes in your favour. He should have insurance of his own. Have you checked your policy and read the information booklet? |
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