How To Start Legal Action Against Insurance Company?

[apollo18]

Hello, I am not sure which is the best section to post this, hopefully this is the correct one.

I have had some issues with insurance work done at my flat and the time taken for the insurers to rectify it.
The below gives some background::

1. Several years back (2016) I had a leak into my flat and the managing agents made a claim on the block insurance.
2. Works were eventually carried out (2017) but there were issues with the standard of the works and I complained about this to the loss adjuster company.
3. I have had two loss adjuster visits to look at the issues, as well as an independent surveyor and independent inspector (as the builder denied liability). These were arranged by the loss adjuster and builder and the reports found the building company was at fault.
4. I was offered £1000 to settle the claim but I chose to decline this as the work would cost much more to complete.
5. A new loss adjuster took over the case in 2001 and asked me to provide 3 quotes to get the work done and I provided these in Sep 2021. I was told these were passed to the insurers and they were awaiting their instructions.
6. After hearing nothing since, a month ago I received an email requesting that a loss adjuster visit the flat to view the outstanding work. Their reason for this is that the other loss adjusters have now retired. I fail to see that this has any relevance as I assume they will still have all the previous loss adjusters' notes on file, as well as the reports of the independent surveyor and inspector.

It seems to me that they are delaying a resolution to the claim. Three loss adjusters have already attended to see the issues as well as an independent surveyor and an independent inspector. The issues have not changed and are still the same. I am reluctant to let yet another loss adjuster visit as it seems we are going in circles and I do not see that there is anything new for them to see - the issues are the same as the others have been out to see and they will have their notes from those visits.

I think after all the inaction it is time for me to take legal action but I am not sure whether this should be a claim to the small claims court or to the financial ombudsman.
I assume the action should be taken against the insurance company and not the loss adjuster company?

Could anyone please advise me on the following:

A. Small claims court or financial ombudsman?
B. Claim should be against the insurers not the loss adjuster company?
C. The quotes I provided are from 2021 and are now out of date - should I get new quotes or can I do this after sending a Letter Before Action?

Any advice would be much appreciated, thank you.

[atticus]

Isn't your claim against the party responsible for the leak and not its insurer or the insurer's loss adjuster?

Further, such a claim may be time barred.

My view is that you would do well to engage with the loss adjuster, as through the passage of time other avenues may no longer be open to you.

[apollo18]

The claim was accepted and carried out by the insurance company on the block policy but the standard of work was poor. The work needing doing now is to remedy the poor work that was done. I think I could only claim to rectify the poor standard of work against the insurers as it was them that instructed the builders.

I was advised previously that the claim is not time barred if the claim is still in progress (although it's possible I was wrongly advised).

[atticus]

... although it's possible I was wrongly advised.

A strong possibility.

[PallasAthena]

How serious is the problem with the building work that was done?

I ask because if it is non-trivial I'm mystified why you have allowed so much time pass without doing anything to pursue your complaint and get remedial work commissioned. Having lived with it since 2017 I assume it isn't structurally unsafe and doesn't make your property uninhabitable.

So the work was carried out in 2017, you complained about it at the time. Then some 4 years passed before the loss adjuster got back to you asking you to get quotes to remediate the repair work. What had been happening between 2017 and 2021? Why wasn't the original builder asked to rectify their faulty workmanship in 2017?

You get the quotes and give to the loss adjuster then nothing happens again for another 2 to 3 years until the loss adjuster gets back to you in March 2024. What had been happening between 2021 and 2024?

I agree that you should try to progress this through the loss adjuster. One complication for you in bringing a claim, if it isn't anyway time-barred, is that if this is an insurance block policy for, say, a block of flats you may not be a policyholder and any claim might have to be brought by the freeholder/lessor. As you noted in Post #1 the claim wasn't made by you, it was made by the managing agent.

[apollo18]

No, the outstanding work is not serious (nothing structural). Mostly decorative and some electrical work. The most expensive part would entail replacing the wooden flooring throughout the flat.

The delays have been caused by various things - mostly inaction on their part (including changing loss adjusters four times), back and forth with the builders, waiting for reports from surveyors/inspectors and on my part spending a lot of time overseas and probably not chasing up enough. Oh and covid also played its part.

It's probably not worth me going into too much detail with the delays as it's done and I am where I am (I started writing about it but it soon became very lengthy).

I think you raise a fair point about me probably not being a policyholder as it would probably be the freeholder on a block policy.

Thanks all for your replies which are much appreciated.

[Pezza54]

These are my thoughts:
The landlord's building insurance usually covers water leaks whatever the cause but there is probably an excess to pay.
There is a contract between the landlord and the insurance company (probably arranged by the management company)
Following the loss adjustor's advice the insurance company entered a contract with the builder to carry out repair work
The builder failed to undertake the work to an acceptable standard as confirmed by the loss adjuster and a building surveyor
You were asked by a second loss adjuster to provide 3 builders' quotes which you did in September'21

That should have been sufficient to resolve the matter.

You should write to the management company to let them know what has happened and that you believe you have been unfairly treated and the insurance company appears to be using delay tactics, and instead of employing another builder to make good the first builder's poor workmanship, they want a third loss adjuster to visit
Point out that after such a long time the builder's work has deteriorated further (a stitch in time saves nine)

[apollo18]

Apologies, spotted some date errors. In my first post, point 5 it should have said
"A new loss adjuster took over the case in 2023 and asked me to provide 3 quotes to get the work done and I provided these in Sep 2023."

[Pezza54]

My advice, last paragraph post #7 still stands.
To replace all the flooring in your flat sounds like a flood, not a leak. Did the loss adjuster's report state that all the flooring should be replaced?
Is the unfinished electrical work a danger?

[apollo18]

Thanks for the advice.

It was a leak from a communal stack pipe that came through the ceiling. The flooring covers the whole flat without any joins between rooms so it was not possible to just change the flooring in one room. The flooring was replaced but not to a good standard (it creaks and cracks when you walk on it and it has a few large gaps between planks) and therefore needs changing. The electrical work is not a danger however the builders trimmed too much off the front door and the gap is now larger than the fire safety regulations says it should be.