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Insurance

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  • Insurance

    Last year we had an underground leak in the garden via the main water supply. The insurance company at the time paid to get it fixed. Now the same leak has appeared in the exact same place. Where do we stand getting this repaired by the previous insurance company do we have any legal.standing at all regarding this?
    Tags: None

  • #2
    Will your current insurer not cover it?

    Do you know the cause of the repeat leak?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you for the reply. It seems that the leak is in exactly the same place. Originally there was a burst pipe attached to an old stop tap that was left infer the ground the pipe is around 3 to 4 feet deep. A plastic pipe was put between the gap and the good was filled in. The company that done the repair gave us a wear and tear clause and unless they repair was due to their faulty work we have to pay for the repair as they insurers will not cover it. The hole was filled in on top of the pipe their was no support for the pipe and as this happened the same time last year it looks like the warm weather has hardened the soil them the heavy rain has made the soil drop thus braking the pipe or at least loosing it. It has not completely broken as our water supply is still working. So either the pipe that wa slept after the leak was cut-out was not in good shape or the pipe was mot fit for the job as the drop in the soil has loosend it but legally I don't know wer either stand. The problem is as soon as I make it know that I know about it I only have so long to get it repaired until the water board issue a fine. I don't have enough money to get this done myself so I need to know were I stand legally. Thank you

      Comment


      • #4
        Is this covered by insurance?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Yes i have insurance it's a legal requirement if you own your home?? My question is can they refuse to pay as its the same leak? As per my full explanation

          Comment


          • #6
            If the first sentence is a question, the answer is that there is no legal requirement to insure your own home.

            As to the remainder, I do not understand the insurers' reasons. Have you told them that the repair they paid for last year clearly wasn't good enough?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Has the repair been exposed following this new leak?
              If not how can you be sure it is the repair that has failed if it is buried under 4' of soil?

              Comment


              • #8
                The work carried out would have come with some sort of guarantee, if it's the same 'leak', then there should be no issues getting it fixed again. When it was fixed, there would have been a report identifying the leak. Send the insurance company a SAR request. If the insurance company aren't playing ball, follow their complaints procedure.

                Comment


                • #9
                  Update- The origonal leak was with a different insurer. I contaced my new insurers and they were going to make me chase the previous insurers as the job was obviously not good enough. They however decided to get the work done as its time sensitive and they will pursue the previous insurance company. I know it's the same issue as its at the same part of the garden and only the water inlet pipe is there it is just about leaking out from the origonal spot so I am in no doubt its the same leak. Just out of curiosity. If you own your property I thought it was a legal requirement to have property insurance and contents were at your discretion? Property insurance covers third party if your property causes injury dies it not? Anyway thank you all for the comments I will update again once I get a quote for the job and see uf any other issues arrive.

                  Comment


                  • #10
                    Originally posted by tommyhd View Post
                    If you own your property I thought it was a legal requirement to have property insurance
                    As previously stated, if that is what you thought, you did so incorrectly. Not insuring may be unwise, but it is the owner's choice and his risk.
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment


                    • #11
                      OK so my insurer has said that I did not declare the previous claim whe I joined but I know that I filled in all the details on the website for the insurance company. They also called.me to say that inhad not declared the claim as they had found it on some database they search,I told them waht was involved.in the claim and they said my premium may go up but after the conversation nothing happened. Now on this claim they said ther are taking 150 of the cash sum forth claim so know I can't afford to get it fixed as I don't have 150 to pay the contractor. Can they do this? I know they called me about the claim and I know i had filled the form in correctly. If I accept the cash award do I need to go with the contractor that I got the quote from or can I look for a cheaper contractor to get the job done with the cash award amount??

                      Comment


                      • #12
                        As Atticus has advised there's no general legal requirement to insure the buildings your house but what you might have in mind is that if you have a mortgage it will invariably be a requirement of the loan that the buildings are insured.
                        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                        Comment


                        • #13
                          Can anyone answer my query above regarding my insurer on #11

                          Comment


                          • #14
                            I suspect the £150 is a policy excess.
                            You have to pay the first £150 of the claim

                            Comment


                            • #15
                              You need to be more clear with your information, you say they are taking £150. Are you saying they have offered £300 but are taking £150 for excess.
                              If so, this is normal for most types of insurance, when you agree the policy, you normally agree an excess fee that you pay on any claim.
                              i.e: Claim £300 less excess charge agreed £150 = your receive £150.

                              Comment

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