Trespass and damage from contractors on next door property

[des8]

Does your home insurance include "legal expenses" cover?

[osgd]

Yes it does, will check policy tomorrow over phone.

[islandgirl]

So has the problem been left unrepaired for 5 years or so?

[osgd]

Well, we had contractor on site 2018 when work was in progress next door. Have a letter from contractor to that effect stating damage was noted.

Nothing happened, silence thereafter, l was in hospital and out the following year due to trauma and my wife and l tried to elict information, I.e contemporaneous file notes from contractor, discussions with the owner of the property and the other contractor from the visit to our home from Nov/ Dec 2018 from that time until Covid started.

After being hospitalised 3 times in 2021months passed. Upon discharge we ramped up our efforts. Since August 2021 we then begun and got serious, created a chronology of facts in issue where we have protracted correspondence of sending evidence to support our allegations to all concerned

All we have had in return is a pre survey from one of the contractors before work on both properties started. It is noted that detailed our property as in good condition. Notwithstanding, no post survey was received after work was completed.

We have chased and chased for this to no avail. We assumed a 'before' and 'after' the scheme of works would allow a compare and contrast methodology to be appropriated.

We literally danced to each contraccon'svrequest for evidence, from their insurers and then returned in December 2022 to the charity housing owner.

We have indeed been subjected to high levels of stress, experienced feelings of distress which have impacted disproportionately our health in so many ways. Unfortunately, it may sound lame but my body is pretty messed up now and with the meds for pain, fatigue l take and we try to distance from any thing that will exercabate my symptoms.

Well it seems if we are correct we need to issue by November 2024 a money claim to redress this nightmare.

As a now retired aerospace engineer, retired lecturer l simple seldom have the capacity to manage timeframes due to my variable conditions.

In summary, because this matter is from 2018, having legal cover on house insurance would they cover ATE?

Trust the above gives a backdrop of the why we haven't been as pro active as we should.

To those whom have responded to the thread so far. Please note our appreciation and your kindness is very well received.

[islandgirl]

Thank you for explaining. We just need to know the facts so we can all try to help. It is awful that you have been treated in this way and you do have my sympathy. I really hope that with the help of people here you can get the problem solved.

[des8]

That legal expenses could well cover your legal costs in pursuing your claim, so contact them.
beside paying your costs they wil probably run the claim for you, so relieving you of a considerable amount of stress and work

[osgd]

Thank you so much ISLANDGIRL and DES8 , we will contact the insurers today and post a updated response.

It would be wonderful if our insurers could after the event. I think my wife put the issues previously to our insurers last year and it was deemed a big no being years after the event

Any pointers on how to frame our case onto insurers?

I have appointment at 10.30 and will be back on around 2.30 to update.

Thank you all for your willingness to help and advise.

[des8]

You have 6 years after the cause of action to bring a claim against those liable for the damage to your property.
This would appear to be 2018 so well within the 6 year limitation period and I would expect it to be covered by your legal expenses cover.
You might have to push against your household insurer's claims department as it could be dealt with by a separate company.
It all depends on your policy wording

[osgd]

Hello dear friends, legal insurers are very busy, we have been scheduled for a call back tomorrow.

Can anyone advise what issues may arise from legal insurance due to timeframe of when damage occurred?

Would ATE be a option if the above criteria fails at the first hurdle?

[atticus]

You should be aware that legal insurers may question whether the policy covers claims arising before the period of insurance. In preparing for the call, you should check your policy wording carefully.

ATE normally refers to After The Event insurance cover, i.e. insurance against having to pay the other party's costs. Such cover is obtainable. The premium will depend on the amount of cover sought and an appraisal of the risk of an adverse costs order.

[osgd]

Thank you Atticus, in normal circumstances we would have been better prepared and sought redress swiftly, however we engaged into a whirlwind of correspondence and the years passed by. Severe trauma followed this was unforseen as the frailty of my body failed to recover. The years ticked by then covid. We really have seen our folly now.

We note your comments and many thanks.

[osgd]

Well dear friends update, we will continue ringing tomorrow as our present insurers have told us no and to track back to insurers in 2018. At the moment saying after the event. If it is a 'no' from insurers of 2018 , are they any options open to us?

[atticus]

Yes. You may bring a civil action in the County Court.

NB I think 2018 insurers are likely to say you should have notified your claim promptly - most policies have a term to this effect.

[osgd]

Thank you, yes we should have taken swift action at the time.

We relied upon a letter from that time which notified damage had occurred and in 2019 a return visit was scheduled. This visit never happened and with significant health issues it was put to the back of the queue.

We will try once more tomorrow with our insurers as was informed little chance but things may work out if threshhold of 51% probabilities attained.

Not sure on what that means ? Will update tomorrow and l have noted each contribution thread comments.

Thank you to all.

[osgd]

Hello dear friends, its a week since l last posted. My health took a turn for the worst with the stress of a of this. We have exhausted our efforts with insurers. We will post again soon. Many thanks to you all. A look like a letter before action is likely. If anyone can guide us of LBA, that would be very helpful.

Many thanks.