Advice on insurance solicitors

[Solomon1]

Evenin all

 

Some advice please....

 

If your house insurance has to pay out because of a water leak from the flat above

 

And then your house insurers get a solicitor to contact you to sue your neighbour for damages (!)

 

What would you do?

 

I figure I've paid my insurance for many years - what's supposed to happen is insurers just goddamn pay out!

 

Not trying to claw back money from already traumatised innocent folk!

 

Just seems quite sinister and American, money-grabbing to me

 

Do I get a choice here? They're getting quite pushy! Can they hold it over me if I refuse - e.g. hike up premiums etc?

 

Grateful for any SF lawyer's advice

 

Cheers

[ECCOnoob]

I am not an insurance lawyer but I would suspect that if the cause of the loss was as a result of the upstairs property then the your insurance company is entitled to recover damages from them.

 

Presumably your neighbour will have their own insurance so it should be a simple formality for them to pass on the claim to their own insurers and let the suits argue the toss between themselves.

 

I certainly dont think its anywhere near as simple as "insurers just pay out". Its all about liability and responsibility. Your insurance company would pay out someone else if you were responsible for the damage but on the flip side nothing stops your insurance from recouping their monies if someone else (in this case, your neighbour) is responsible for a loss.

 

My advice for what its worth is just go with the flow and pass it on.

[999tigger]

You probably misunderstand. You should make a claim on the policy and they should pay on that if you are covered.

 

Theres also a principle called subrogation , which means you must then assist them with any claim you may have against the other person. They get the benefit of your legal claim and can take out of any damages they win any money they have already paid you.

If thats the case its quite normal.

 

Give the financial ombudsman a ring and see if they can throw some light on whats happening (they might answer a general query), but wont take a complaint until you have used the insurers complainys procedure or take all your documents to CAB.

 

Have you actually rung the insurer and asked them to explain things? Thats what i would do in the first instance.

[Solomon1]

My advice for what its worth is just go with the flow and pass it on

 

Thank you ECCOnoob

 

But would you know the penalties if I ignore them?

 

Don't really want to sue the guy upstairs, got enough problem as it is!

 

---------- Post added 14-09-2016 at 01:23 ----------

 

You probably misunderstand. You should make a claim on the policy and they should pay on that if you are covered

 

This is is what happened a couple of months ago

 

Now getting hassled by solicitor

[mafya]

If you don't cooperate then you may find that you will not get paid out or will have to pay back any claim already paid out to you.

It's not your job to feel sorry for the other party and I'm sure if the boot was on the other foot thrpey would cooperate with their insurance company in suing you.

[Solomon1]

Have you actually rung the insurer and asked them to explain things? Thats what i would do in the first instance

 

This would be the sensible thing to do.......

 

Have not been engaging with them, as didn't want confrontation

 

---------- Post added 14-09-2016 at 01:28 ----------

 

If you don't cooperate then you may find that you will not get paid out or will have to pay back any claim already paid out to you.

It's not your job to feel sorry for the other party and I'm sure if the boot was on the other foot thrpey would cooperate with their insurance company in suing you

 

Well, this is what I need to get clarified

 

And it's a whole new world for me!

 

Back in the day, accidents happened and companies paid out

 

End of!

 

None of this suing crapola - I hate it!

 

And I don't agree that just because someone would do something bad to you, that you should do it them

[mafya]

This would be the sensible thing to do.......

 

Have not been engaging with them, as didn't want confrontation

 

---------- Post added 14-09-2016 at 01:28 ----------

 

 

Well, this is what I need to get clarified

 

And it's a whole new world for me!

 

Back in the day, accidents happened and companies paid out

 

End of!

 

None of this suing crapola - I hate it!

 

And I don't agree that just because someone would do something bad to you, that you should do it them

 

You are not doing anything bad to them, it's actually lawful otherwise your insurance would not ask you to do it.

It the kind of society we live in unfortunately and there must be a reason why the insurance company have decided to sue the other party.

[Solomon1]

You are not doing anything bad to them, it's actually lawful otherwise your insurance would not ask you to do it.

It the kind of society we live in unfortunately and there must be a reason why the insurance company have decided to sue the other party.

 

Suing for damages kinda IS bad though dude!

 

And something being lawful doesn't make it morally correct

 

And the reason they want to sue, is because thats all insurance companies are...

 

Giant money-making outfits

 

And I want no part of it

[999tigger]

Thank you ECCOnoob

 

But would you know the penalties if I ignore them?

 

Don't really want to sue the guy upstairs, got enough problem as it is!

 

---------- Post added 14-09-2016 at 01:23 ----------

 

 

This is is what happened a couple of months ago

 

Now getting hassled by solicitor

 

So are you saying they have paid you and now they are asking you to assist with suing your neighbour?

 

If thats the case then you are under a duty to help as thats what you agreed to in the policy. All insurance policies have this. If you wont then they will just cancel your claim and seek any money paid to be returned.

 

Your choice.

[Bargepole23]

I am not an insurance lawyer but I would suspect that if the cause of the loss was as a result of the upstairs property then the your insurance company is entitled to recover damages from them.

 

Presumably your neighbour will have their own insurance so it should be a simple formality for them to pass on the claim to their own insurers and let the suits argue the toss between themselves.

 

I certainly dont think its anywhere near as simple as "insurers just pay out". Its all about liability and responsibility. Your insurance company would pay out someone else if you were responsible for the damage but on the flip side nothing stops your insurance from recouping their monies if someone else (in this case, your neighbour) is responsible for a loss.

 

My advice for what its worth is just go with the flow and pass it on.

 

I see what you did there