To think that I should not have to be out of pocket because of this.......

[TableFlowerss]

Cutting a long story short -

I own a downstairs flat that I rent out.

Upstairs own and live in their flat. One of them is a pain in the arse (eg doing things without asking that benefit them) the other is fine.

They basically done something that meant water was running in to my flat through the ceiling, through and on to electrics etc...(let’s say left the bath running- it wasn’t quite that, but you get the gist - I don’t want to be outed with the specifics)

The nice one apologised and confirmed it was their fault in an email and gave me the insurance details so I thought well I’ll get the money back, because I sent the insurance all the emails the upstairs owner sent me and there’s no questions it was their fault, they admitted it.

I foot the initial bill of say £800 and almost a year on, I’ve still not got the money back. My insurance company seem totally unconcerned and basically said there’s no guarantees their insurance will pay out...

I mean how the hell is that fair? It’s not a case of ‘hmmm who’s fault is it though? It’s debatable’ It was obviously coming from their UPSTAIRS flat and they admitted it and apologised.

It shouldn’t matter if it’s from their boiler/toilet/washing machine or whatever - it’s still caused damage to my property.

So it looks like they’re going to get away with it and yet I’m having to foot the bill for their carelessness. Basically it could happen again and again and I’ll have to pay!?!?

How is that even fair?

What would you do if you were me?

[TableFlowerss]

When I say ‘what would you do’ know there’s not much I can do, but I’m wondering whether to take it to the small claims court as a deterrent. I just think it’s sickeningly unfair and the insurance company are appalling.

[SimplyRadishing]

Have you followed up with the insurers?

[Ffsnosexallowed]

Was there a reason why you didn't go through your own insurance? If they'd had to pay out and then sort it with the other company then they'd be more interested.

[Iwouldlikesomecake]

Follow up with the insurers, put pressure on them and threaten upstairs with legal action. I’d be furious.

[TeaAndHobnob]

What did you pay for initially?

Because it's not usual that you would pay for repairs and the insurer would reimburse. That's not how insurance works, really. The insurer should arrange and pay for works, or may let you do that if you agreed that with the insurance company before you did it.

[Gliblet]

Are they using the same insurance company? I can't think of another reason they wouldn't chase for payment... Either way I'd be looking for another insurer. Try the MoneySavingExpert forum and you'll find other landlords who may have experienced the same thing. You'll definitely find people who know the small claims process inside out.

[MrsMoastyToasty]

Tell the insurers that you will take it to the ombudsman service.

[Nancylovesthecock]

How on earth are the upstairs neighbours 'getting away with it?'

It's their insurance dragging their feet not them.

[daisypond]

Did you contact your insurance company at the time? Isn’t it usual for them to survey the work that needs to be done and then have the work organised? That’s how it’s been when I’ve had to claim. I certainly wouldn’t have got the work done and paid for it myself - that’s the point of insurance.

[TableFlowerss]

@SimplyRadishing

Have you followed up with the insurers?

Yeah about 3 times and the first time they said oh we didn’t receive the evidence - they did! So I sent it again.

I rang back a few months later and it was ‘we’re waiting to hear from their insurance’

Then I rang back beginning of Dec and the guy was just not really bothered and said there’s no guarantee their insurance will pay out 🙄

I should have said- it was £1000 originally but my excess was £200 so my insurance paid the £200 but of course they aren’t going to pay the rest. I assumed their insurance would

[TableFlowerss]

@Ffsnosexallowed

Was there a reason why you didn't go through your own insurance? If they'd had to pay out and then sort it with the other company then they'd be more interested.

Sorry if I didn’t make that clear. I did actually go through my own insurance.

[LDpuppy]

Why wouldn't your insurance pay the rest? Normally surely they would and then they claim back from other insurer

[daisypond]

It’s your insurance company who are at fault here, if anybody is. But if you didn’t tell them at the time and follow the correct procedure, that’s all your fault and your insurance company won’t pay out.

[purpleme12]

? The excess is the part you pay, not the insurance company

If it's taking too long you need to make a complaint to your insurance company

[44PumpLane]

Almost a year on and you've contacted the insurance 3 times now..... Contact the insurance at least once a week every week for the next 6-8 weeks then go to the ombudsman.

You are jot making yourself enough of a pest, they do not want to give you £800, they want you to get bored and go away.

Do not get bored, do not go away, make yourself more of a pain in the arse.

[TableFlowerss]

@TeaAndHobnob

What did you pay for initially?

Because it's not usual that you would pay for repairs and the insurer would reimburse. That's not how insurance works, really. The insurer should arrange and pay for works, or may let you do that if you agreed that with the insurance company before you did it.

I was told because of covid etc they couldn’t send people out, so to basically get it done and pay myself and then put the claim.

I had to get it done ASAP as I’ve got a tenant living in the property.

[daisypond]

I should have said- it was £1000 originally but my excess was £200 so my insurance paid the £200 but of course they aren’t going to pay the rest. I assumed their insurance would

Isn’t that the wrong way round? The excess is what you pay -200- and your insurance company should pay 800 for the work.

[TeaAndHobnob]

Yes you need to make a pest of yourself really, if you'd agreed this with your insurer then there is no reason you shouldn't get the money. But do hassle them so it's easier for them to act instead of fob you off.

[TableFlowerss]

@Nancylovesthecock

How on earth are the upstairs neighbours 'getting away with it?'

It's their insurance dragging their feet not them.

Because their actions caused the damage to my property. They don’t have to pay £800 and I do?.....

[daisypond]

It’s nothing to do with the upstairs neighbours. It’s your flat. The problem is your insurer, not even their insurer.

[TableFlowerss]

@daisypond

I should have said- it was £1000 originally but my excess was £200 so my insurance paid the £200 but of course they aren’t going to pay the rest. I assumed their insurance would

Isn’t that the wrong way round? The excess is what you pay -200- and your insurance company should pay 800 for the work.

That’s how I thought it worked and it would if it was my tenant that caused the damage.

So in theory I shouldnt have to pay anything as it wasn’t my fault. So they have me £200 towards the £1000 and supposedly the other insurance company should be paying the £800 because it was their customers fault

[TableFlowerss]

@daisypond

It’s nothing to do with the upstairs neighbours. It’s your flat. The problem is your insurer, not even their insurer.

Yeah but my insurance company aren’t going to pay me the £800 either way as it wasn’t my tenant. Must be some loophole. Terrible. So i assume they’d fight it out with the other insurance

[AgentProvocateur]

You claim off your insurance so YOU pay the excess of £200 and your ins company pays the rest. It’s then up to your ins company to claim off your neighbours’ ins company or not. That’s how it works.

[wishywashywoowoo70]

If you're claiming through your insurer why haven't they repaid you the whole 1k then gone after the other insurance co?
I'd be chasing them to do this tbh and let them get the money back.
They've no incentive to chase money they haven't lost.

[Northofsomewhere]

While the upstairs neighbours are to blame for the damage they fulfilled their end by giving you their insurance details. It's no longer anything to do with them (and accidents do happen), it your insurer who is taking their time and is in no rush.

It sounds like they've already paid you something which is good, could you use that in your favour? As in they've admitted there's an appropriate claim so they should pay out the rest? Do you have it in writing that they told you to fix it yourself?

I also agree with @TeaAndHobnob, 3 times in almost a year is not enough, keep calling and ask to put in a complaint if your claim isn't progressing. That normally puts a time limit on for a response and resolution.