AIBU to refuse to pay NDN £1000?

[SavBlancTonight]

We live in an area with clay soil with a well known subsidence issue, exacerbated currently by weird weather of the last few years. Our house is one of many in area currently being investigated for subsidence issues, via insurance company. We have bushes/trees on our boundaries at the front and certainly, the roots are clearly causing some problems although exactly how much or what they will do to sort is still unclear.

Ndn is also having some minor signs of subsidence and has started similar investigation via his insurance company. They have come round today and confirmed that on his side, yes, the trees/bushes' roots are causing some issues with pipes etc underground. This is first step in process and a report will be prepared.

NDN has suggested that as the reason he has problems is our bushes, we are personally liable for his insurance excess of £1000.

I say, 1) it's entirely not clear that our bushes are responsible at this v early stage in investigations, and its very unlikely they are solely responsible 2) even if they are, this is not something we have personal liability for. The bushes have been there for years- long before we moved in. But even if he has a case, it's for our insurance and his to fight it out. If it is decided that somehow we are liable, our insurance may agree to pay out. But we are not personally required to pay his excess?

I mean, isn't that what insurance is for?

YANBU and if you paid it I suspect your ndn would then say you had taken responsibility for the subsidence. They may then come after you for more. Having such a high excess was their choice when they took the policy out.

Tell him you'll wait for the insurance report. Don't pay up, he's chancing his luck and will come after you for more.

He's trying it on. Tbh shy bairns get nowt, but still trying it on. Tell him no...sorry. these types of people just look for a foot in the door to rinse you imo.

On plus side, I don't think he would expect it upfront. More like he'd laying the groundwork... "we have subsidence, it's your fault, so once we make the claim you will have to oat us £1000".

Dh seems to think he has a case. But dh is a total People pleaser and it infuriates me as he gets taken advantage of as a result. Often to the detriment of the rest of us.

he chose to have insurance with a £1000 excess. so he gets to pay the excess. that is how insurance works.

It's up to your own insurers to decide if you have caused their problems.
Leave them to decide. Don't pay them anything until it's been resolved.

Don't give him any money or say anything to him, whatever the report says. Just pass everything onto your own insurance company. As PP says, giving him money may be taken as an admission of responsibility and in the worst case scenario could potentially affect whether your own insurance pays out.

And even then, your insurers will deal with payments.

I've been through this, no you're not liable for paying his excess. That's crazy! If NDN's insurance company's report says that your trees/bushes are responsible for his subsidence, then you are responsible for removing them (organising for it to be done, the cost involved). However you could claim on your insurance for this if you wanted.

Our neighbour refused to cut down their tree and our insurance company ended up taking them to court to make them.

Subsidence excess is usually around £1000 - you all might want to check your own home insurance policies.

Also his insurance company will contact you directly to let you know what NDN's report says if you need to be involved. Wait for that to happen. Don't speak about it with NDN.

You need to get your insurance company involved. If you pay him a thousand pounds you may be admitting liability.

Our neighbour has come at us via a subcontracted company her insurance company has hired to tell us our tree is making her extension crack. We have instructed our legal cover through our house insurance to sort it out. Which they are (very slowly) doing. We are happy to take the vegetation down but the assumption is they will pay for it and the subsequent costs of replanting with suitable plants. I have no idea if that is what will happen but I believe that’s what we’ve put forward.

Yes, I said to dh I imagine that either his insurance company or ours is probably going to have to take the trees down and we would have to give permission, which we absolutely would. I also pointed out that the chances are that our insurance company is already planning to remove them as part of our subsidence claim so it's silly to be getting worked up.

But either way, if ndn has to have any additional work done, and make a claim on his insurance, dh and ndn think we have to pay. I also told dh that it's entirely up to our insurance company to duke it out with him...

Realistically, based on progress on our claim, the trees ate likely to be a contributing factor but not the only factor.

Pressed send too soon.

I can see our insurance company being responsible for the trees and taking them all down. But either his damage is minor and that's fine or he has additional issues and his insurance company will have yo sort. I don't my insurance company will say, "yes, because the trees were part of the problem we will now pay for your entire subsidence issue".

We paid for fences at the back. He told us they were our fences. We were dumb and trying to be helpful and we paid. I don't think he was purposefully trying yo screw us, but I do wonder sometimes if he did actually know they weren't.

@LadyTemperance @parietal most insurance policies have a £1000 excess for subsidence, it is completely separate to other claim excesses and not usually a choice to be able to reduce.

I honestly would stop conversing with him about it and let your insurance company liaise with his. It’s what they are for!

My dh is the same and it drives me round the bend. I try to make sure I deal with tradesmen instead of him. He thinks I’m terribly harsh on said tradesmen (for making them do the job they are meant to do, because DH would do half the job for them / let them get away with poor work).

No you are not liable for NDN’s policy excess. Cheeky bugger. Don’t enter into any conversations with ndn, tell him it’s all for the insurance companies to sort between them, which it is. Tell DH he MUST NOT talk to ndn about it. The last thing you need is him making sympathetic or conciliatory noises which will make ndn think he’s got a foot in the door. NDN might also start saying DH admits liability and has agreed to pay.

I don't my insurance company will say, "yes, because the trees were part of the problem we will now pay for your entire subsidence issue"

Your absolutely right. His insurance company will cough up for any work that needs to be done on his house because of the subsidence. It doesn't matter what the cause of his subsidence was. He has to pay his excess, because that's the terms of his insurance.

Don't pay him any money!

It doesnt sound as if the neighbour is your most pressing problem. It's your bloke you need to have a stern word with so he doesn't do anything stupid.

1. Speak to your insurer, they will tell you to stop debating it with him
2. Terribly sorry NDN, insurer says we must not speak with you about this and let them handle any conversations [repeat]
3. If you put up a fence and have receipts, then it is still your fence. NDN can add his own fence to maintain the boundary if he wants, or ask you to take it down if it's encroached on his land. Most people avoid responsibility to avoid taking on maintenance, nobody can nick a fence someone paid for.

£1000 is the standard excess for subsidence issues. I've yet to take out a policy where that was not the case. You can reduce premiums for other items by increasing your excess but the subsidence excess seems to be fixed.

You are not responsible for his insurance. The reason he a high excess is to reduce his yearly premiums. He’s trying it on.

Absolutely hilarious to read everybody claiming this is a high excess. It isn't. It's standard. Look at your own policies.
But he's been a CFalright. Ignore op. And tell dh to keep his do gooding mouth tight shut 😬

Yup, £1000 seems to be standard. Its what we will be paying on our side.

I have no idea whether in subsidence claims if its considered our fault our insurance would pay his £1000 - seems unlikely- but I am 100% certain that we do not have to pay it out of our pocket.

Tell him (and DP) the insurance companies will sort it out and obviously you won't personally be paying anything to him - that's what insurance is for.