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16th September 2007, 19:40
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#4 (permalink)
| | Basic Account Customer | Re: Dispute with home insurance Hi Flavio
It does seem extreme that you have had to wait for so long for hot water again, how have you been managing?!! If the boiler was repairable, then the insurers are usually (dependant on the policy) obliged to repair if this is an option, rather than just replace. Sometimes, it does take a while for parts to arrive etc, but as long as the insurer (or their representative) can prove they did everything in their power to obtain them quickly, then they can't be held at fault.
However, as you state, they lost your paperwork & the part was never ordered - I would count this as severe inconvenience, & feel you should be compensated for this. I think that the insurers should pay the cost of the replacement boiler (after all, you are only claiming for a dmg'd item, you are not financially benefiting from claiming - note that they will only pay for a replacement on a like for like basis though, if you have upgraded your system, they will only pay for replacement of an equivalent boiler). I am presuming that you have made this claim under your buildings insurance policy, & most household insurers outsource repair works to nominated contractors - if the insurer has to pay for a replacement boiler, when the liability was only initially a repair, then the additional cost to the insurer can be recovered from their representatives after they have settled your claim - but this is a side issue.
Re compensation, if you have been without any hot water for 6-months, & this was due entirely to the negligence of the insurer or their representative, then i would agree that you are entitled to financial compensation (although the insurer may argue that paying the cost of a replacement boiler is compensation in itself) - I would imagine that the FOS will deem a reasonable sum to be somewhere in the region of £300-£500, I doubt they will deem £2k a reasonable figure.
I hope this helps a little, without knowing the full facts it's diffcult to give solid advice. Good luck & let me know how it goes. |
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