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A fire in an adjoining garage damaged the roof of my garage and I have been told by the Insurance Loss adjuster that I have to prove negligence to claim from the other party. Can this really be true?

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They are [causing problems] you. How did the fire start? If a fire occurred in my neighbours property and I had damage I would be looking to claim on their insurance. I am betting this 'statement' was made verbally as they would NEVER put it in writing. If that is the case call their bluff and write to them saying that Mr XXX from you company told me XY& Z.... "is this true?" because i do not believe it. Please put it in writing so I can hold your professional opinion to account otherwise please tell me that I can proceed to get quotations to put right the damage and tell you about my other losses (if you have any eg loss of earning from staying away from work.. that sort of thing.

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A fire in an adjoining garage damaged the roof of my garage and I have been told by the Insurance Loss adjuster that I have to prove negligence to claim from the other party. Can this really be true?

 

Yes the loss adjuster is correct. To be able to claim against the operator or owner of the adjoining garage you would have to prove negligence. I presume the fire service attended and if so they have provided a report stating the cause of the fire ? You should check to see whether this is the case and how you can get hold of the report, if one exists.

 

If you cannot prove negligence then you will have to claim off your own Insurance and then your Insurers will make enquiries to reclaim their outlay to you from the third parties Insurers.

 

In these circumstances, it is alway best to claim off your own Insurance and to let them deal with it. If you don't have Insurance, you will have to make your own investigations and perhaps employ a solicitor.

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Second that, they are right. I'm sure if your insurers can get their money back they will have a go, but no point beating around the bush, they are right to be straight up with you.

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Hi, They run a domestic cleanig franchise from their property which they rent and were operating at least one tumble dryer in the garage 24hrs a day which caught fire. I claimed on my insurance but the loss adjuster claimed that I was underinsured for rebuild costs . The total repair was £3360 and I had to pay £1600. Future premiums have doubled for perhaps 5 years The other party have denied they operate the business from there but that is a lie. If a fire started on my property and damaged somebody elses I would assume it was my responsibility Thanks for your interest

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  • 3 weeks later...

It hardly seems fair justice when they are running a domestic cleaning business from the house and one of their machines catches fire that someone else suffers a loss.

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It hardly seems fair justice when they are running a domestic cleaning business from the house and one of their machines catches fire that someone else suffers a loss.

 

Get your own back. Make a complaint to the local council authority, as they would have needed permission to use the garage for business purposes.

 

Also have they paid tax on their earnings. An annoymous tip off to HMRC.

 

If these authorities receive a complaint, you can remain annoymous, unless asked to be revealed by a judge in any court proceeding.

We could do with some help from you.

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