Hi there

I was after some advice relating to an insurance claim I've currently got going through. Last week I noticed damp in my back room that had affected the plaster, skirting board, carpet and window frame.

I've had a couple of builders out to have a look at it and both pointed the blame at next doors overflow pipe - it looks like it has been blocked and over a long time the water has caused damp and moss to grow on the outside of his and my wall.

I thought this would be a simple Insurance claim but both builders doubted that the insurance would pay out as they would put it down as general maintenance. So is this correct? I find it hard to believe that I'll have to pay out for the repairs when it was my neighbours overflow pipe that has caused the damage?

I've only just registered the claim with the insurers and am waiting to hear back from them. I'd appreciate some opinions in the meantime?

MTIA

Mark

Hello there, welcome to CAG.

There's a specialist insurance forum here, with people who know about this sort of thing. I'll ask the mods to move your thread there so you get more replies.

My best, HB

I agree with the builders. Unlikely to be a claim against your own policy, as it is a maintenance issue, caused by the neighbours. If you read your policy, it will exclude damage caused by a gradual process that could have been stopped, if you had arranged for your neighbour to fix their overflow.

If your neighbour has had a plumbing issue causing water to affect your property, you might be able to pursue a claim against the neighbour directly. If your neighbour has Home Insurance, you might be able to make a claim against their liability cover. If you have any legal expenses cover under your own policy, you might be able to pursue it using that. This would include having to write to the neighbour pointing out the problem and that you are seeking compensation from them for the damage. They would then have to pass such a letter on to their Home Insurers. If their Home Insurers dispute the claim, it is possible that your neighbour could be threatened with court action.

The easier solution would be to work with your neighbour to deal with the situation between you Most people would prefer to do that, rather than go down the legal route.

edit- Depending on the policy you have, the Insurers may consider covering some internal damage under the Accidental Damage extension if you have that, subject to the excess. But many Insurers will no longer do this.

There are potential's. It could be considered under the escape of water peril, if your wording does not state the escape has to come from your own property, why not? the downside is the gradual issue as stated by UB67. The argument against this is that you were not aware of the gradual issue, nor could you do anything to resolve (as it's not your pipe) the issue was attended to when first reasonably noticed.

The other potential is Flood, in it's losest sense it could be considered under this, this is of course without knowing the extent of the damage (i.e how much water).

And of course the accidental damage cover.

You also have to consider if your neighbour is liable, did they know about the leak, did you being it to their attention and do nothing about it? this would be neccesary to prove negligence.

good luck