No contents insurance and Neighbour taking me to court!

[m3shl]

My neighbour (who lives below me) is taking me to court for a replacement carpet and rug due to water damage from a leaking washing machine.

 

The buildings insurance covered the water damage to the ceiling but he had no contents insurance and ripped out the carpet even before my plumber arrived.

 

Surely his failure to purchase insurance to cover against accidents such as this should not be my responsibility to cover the replacement? I've made claim on my own insurance before and they sent out a carpet cleaning company who did a great job!!!

[Michael Browne]

I would have thought that whether he has insurance or not is immaterial, since the damage was due to the leak in your flat and therefore he is entitled to make a claim against you, which you in turn make a claim with your insurance company.

 

Having said that, he has been slightly premature in getting rid of the carpet, since now there is no evidence of how serious the damage was, or the quality, age and condition (wear and tear etc) of the carpet.

[m3shl]

I should have explained in full. I wasn't at home when it happened but had put the machine on in the morning. My neighbour told me about it in the evening so my plumber arrived the next day and couldn't find any leak when he got here. There was no spillage in my flat and the plumbers have put in writing that this is "rather suspicious" they went downstairs and checked his ceiling and I quote "..went downstairs and checked his hole in the ceiling and it doesn't look right. If the problem had occured the day before it would all be soaking wet but it isn't. There isn't any sign of water damage to speak of.."

 

Nonetheless, surely if you decide not to insure against risks like this then you are leaving yourself open to loss.

 

Do I accept this as a claim on my insurance and lose my no claims when there is no evidence to suggest that I'm actually to blame?

[Michael Browne]

Nonetheless, surely if you decide not to insure against risks like this then you are leaving yourself open to loss.

 

Yes, but only to damage/ accidents caused by oneself.

 

Do I accept this as a claim on my insurance and lose my no claims when there is no evidence to suggest that I'm actually to blame?

I would phone the insurance company and explain your and your plumbers suspicions that this is a fraudulent claim and ask their advice.