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hullstorage

Help with Secondary Flood Claim ***WON***

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Hi all, i will explain my issues as much as i possibly can.

 

Sorry bit long this one

 

I filed a claim with Zurich back in October 2008 for possible secondary flooding damage as a result of the major floods in Hull back in 2007.

 

Upto date the loss adjuster Cunningham Lindsay have sent various companies in to establish the true cause of damage ( in their words ).

 

1. Sent in Chem-Dry

Who reported major moisture in all of the ground floor walls.

 

2. Sent in a building inspector from ROK Builders

He also reported the same but explained that they could not confirm if the damaged caused was a result of the floods.

 

3. Sent in another building inspector from ROk builders to quote for the works.

He stated that he could tell that the damage was that of secondary flooding

 

4. Sent in a company to measure all the floors on the ground floor.

We then received a voucher of some sort for £1700 for replacement carpets and laminate flooring.

 

Thought all was going well until we received a letter from the loss adjuster.

 

They stated that the inspector from ROK could not determine that the damaged caused was that of secondary flooding and that they have appointed a Surveyor from Tomasons of Leeds to inspect the property.

 

He reported that the damaged caused ( and was always noted by him as "my opinion") was that of faulty Damp Course, inadequte ventilation to the subfloor due to lack on ventilation bricks not installed, historical movement of the property, susidance of the property which has caused damage to the DPC.

He also stated the the mouisture in the Joists where caused by a lack of ventilation in the property.

At the time when he came he told me that there was plenty of ventilation as he took up a small peice of floor board and said to me "can you feel the air coming up, so this means you have plenty of ventilation".

May i re-state he always used the words "it is of my opinion?"

He also spent about an house upstairs, don't know the hell why?.

 

Any way i disagreed with this report and the loss adjuster said i can get my own report at my own cost, which was just short of £300.

 

He stated that indeed the property had suffered secondary flooding and that the subfloor was contaminated "raw sewage", this would explain the musty smell.

And that all the joists he had inspected had tide marks on them from where the water had rised.

He also reported that the ventilation was fine but advised may one or two more would be better and that the DPC was fine.

 

I also sent them a letter from Hull City Council as we have a Renovation Grant that started in Janurary 07 and ended in Nov 2007, they reported that the property was recorded as dry in Jan 07 but that moisture was recorded in Nov 07 but not enough to warrant any further work.

The report from Hull City Council also reported that the Damp Course was also fine.

 

So any way, i am still waiting as to the responce from the insurance comanpany as how they wish to now handle the case.

 

I just hope that this is not going to drag on by them sending somebody else in then me having to send somebody else in.

 

At the end of the day the nasty smells, bubbled plasterboard, sockets hanging off the wall etc.etc.. have only appeared after the floods.

 

I have now issued a formal complaint the the Financial Ombudsman as i just want this sorted, why should we have to live in a house that stinks and in my eyes dangerous when they are basically just trying to FIB ME OFF, as they have done with they other neighbours down my street.

 

Oh yes one other major fact, why have both the houses nextdoor to me had all their houses repaired because of secondary flooding.

 

They both moved out of their properties and now moved back in!!.

 

There are also about 4 other people having simliar problems with their insurance companies, they to are being told "You have faulty DPC".

 

Any advise please as anything else i could do and where do i stand.

 

Appolgies for any spelling or grammer mistakes rushing this one out while at work and being very "P****D OFF"

 

Regards,

 

Simon

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Guest Old_andrew2018

To be quite honest you are going down the right track, as I assume you have received a final response from the insurance company who have escalated your complaint vis the FOS.

 

If you look at insurance threads you will see that many try to avoid their responsibilities in favour of increased profit.

 

Andy

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The FOB are sending out the letter of complaint tonight.

 

The only worrying thing is that if they have the money to carry out further inspections, i dont.

 

simon

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Guest Old_andrew2018

Well IMHO the independent report you have commissioned will be taken into consideration, i am sure the FOS will see through the insurance companies attempts to make a case to allow them to reject your complaint.

 

Andy

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lets hope so!

this just seems like a never ending story

I have explained that my 2 children suffer from ashma and this seems to have worsened over the last few months, i beleive this is because of the state of the house.

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Just had a response from my loss adjuster who have stated that the Zurich do not still beleive that the property has suffered secondary flood damage.

 

Even though they asked me to get my own surveyors report before they would do anything else.

The report clearly states that the property has flood damage and sewage underneath the floorboards and tide marks on the joists

 

How have they read this report to tell me that it is not flood damaged and they are closing the file!!!

 

I am awaiting the letter from zurich and i will add the comments on here later

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No cover - end of story. Previous Insurers should deal but I assume judging by your post, you had none. Insurers are customer friendly at start of claims and will provide quick service to investigate the problem. These people tend to be front line and not the people who need to make decisions. You didnt have to claim and the proximate cause is Flood - the Flood happened before insurance was taken out = no cover. The problem you have is that Insurers arent 'old school' and shouldve told you on the first call to go away - of course you would have complained - but then a Loss Adjuster would come out etc and say the same. You didnt have to claim!!

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I am now trying to claim from my previous insurer.

They sent out a loss adjuster who has since sent me a letter stating basically they have lookek at Zurich case files and also beleive that there is a problem with the DPC ( damp course ).

 

They have not even bothered to send anybody else in even though Zurich have now stated the the flood water has entered my property and touched the joists, this means that flood water has breached the DPC in anycase.

 

I have now got a Solicitor involved whom belives i have a strong case.

 

The story continues??

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I am now trying to claim from my previous insurer.

They sent out a loss adjuster who has since sent me a letter stating basically they have lookek at Zurich case files and also beleive that there is a problem with the DPC ( damp course ).

 

They have not even bothered to send anybody else in even though Zurich have now stated the the flood water has entered my property and touched the joists, this means that flood water has breached the DPC in anycase.

 

I have now got a Solicitor involved whom belives i have a strong case.

 

The story continues??

Hi - hope you dont mind but I am interested in the outcome as I am in a similar situation with Hull secondary flooding.

Thanks

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Hi - hope you dont mind but I am interested in the outcome as I am in a similar situation with Hull secondary flooding.

Thanks

 

 

Hi there, funny you should ask but we goto trial next Thursday...cross fingers

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Please let us know the outcome, did you stick to the court route or go to the FOS first?

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I approached FOS first, but they where very very slow.

 

I then apporached Neill Hudgell Solicitors, so they are both fighting.

 

FOS TOO, TOO SLOW took nearly a year just for a reply over something trivial.

 

I will let you know how I get on, do you live in Hull??

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Hi - hope you dont mind but I am interested in the outcome as I am in a similar situation with Hull secondary flooding.

Thanks

Thankyou for the reply - I can't believe that it is still not sorted - poor you!

I am just starting my claim as my house was rented out at the time and the tennants told me that the house was a little flooded but all ok. Unfortunately it now seems that the damage caused was massive but not noticed until years later as it was ceramic kitchen floor tiles. The floorboards and joists have gratually rotted away to the point of having the whole thing ripped out and replaced - what a nightmare!

I will keep you posted

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THIS IS NOW A TEST CASE

 

We hope that this case will help everybody who are in the same situation as we where!

 

The courts ruled in our favour and this is the first case for secondary flooding to go to trail.

 

Costs Awarded: £8000

Legal Fees Awareded: £210,000

 

Good luck everybody who is fighting their claim for secondary floonding, this has been a long 4 year battle what seemed at times to be a David and Goliath case, but we can say that we beat them!!!

 

It is not about the the money but was indeed about the principal!

 

Massive thanks to all of my legal team that was involved from Neil Hudgell Solicitors in Hull, you did us proud!

Quote from Barrister "Biginsurance companies throw their money and weight around to try and put peopleoff."

Also a big thanks to John of John English Surveyors for all your time and effort in this case.

 

This could have been easily settled in my opinion without all of the hugh Legal Fees involved.

 

Simon and Louise

Good Luck!!!!

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contact Neil Hudgell Solicitors Hull and quote my case, I am very sure they will help you as they have helped me!

 

regards and good luck!!

 

Simon

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Well done with your win, I've changed the thread title to reflect it. ;)

 

I must admit I'm shocked at your experience, I too am from your neck of the woods and was flooded but my experience was the total opposite.

 

We had the same loss adjusters but different insurance company. In fact C&L picked up on things we'd missed and added things to the contents & buildings claims we hadn't even thought about.

 

At the time they couldn't provide a builder so accepted one that I suggested & I oversaw the work myself. I just 'phoned up C&L periodically to get them to authorise payments in various installments as the work progressed. I obtained a 5 berth caravan which the insurance company paid for because we couldn't live in the property & when the building work was completed 9 months later C&L told us to keep the caravan.


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That's a great result, well done for persisting.

 

I'm sure your thread will inspire others who are having similar problems.

 

My best, HB


Illegitimi non carborundum

 

 

 

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If it is a test case then surely the insurance company will appeal it - especially given the ridiculously disproportionate fees racked up. I know i would...

 

Have they?

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THIS IS NOW A TEST CASE

 

We hope that this case will help everybody who are in the same situation as we where!

 

The courts ruled in our favour and this is the first case for secondary flooding to go to trail.

 

Costs Awarded: £8000

Legal Fees Awareded: £210,000

 

Good luck everybody who is fighting their claim for secondary floonding, this has been a long 4 year battle what seemed at times to be a David and Goliath case, but we can say that we beat them!!!

 

It is not about the the money but was indeed about the principal!

 

Massive thanks to all of my legal team that was involved from Neil Hudgell Solicitors in Hull, you did us proud!

 

Quote from Barrister "Biginsurance companies throw their money and weight around to try and put peopleoff."

 

Also a big thanks to John of John English Surveyors for all your time and effort in this case.

 

This could have been easily settled in my opinion without all of the hugh Legal Fees involved.

 

Simon and Louise

Good Luck!!!!

Hi

Thats really great news - congratulations - my claim is going nowhere as the insurance company are digging their heels in saying that they should have been contacted within 30days of the flooding and so will not even send out an insurance assesor to see the damage.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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