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Insurance claim help needed

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I wonder if anyone can give me any advice. We are private rental tenants in a property we have lived in for the last 10 years. We have contents insurance and our landlords have building insurance.

We were sitting in our lounge a few nights ago and a car came off the road at high speed and crashed into our house right through the wall of the lounge. A truly terrifying experience. He was insured, the police think he was unconcious due to diabetes blood sugar issues and this is what caused the accident.

We can claim for our damaged items through our contents insurance. My question is should we claim for our other losses through our landlords building insurance. They have offered to pay to rehouse us whilst the building is being made liveable in again or would it be in our better interests to go to an independant insurance assessor as there are more costs involved than just rehousing us? If so how do we know who to use? Has anyone used a company that they could recommend ?

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Hello and welcome to CAG. What a dramatic experience for you.


I'm sure some of our knowledgeable insurance people will know the answer to this. I have a vague recollection that the claim might be shared, but this isn't my field so please bear with us until someone in the know can get here.


My best, HB

Illegitimi non carborundum




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I could be wrong.. please be aware I have a negative view towards assessors. You can use an insurance assessor to make the claim against the motor policy, however if the accident was due to a blackout, the third party may not be liable for the incident and therefore you will be wasting your time. This will not be a quick process to resolve. With the buildings as it is not your building to be claiming against the policy, any offer of assistance is to help the landlord, not you as they have no liability towards you. Your rights under the insurance policy are restrictive, if any. Taking the insurers offer and getting a solicitor to deal with the uninsured losses not offered under the buildings policy or your contents policy may be a better solution.

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I agree that appointing a loss assessor may be OTT, as they will charge either a fixed amount or percentage of the claim value. Unless you have a complicated assessment of the value of your Contents and the value is quite high, it won't be worth it.


If you have removal costs etc, for having to move out of an uninhabitable house, you may be able to claim these, as part of your Contents Insurance claim. Speak to your Contents Insurers and they will appoint a loss adjuster to help sort out the claim. Always check with your Insurers claims department about the scope of the claim, as they are the ones who have control over the cheque book. Loss adjusters unfortunately are not always very easy to contact.

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The likelyhood of the driver of the vehicle that ploughed into the property maintaining a succesful defence on the basis of it being an involuntary act is unlikely. Such defences are notoriously hard to maintain. The cases on this point are Ryan –v Youngs 1938 CA, Waugh v James K Allan Ltd 1964 HL and Jones v Dennison 1971 CA. Basically, the driver will have to convince a court they knew that he had no health problems and had looked after themselves well.

If the driver was a known diabetic and he had low blood sugar then he will not be able to sustain such a defence and as such you wil more than likely succeed against the driver.

I would look to see if you have any legal expense insurance on your car, contents, credit card etc insurance policies as this will more than likely cover you to get legal representation to pursue your claim.

If not then I would probably claim through the drivers insurance company and let them go to the expense of getting a loss adjuster to assess your losses, however, I am with Mwynci on not having any faith as to them doing a good job and so any offer needs to be looked at and independent quotes obtained for any work/replacement items that are offered.

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