Can I make claim when policy expired?

[spot]

Bit of an odd one and I don't know enough about insurance companies other than they usually try and get out of paying.

 

My problem maybe someone could help with please before I approach them?

 

I was paying monthly for a House insurance buildings and contents policy. I ran short of cash and the DD bounced. they wrote a couple of times, but I didn't have the money to restart it. The policy expired in April. I eventually phoned this month to restart and they said they could not re start the older policy, but could provide a new one, but because the DD bounced I'd have to pay the whole year at once for the policy.

 

Now that's not the problem as such, the problem is that I just went up in the loft and found that a leak has been coming through the roof and onto the boarding up there and it looks like it's been there for months.

 

Can I make a claim against an expired policy as this must have happened whilst the policy was live?

 

Be handy to know this before I phone them.

 

Thank you

 

SPot

Edited July 4, 2012 by spot

[citizenB]

They will almost certainly say NO - that the policy had expired and you werent covered.

[spot]

So if I take out a new policy I'd have to make a claim from that one would I and say nothing about it? I try to be honest about things generally and if I'm honest then the problem occurred when the other policy was in place. By not saying anything I'm being deceiteful am I not if I claim on a new policy?

 

This will cost thousands to fix as it's up very high and the boards under all the tanks.

[citizenB]

I have been advised that if you were to pay for a survey and irrefutable proof was provided that the damage was caused at an earlier date - then you might win..

 

I cannot advise one way or the other how you were to approach any claim.. sorry

[BRIGADIER2JCS]

Any ''new'' insurer will query your record

with any previous insurers.

[spot]

Any ''new'' insurer will query your record

with any previous insurers.

 

I know that, but I have nothing to hide about that. I've made no claim or mentioned it to the old insurer anyway, that's why I was trying to decide what the best course of action would be. The honesty is this should be covered by the old policy, but being honest doesn't always get you anywhere.

 

A taxman once asked me how often I used my car for my business and how much personal use and I said apart from the time it spends in my garage at night I used the car about 80% for business that was the honest answer. She said she couldn't accept that for some reason so I said would she prefer I lied?

 

I like telling the truth, but as I say, it doesn't always get you anywhere so you have to play the system the way they want it.

 

Thanks for your contributions Brigadier and CitizenB, I think I know what I have to do now.

[Mwynci]

If you can prove that the incident happened when the policy was live, you may get away with some of the damage, what has been caused during the insured period. However you also have to consider you are not covered for gradual damage, just a one of singular incident, then proof lies with you proving when and how this happened, did it happen by an insured cause (storm, fire, flood accidentla damage if you have it). Quite a lot to consider, but if you can prove you know it happened during the period of insurance (I'm also assuming it's not void from the start), how it happened and can satisfy you didn't find out about it and had no reason to stop the problem until now you could claim.

[spot]

Well it's in the loft and I rarely if ever go up there. I've been clearing things out and went up to see what was up there and that's when I saw it, but it looks like one of those gradual things TBH as it must have been leaking a while, every time it rained I guess. I'm not qualified to know how long it's been leaking, but does one suggest, like the bank charges Limitation Act scenario, that the time begins from when you discover it, not from when the 'offence' (damage) began? It's not like a burst tank which happens in a one-off disaster, this has happened over time I'm sure. But I doubt there's any more damage now than a month or so ago or even three, there just a little more boarding damaged, but that'll need replacing anyway.

 

Would you believe these kinds of issues would not be covered in an all risks policy?

 

All because of a failed DD - drives me nuts. We have these policies for years, it's just when something like this happens to raise its head it coincides with a blip in the finance system..

[Old Cogger]

could of started years ago during which you were insured by another insurer, would be hard to prove actual time of incident if you get my drift.

 

also I had 4 tiles loose and replace only cost £40-50 by local builder, so if only isolated area see how much it will cost meantime.

[Mwynci]

It is as you put it like the limitations act, the peril ( the incident) has to be under the cover of insured, unless stated otherwise (i.e. I can not be sure as I don't have your policy in front of me). There are exemptions to issues like subsidence which cannot be pinpointed, but the movement to the property still has to be during the policy, rather than historic. You never know the boards may dry out, slightly warped and weaker, but not enough to affect you.

[TSx]

Your policy will generally cover you for one-off incidents. You would have to be able to argue that the roof was damaged by storm, and be able to prove it (the onus is on the insured to prove that an insured peril happened, the onus is on the insurer to prove that an exclusion should apply). Insurance won't cover anything gradual or caused by wear and tear.

 

Do you owe them any money for the previous policy?