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The cost I provided was for new items. This was requested by Axa. It will obviously be a lot less for replacement items. It's difficult estimating the value of things if I can't find them on sale second hand. 

The lock up is about 600m from my home as the crow flies. I do not have insurance on the lockup. ironically my own home insurance is with Axa 🤣

Many of the items on that list were removed by the specialist asbestos removal company so impossible to inspect although I do have some photographs of the large items. The smaller items were bagged up inside the lockup and removed so I only saw red plastic bags removed. A list was provided by the company of items removed. 

I have no idea what insurance the Gardener has. He promised he would provide this information to me but never did. Then he just ignored my calls and letters. I found out the name of his insurer  through his insurance broker.

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So the lock up had asbestos roofing panels?

 

And a specialist/qualified asbestos  removal company  said that as a result of the gardener putting his foot tthrough the asbestos roofing your property was contaminated by asbestos and had to be destroyed?

 

Who instructed the asbestos removal company to remove and destroy your property? The local council? Are they the landlord/owner of your flat and the lock up?

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If the lockup garage is connected to your flat in any way and your Home Insurance covers an outbuilding Contents you may be covered. It is not unknown for people living in flats to rent a garage some distance from their flat. 

 

Ask the question of AXA and see whether your Insurance policy with AXA will help or not.

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53 minutes ago, Ethel Street said:

So the lock up had asbestos roofing panels?

 

And a specialist/qualified asbestos  removal company  said that as a result of the gardener putting his foot tthrough the asbestos roofing your property was contaminated by asbestos and had to be destroyed?

 

Who instructed the asbestos removal company to remove and destroy your property? The local council? Are they the landlord/owner of your flat and the lock up?

 

The gardener's public liability insurance should cover this - except I don't suppose he has any, does he... ?

 

I'd sue him.

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The lock up is owned by my local Council. I've rented it for the past 10 years or so. It has corrugated asbestos roofing panels which I've recently learned aren't dangerous unless disturbed. Falling through them obviously made them dangerous.

I already tried to seek help through my own insurance at the time of the incident but they weren't interested. 

 

The gardener must have had insurance as Axa accepted liability with the council to have the roof repaired but don't accept liability with me. I'm guessing they wouldn't mess with the councils legal team but see me as someone they can brush off. 

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How do you know Axa accepted liability in respect of the council's roof?  Who told you?

 

If they've accepted liability in respect of the council's property, they should for yours I'd have thought.  (If they've accepted he was negligent getting onto the roof, I don't see the problem.  If it was foreseeable he would fall through the roof - and corrugated asbestos roofs should be marked along the lines of "Fragile - Dangerous - Do not stand on" or similar - then it's equally foreseeable he would damage or contaminate property in the lockup under the roof).

 

If you want to recover your losses I think you'll have to sue him.  See what his insurers do then.

 

See what other posters think.

 

 

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Unless that source is employed by either Axa or the council, and was involved in the claim, it's difficult to see how anybody would know what happened.

 

would that source provide a witness statement saying that Axa had admitted liability for the roof?

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Posted (edited)
On 14/05/2021 at 00:19, Manxman in exile said:

Unless that source is employed by either Axa or the council, and was involved in the claim, it's difficult to see how anybody would know what happened.

 

would that source provide a witness statement saying that Axa had admitted liability for the roof?

Mate I've already mentioned I have a recording of my conversation with the gardener who admitted he was standing on the roof of my lockup and fell through. That's admitting liability.

How do I get prices for the damage to my property? Will I have to scour the internet looking for second hand prices? 

Edited by Argyll
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33 minutes ago, Argyll said:

Mate I've already mentioned I have a recording of my conversation with the gardener who admitted he was standing on the roof of my lockup and fell through. That's admitting liability.

How do I get prices for the damage to my property? Will I have to scour the internet looking for second hand prices? 

 

I think you've misunderstood.  You said that you knew that the insurer had admitted liability and had paid damages to the council.  I asked how you knew that.  The gardener may have admitted to you that "... he was standing on the roof of my lockup and fell through... ", but that is different from knowing that his insurer paid out to the council.  He may, of course, have told you that they paid out, but how reliable is he?

 

I would suggest that once you know his insurer admitted liability for damage to council property, and once you can demonstrate to his insurer that you know that, it will be more difficult for them to refuse liability to you.  Then you need to argue the value of the claim.  You will need to substantiate any amount you claim.  How you do that in your case I don't know

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1 hour ago, Argyll said:

How do I get prices for the damage to my property? Will I have to scour the internet looking for second hand prices? 

 Yes, basically that's what you have to do. In principle your claim is for what it would it cost you to replace them with second hand items of the same age and condition. 

 

Another way to approach it which may be easier or if you can't find second hand examples for sale is 'depreciated value. How long have you owned the item? How long would it be expected to last? What does a new one cost now? Then if an item would be expected to last 10 years, and you've had it 5 years, and new one would cost £250 now you could value it at 50% of its current new cost, ie £125 in my example. I appreciate that 'how long would it be expected to last?' can be a 'how long is a piece of string?' question often. All you can do is decide on something that most people (judges!) would consider a reasonable assumption. 

 

Valuing things for liability claims isn't an exact science! But generally speaking you only have to be able to provide a reasonable explanation as to why you came up with the value you are claiming, not prove it to the nearest penny.

 

Some things in your list like the strip light tubes I'm guessing were new and unused. In which case you should be OK to value them at their current cost to replace as new.

 

If something is an antique and repairable and wasn't destroyed you'd claim the full cost of repair and be expected to support that with a repairer's estimate/quotation.

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Posted (edited)

Some of you were asking how I knew the insurers had settled with the council. I couldn't remember but just found an email back in February where the insurer told me.

 

Quote

Good Morning,

 

We have dealt with a claim for damage to the roof and settled this directly with ***** Council. Please could you confirm exactly what you are looking to claim for and provide evidence to support your claim?

 

Kind regards,

 

Edited by Argyll
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