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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I claimed against my house insurance 4 years ago when the waste

Resolved Question:

I claimed against my house insurance 4 years ago when the waste pipe had came off under my bath my kitchen ceiling came through and there was damage to my wood floor the insurance company payed out .... On the 10/2/14 I left a bath running forgot about it went shopping came home to find water on my floor and water pouring through my kitchen ceiling now my insurence company are saying that because the flooring looks the same on photos from now to photos from then they say I didn't ever get it repaired after the first flood I'm in the process of getting copies of bank statements ect but I payed the contractor in cash I am a foster carer and have monthly visits from my link worker who can verify the floor had been repaired I am both angry and upset at this accusation what can I do
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.


Joshua :

Do you have any documentation from the contractor that repaired the floor or still have his contact details please?

Joshua :

Did you obtain a receipt for the work from the contractor?

Customer: I am looking for it I am positive I did
Customer: the insurance company sent their own people in after the work was carried out to do the painting and decorating
Joshua :

thank you. Do you recall with the insurance company sent a loss adjuster previously for the first claim?

Customer: Yes the loss adjuster came out to handle the claim straight away and because I had not long had the wood flooring put down she suggested that I get the original contractors that put it down as the insurance contractors didn't have an account at the place where my flooring was purchased
Joshua :

Thanks. Did they come back once the work was completed or not?

Customer: No just the contractors from the insurance company
Joshua :

thank you. In order to rebut the insurers position, it will be necessary to demonstrate on the balance of probability that the floor was originally replaced. the reason for this is that perhaps obviously, if the floor was not replaced as the insurer claims, then the present claim would constitute a double claim for the same damage the insurer would be entitled to reject as it is attempting to do so.

Customer: The email I received today said he believed I never got the floor repaired I am devastated
Joshua :

The test of balance of probability is not difficult to satisfy. It is not the same as beyond reasonable doubt as applies in criminal cases and therefore providing you can find some evidence to support the fact that the floor was replaced, ideally an invoice or evidence of payments or failing which confirmation from the contractor that carried out the work, then this should be satisfactory in terms of satisfying the balance of probability test

Customer: Ok thank you
Joshua :

in the hopefully unlikely event that you can find nothing to support your position, you may be able to seek statements from friends or other third parties that have knowledge of the replacement of the floor. as to such evidence is you can obtain, you can submit this to the insurer together with your a statement that the floor was replaced the approximate time the work was carried out, and ask that the insurer reconsiders its position. If the insurer continues to refuse you can raise the matter as a formal complaint with the insurer. . If you remain unsatisfied with the insurers position, you can escalate your complaint to the financial ombudsman who can independently determine the matter. . Decision is binding upon the insurer though it does not bind you

Joshua :

www.financial-ombudsman.org.uk/consumer/complaints.htm

Joshua :

there is no charge for the ombudsman's service.

Customer: Thank you so much you have been most helpful
Joshua :

pleasure. I hope you can find some evidence to support your position which I am sure you will be able to consult your records all failing which contact the contractor that carried out the work.If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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