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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.
Do you have any documentation from the contractor that repaired the floor or still have his contact details please?
Did you obtain a receipt for the work from the contractor?
thank you. Do you recall with the insurance company sent a loss adjuster previously for the first claim?
Thanks. Did they come back once the work was completed or not?
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.
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
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
there is no charge for the ombudsman's service.
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.
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