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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My semi detached house has an internal water meter which leaked

Resolved Question:

My semi detached house has an internal water meter which leaked and caused substantial damage to the polished wooden floor.

I obtained estimates and submitted a claim to the Water Company and an offer has been made by their "Handling Agents"

The offer is for 70% of the repair cost and the Agent states 30% will be deducted in respect of wear and tear to the 12 year old floor.This despite the repair not being a complete replacement merely patching up of the floor. I do not consider the repairs will extend or diminish the life of the floor. All of the flooring new and existing will have to be sealed and polished

I, the innocent party am being asked to contribute some £1300 and the water company £3000. Apart from Quantum is the Agent entitled to do this.There are also other costs such as furniture removal, storage etc which will be paid on merit.

My sole wish is to have the floor reinstated. I have no wish to benefit neither do I wish to contribute. I accept that in polishing the whole floor there is bound to be some benefit but then there is also a lot of inconvenience.

Alternatively can I ask the Water Company to carry out the reinstatement to the pre-accident condition at no cost to me.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name is XXXXX XXXXX I can answer your question.

tdlawyer :

In terms of negotiating etc., you can seek to agree anything with the water company that you can both live with and be willing to accept.

tdlawyer :

In terms of the legal position, if you had to go to court, then if the water company is at fault here (which sounds like it given their offer!) then the Court would order the full value of the cost to restore the floor to its previous condition.

tdlawyer :

It might be that you would receive a windfall by a complete replacement, but you recognise that are are being fair and sensible about it.

tdlawyer :

The Court will do the best it can to ensure you dont get that windfall and that the water company doesn't get away with not rectifying the damage done to reinstate the floor to its previous condition.

tdlawyer :

Realistically, the best way to work out what is the best job that can be done/expected to be done is to get a loss adjuster to come in and have a look, or perhaps get quotes from flooring specialists to advise what is the best approach to be adopted.

Customer:

I have provided photographs demonstrating the damage. Loss adjusters appear to accept that what is being done is reasonable but seek to ensure their client gets the best deal and are determined to deduct for wear and tear.

tdlawyer :

Yes, it's a negotiating process really, but like I said, if you did go to court the court is likely to take into account wear and tear too if the quote is based on complete rectification with a new floor. This is because you would have the other unaffected parts of the floor changed too.

tdlawyer :

But it's always a question of fact and degree, it's not possible to say 30% deduction is fair or unfair.

tdlawyer :

The court will obviously want to stop either the insurer being penalised or you receiving a windfall.

Customer:

It looks like it's a matter of negotiation then.

tdlawyer :

In all honesty, it is! And this is what the court recognises too.

Customer:

Many Thanks

tdlawyer :

You're welcome. Are you happy with the service received today, and is there anything more I can answer for you?

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