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Jenny, Solicitor
Category: Law
Satisfied Customers: 6428
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My house was flooded out in the front room and hallway ,due

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my house was flooded out in the front room and hallway ,due to new neighbours next door not connecting a radiator pipe properly,i have accepted all monies in payment of damage but the insurance company has not refunded my excess of £500, insurance company is legal and general and they are also next doors insurance company as well. they say this is a recovery action claim for the excess and case is still open [this happened in September last year ] . this damage was not my fault ,also they are saying that my premium this year will be affected .what action can I take if any for the recovery of my 500 pounds
thank you
***** *****
Hello my name is ***** ***** I am happy to help you today. Have they explained why this was not recovered as part of the claim against the neighbour, if so what was the response?
Customer: replied 2 years ago.
They have said this is always the way when it's no ones fault and a accident -
Ok the answer to this depends on the terms and conditions of the insurance contract with the insurer. You need to ask your insurer to point to the clause that allows them to retain the excess. You should also say that you do not accept that this is a no fault situation as the issue was caused by a failure to properly connect a radiator on his property. It is therefore not a no fault accident. You should also then lodge a complaint using their internal complaints procedure. If this does not result in the outcome you want then you can lodge a complaint with the Financial Ombudsman who deals with complaints about insurance issues ombudsman can make a determination about whether the insurer has the right to keep the excess. If you have any further questions about this then please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Hello is there anything further you would like to know about this as I can see that you have not yet rated my answer which is an important part of the process?
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Customer: replied 2 years ago.
i have been in contact with legal and general ,they have told me that the case is still ongoing and that they have received back from neighbour there liability claim form ,which now has to go from the liability team to the recovery team which is a different dep.
i have told them that i have taken legal advice,they have said that these cases do take a long time .[i suggested they take on more staff as i am not very sattisfied with the service given to me .
i have said that i would give them another 2 weeks to reply, upon the out come of that reply would mean what legal action i would take further .
they were very vague about the question of where in the contract they could withold the £500 excess even though it was not my fault.
at this time i have to play a waitin game ,unless you know better
thanking you
That seems very reasonable. Good luck with it.