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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I have a claim for repairs & replacement of a shower cubicle

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I have a claim for repairs & replacement of a shower cubicle following a leak behind the shower. I have received an offer from the insurance broker but still have a dispute on replacement of a shower pivot door & side panel. They are claiming it is betterment as the old one was discarded as the contractor said it would take too long to remove the residue silicone & the manufacturers don’t recommend re-installing the old door & panel. Can I still ask for the pivot shower door to be added to the settlement offer?
Assistant: Where are you? It matters because laws vary by location.
Customer: Berkshire, England
Assistant: What steps have you taken so far?
Customer: I have sent several emails back & forth to the Insurance broker, but the best the can add is £85 but the pivot shower door & panel cost £290
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The contractor who installed the shower thinks I have a case & asked me to refer to ombudsman

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

It would be a case of asking the contractor to prepare a report to support your case and then you should make a formal complaint to the insurer and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response.

Once you have the deadlock letter the next step would be to escalate this to the Financial Ombudsman Service - they will investigate and liaise with the insurer which would hopefully result in a resolution of this claim. They can order the insurer to make a financial award for inconvenience if they have acted badly.

The service is covered by the Consumer Rights Act 2015 so you have a right to expect a reasonable service (from your insurer) which is carried out with care and skill - if you do not then the regulator will step in but it also means you can sue for any damages or losses incurred as a result of the insurer's conduct.

You can make the complaint here : https://www.financial-ombudsman.org.uk/consumers/how-to-complain

If the Ombudsman upholds your complaint then the insurer will likely agree to the shower door and panel cost. If not then you have the option of suing the insurer on the http://www.moneyclaim.gov.uk site and use the contractor's report to support your claim.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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