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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23354
Experience:  Senior Partner at Berkson Wallace
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I damaged the property of a neighbours flat below mine when

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Hi, I damaged the property of a neighbours flat below mine when my large fish tank burst. Seems my neighbours insurance will not pay out on her contents insurance because the damage was caused by flood. My neighbour has presented me with a list of damaged property with new for old prices included. My understanding is that I’m only required to put my neighbour in the position she was before the flood. I think the term used is “betterment”.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No.
JA: Where is the flat located?
Customer: The flat is located directly below my flat. Structural damage is been repaired by landlord.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks.
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 7 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

The neighbour does not have to claim on their insurance whether they have it or not.

I’m sorry to say that your fish to and therefore, it’s your responsibility.

You may be insured for yourself but it’s up to you whether you put this through your own insurer or not.

Very often, it isn’t possible to replace old for all although if some of the stuff is at the end of its life, it will be grossly unfair for them to get new as happens with an insurance policy. You would therefore argue “betterment” and you would pay them a reasonable amount based upon the age of the items.

Ultimately, as you quite rightly say, the “victim” is entitled to be put back into position that they would have been had the incident not occurred.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

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