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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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Second opinion] I am dealing with a house insurance claim

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second opinion] I am dealing with a house insurance claim that has been going on for 2 years. They haven’t settled the claim yet. It’s due for renewal can they up the price this year.
JA: Where are you? It matters because laws vary by location.
Customer: Derby
JA: What steps have you taken so far?
Customer: They have been very slow and wanted to investigate further. 2 pipes that are plastic have just been fixed in front of the house. the accounts manager wants to talk too me which is strange
JA: Anything else you want the Lawyer to know before I connect you?
Customer: it’s a subsidence claim for a small porch they are not doing things in a straightforward manner and not being direct. The people I dealt with where quite intimidating. That’s why I may need too seek help from a specialist

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. In terms of the long delays, you are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the insurer) carried out with reasonable care and skill. Taking some two years may well mean you can sue for breach of your consumer rights, which is the first thing.
If they then impose a higher premium for renewal, whilst they are entitled to do this - I do not see how that is justified given their conduct. The insurer dispute is covered by an Ombudsman who can help you if the insurer is dragging their feet or not taking the claim seriously.

You should now 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. You can make the

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

Once you have their final response, you can make the complaint here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Based on the circumstances, assuming the insurer does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the insurer, but not you. So you would not be bound in law to follow their decision. If the Ombudsman did not find in your favour, therefore, you then have the option of suing the insurer for breach of your consumer rights and you have up to 6 years to bring a claim to the court (the limitation period is 6 years from your date of loss, to when you need to issue a claim).

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 16 days ago.
Thank you for your Answer some good information. Do you think it might be a good idea for me to find a private loss adjuster who could deal with the claim for me.
The account manger of the company is going too talk too me before my renewal which is in a few days. Should I be concerned?

Hi there, a loss adjuster is a good idea though you want someone independent and not affiliated in any way with the insurer otherwise there will be some bias. I would not be concerned about the account manager wanting to talk. I would probably consider the complaint and if that doesn't help matters then involved the ombudsman (which is free).

Customer: replied 16 days ago.
Thank you. I feel a little better as was worried about this call. This information will help me. Should I shop around if they try and charge more.

Yes, it could be a number of reasons why they want to charge more but the existence of an ongoing claim would be the reason - having said that the claim is not yet finalised so really they should not charge you more come renewal time.

Customer: replied 16 days ago.
Thank you your advice has been helpful

Many thanks, ***** ***** good evening

JimLawyer and other Law Specialists are ready to help you
Customer: replied 16 days ago.
Good morning
Just one more question
Could trading standards also help?

They should, yes, they can prosecute a business for flouting consumer's rights. It's worth speaking to them.

Customer: replied 16 days ago.
Thank you will try them

Many thanks

Customer: replied 15 days ago.
Hi Jim
Just wondering roughly how much does it cost too get a Solicter to help with a insurance case or is better too get a private loss adjuster.

Hi, I am not sure but a law firm would charge by the hour, or they may offer a fixed fee, it depends who you use. A private loss adjuster may be a good option too but either would work well. It comes down to costs at the end of the day

Customer: replied 15 days ago.
Ok thank you Jim yes all dependent on costs

Thanks, ***** ***** good weekend

Customer: replied 15 days ago.
Thank you.
A great weekend too you too :)

Many thanks!