Boundary Wall Damage- Who Is Liable?

[anyideas]

Good afternoon,
Please bear with me as this is my first post and I hope I have got the correct topic category.
We have a brick garden wall that as been damaged by root heave from a neighbour's mixed hedge(including conifers). We approached our Insurance company and although we have a full buildings and contents policy they said we are not able to make a claim citing gradual deterioration/lack of maintenance although we reported this as soon as we noticed the damage. Our insurers advised that we should make a claim against our neighbour's insurers direct. Neighbour's Insurers said it would be not possible due to Data Protection. Neighbours tried to claim against their policy but were told they were not covered for this type of claim.
We have obtained two builder's quotes for the repair and also an arboriculturist's survey and they all agree that this is our neighbours and/or Insurers problem.
Can anyone please help with how to get either Insurance company to accept a claim so we can resolve this problem. Any suggestions would be gratefully received. Thanks, Chris

[SirOracle]

Liability appears to fall on your neighbour as it could be argued that he is guilty of negligence in allowing the encroachment, without taking any steps to rectify matters.

Unless there is a specific exclusion in his household policy (liability to third parties section)then this falls on his Insurer.

It is up to him to contact his Insurer concerning this as they will not listen to you.

Good luck anyway.

[EDDIE51]

If the insurance will not pay then your neighbour has to pay the cost himself.
Get an estimate of the cost and send him the bill. That is what you should have done in the first place. He is liable, how he pays for it is his problem not yours.
You just send him the bill, that is the end of it from your side, it is up to him to find a way to pay it.

[Dogsbody2]

It would be entertaining to know what aspect of "data protection" considers is being breached. Sounds like nonsense.
Since you seem to know the identity of the neighbour's insurer and presumably have something in writing from them denying liability, you should refer it back to your insurer. It would be unusual if you did not have a clause in that policy designed to provide legal advice in this situation.
Personally I wouldn't commission the work to be done without knowing who was paying.

[Peter Pedant]

goggle

liability for root damage

hours of innocent fun - leading case Khan v LBC apparently

[Peter Pedant]

Dogz

the insurance company will say that tihe nsured party's info has NOT been given to them with permission to discuss with neighbours

( and wd be correct )

[EDDIE51]

I meant to get an estimate and send that, not to pay it yourself.
Then see what the neighbour says.