Can I legally force a home owner to release their home insurance details?

waynee2001 | 22:08 Sat 11th Dec 2010 | Civil

3 Answers

I need to make a claim on somebody elses home insurance but they have refused me the details. Can I find or legally obtain their policy details?

Brought a used car but had no car for the money.

Solicitor is one of the executors on the will, how little do they actually have to be involved and what can they charge for?

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Buenchico

(2-part post):

You can't claim on someone else's insurance; you have to claim against the person and then, if they're able to, they can refer the matter to their insurers (if any).

With motoring claims people often refer to 'claiming against the other driver's insurance' but that's because all driver's must have third party insurance cover and because insurers work together to make the claims process more efficient. Legally, however, your claim is still against the other driver (who then refers it to his insurer). The same can't apply to home insurance as millions of homeowners don't have any insurance. (That doesn't mean that they can avoid paying for something which is their legal responsibility; it just means that the money has to come from their own pocket).

Buenchico

If you're sure that the home owner is responsible for paying for your losses you need to send him a formal demand for payment. That demand should show both your own and his name and address. It must be dated and clearly state that it's a demand for payment, giving the amount owed and the reason why. It should also state that if payment is not received within a specified period (I'd suggest 42 days, given that his insurance company might need to be involved) you'll commence legal proceedings.

The home owner can then choose to:
(a) pay up ;
(b) pass the matter to his insurer ; or
(c) do nothing.

If you don't get payment (and you're absolutely sure that you've got a valid claim against him) you should make a claim using Her Majesty's Courts Service's online system:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Chris