Can I use Small claims Court (Scotland) against neighbour, if excess on my insurance makes claim not worthwhile?

[tillmouth]

My neighbour has flooded us with her washing machine. Her insurers won't pay mine because it wasn't negligence, just an accident. Therefore I would have to make a claim on my own insurance, where the excess is £150, and I would lose a no claim discount, so total costs are about £200.

I have maded no claim yet because paint costs are currently only £260, although may turn into wet rot, collapsing plaster etc. Not worth making the claim if I only get back £60.

Neighbour refuses to pay any part of my costs, even the excess, and says I shouldn't have a policy with an excess. But she has caused damage to my flat and i think she should pay something. (She is not in poverty, and is treating herself to extensive works in her flat).

Can I use small claim court to get the full costs, or the excess?

[bednobs]

I don't understand why her insurance wont cover it - is it just what she is telling you or has the insurance company told you

[SlackAlice]

I agree with both of the above.
Do you have a legal expenses policy along with your house insurance? Might be an idea to try this, a solicitors letter works wonders on making people realise their responsibilities. I'm not sure if a 'small claims court' might assist.

[joko]

i woudl ask for her insurance details and tell her you will be in touch with them directly...get ot from the horses mouth

[New Judge]

You cannot compel your neighbour to provide her insurance details. It is she who is liable for any compensation you may seek from her, not the insurers.

Your route to that compensation, if she will not ipay voluntarily, is via the court who will have to rule whether compensation is payable or not.

[EmmaByrne]

You may have to prove negligence for your neighbour to be obliged to pay.
I lived in an upstairs maisonette. Unfortunately a pipe under the floor developed a pin prick and started spraying water onto the ceiling of the maisonette below.
The neighbour was on holiday and this could have gone on for weeks.
The neighbour got in and found her ceiling had collapsed and other damage.
She tried to claim for the damage against me and I forwarded the letters onto my insurers.
Their answer was there had been no negligence on my part. How was I supposed to know a pipe under the floor boards had a pin prick and was spraying water onto her ceiling?.
The maisonette was only 4 years old and the leak happened in the middle of the pipe and not on a joint.

[joko]

emma, would it not be down to the landlord in that circumstamce then?

[EmmaByrne]

We both owned our maisonettes.