who is liable for the excess?

[leanne84s]

Hi,
I have recently had a utility room rebuilt on the side of my property due to subsidence. This has been going on for nearly 3 years. The excess has never been mentioned. Now that it has been completed we have been asked for �1000 excess. However the subsidence has been caused by trees which belong to "no mans land", however we believe that it is either council land or private property. Can we insist that the insurance company pursue the excess from who ever owns the land? the insurance company footed the rest of the bill as they decided it was too much hassle to get the money back from the owner whoever it may be....so should it then all be at the insurers loss? Any advice would be greatly received. Many Thanks

[bednobs]

i would imagine that yur policy states YOU pay the excess. Whether you then want to pursue the council to get it back is up to you

[woozer]

Unfortunately you will have to pay the excess - even though the claims handler may not have mentioned it before I am afraid it will be clearly stated in your policy.

If you can find out who is responsible for the trees write to them holding them liable and ask them to reimburse you.
If you do succeed in getting hold of the owners tell your insurers who they are and insist that they make a recovery otherwise the claim will go on your records and you will lose any no claim discount you may have.

The land registry might be able to help identify the owner - or (if you havent already)you could try writing to the council holding them responsible and see if they admit ownership

Sorry it probably isnt what you wanted to hear ...but good luck

[Mr Veritas]

Sorry,but I agree with the above.
Your property,
your subsidence,
your Insurance.
your excess.
If you want to pursue the council for the excess that is your lookout,NOT your Insurance companies.
They are only concerned with the claim,not who/what actually caused it.

[Segilla]

25 years since I worked in insurance, but what has happened to subrogation rights? That is, the policy condition that the company can, in the name of the insured take action to recover its losses.
If the total bill was for only £1500 they'd most likely not bother about their £500, but if it was £15k, they should go for the owner - but you can't make them