Making an insurance claim

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14 Nov 2021 9:11 AM by AndyMase Star rating. 1 posts Send private message

Hi, my neighbour has informed me my shower is leaking into his bathroom below. His insurance company are telling him he has to claim via my insurance directly and not via his insurance, is that correct?

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14 Nov 2021 1:00 PM by Marksfish Star rating in Vera, Almeria. 2602 posts Send private message

Marksfish´s avatar

This happened to us too. We contacted our insurer (Liberty Seguros) and they did all the necessary work in our apartment and made repairs downstairs too.

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16 Nov 2021 8:15 AM by acer Star rating. 1492 posts Send private message

Andy, in the UK there is legislation to make it clear that unless there is gross negligence there is basically no liability on anyone.  The rationale being twofold, that with flats (etc) it's too commonplace and the powers that be don't want the courts to be blocked by petty small amounts and sometimes you cannot be sure where the leak comes from.

RICS have issued some legal guidelines generally used in the property sector, which includes this item where the advice is that the Freeholder should meet the repair cost and charge it out under the Service Charge to all leaseholders.

I don't know the situation in Spain, the standard of training and legal understanding is far lower - although it seems that Liberty Seguros are more enlightened.

Your neighbours insurer is wrong.  They should meet the cost of your neighbours repair themselves (that's what they pay the premium for!!!).  The insurer then have the right to subrogate against you to recover their outlay.  In the UK they would not even try, in Spain...?  

Don't argue with an idiot, he will drag you down to his level and beat you with experience.

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