Does anyone know. I have suffered major damage as a result of demolition and excavation. My insurance company accept this they have sent assesors however the builder that has caused the damage denies its his fault although it is very clear he has caused it by very deep excavation. They are taking them to court. Does anyone know if I will have to wait for the court outcome b4 they carry out the repairs ? This could mean l have to wait years. The owner next door is russian and with the sanctions l think it's an issue to get money out of russia to spain. This could take years so devastated by this. If anyone has any advice on this it would be very appreciated. Thanks Gill
Posted: Thu Jun 29, 2023 10:27pm
Legendary helpful member
I would have thought that the owner, Russian or otherwise, is unlikely to be responsible for paying your compensation. Assuming that he has employed legal builders, their own insurance will probably be liable.
Have you asked your insurance company about payment, this should really be your first port of call.
I agree that you should speak with your insurer about the procedure. If they have admitted that it is admissible under the policy then they should pay for the cost of repairing your damage. Whether they can claim back the cost of the damage is an issue for them only and should not affect your claim under the policy. This is one of the advantages of buying insurance as you only have to demonstrate that a loss has occurred and is covered by the policy. Legal action against Third Parties who may have caused the damage is then a matter for the Insurer to pursue independently to reduce their loss
Posted: Sun Jul 2, 2023 8:06pm
aceq8 wrote on Sun Jul 2, 2023 7:48pm:
I agree that you should speak with your insurer about the procedure. If they have admitted that it is admissible under the policy then they should pay for the cost of repairing your ...
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... damage. Whether they can claim back the cost of the damage is an issue for them only and should not affect your claim under the policy. This is one of the advantages of buying insurance as you only have to demonstrate that a loss has occurred and is covered by the policy. Legal action against Third Parties who may have caused the damage is then a matter for the Insurer to pursue independently to reduce their loss
Thank you so much
dazza70 wrote on Thu Jun 29, 2023 10:32am:
Does anyone know. I have suffered major damage as a result of demolition and excavation. My insurance company accept this they have sent assesors however the builder that has caused the damage denies its his fault although it is very clear he has caused it by very deep excavation. The...
Read more...
...y are taking them to court. Does anyone know if I will have to wait for the court outcome b4 they carry out the repairs ? This could mean l have to wait years. The owner next door is russian and with the sanctions l think it's an issue to get money out of russia to spain. This could take years so devastated by this. If anyone has any advice on this it would be very appreciated. Thanks Gill
This will be down to your insurance to cover your losses. They will then claim from the appropriate party (builder/owner) to cover their losses. Push your insurance for a quick resolution and restitution of your home, don't wait for them to claim from the 3rd party.
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Posted: Mon Jul 3, 2023 1:20pm
dazza70 wrote on Thu Jun 29, 2023 10:32am:
Does anyone know. I have suffered major damage as a result of demolition and excavation. My insurance company accept this they have sent assesors however the builder that has caused the damage denies its his fault although it is very clear he has caused it by very deep excavation. The...
Read more...
...y are taking them to court. Does anyone know if I will have to wait for the court outcome b4 they carry out the repairs ? This could mean l have to wait years. The owner next door is russian and with the sanctions l think it's an issue to get money out of russia to spain. This could take years so devastated by this. If anyone has any advice on this it would be very appreciated. Thanks Gill
Hi
Don't know if you would know , my claim is because they are building a house next door and have excavated more than 3 metres down. The vibration rattled all the windows due to heavy drilling and causing paintwork to drop off and cracks in Ballantrae and outside wall has rack in it. The insurance company are now saying thst they wont repair the damage until we ho to court and thst could be years! They are calling it Subsidence and it is not! Just trying not to pay
TbNks for any help you can give
Posted: Mon Jul 3, 2023 1:34pm
Legendary helpful member
dazza70 wrote on Mon Jul 3, 2023 1:20pm:
Hi
Don't know if you would know , my claim is because they are building a house next door and have excavated more than 3 metres down. The vibration rattled all the windows due to heavy drilling and causing paintwork to drop off and cracks in Ballantrae and outside wall has rack in ...
Read more...
...it. The insurance company are now saying thst they wont repair the damage until we ho to court and thst could be years! They are calling it Subsidence and it is not! Just trying not to pay
TbNks for any help you can give
Did your insurance company agree in writing/email that they would pay your claim, or have they only agreed that they have sent assessors? Did you buy your insurance directly from the insurance firm, or through a broker? If the latter, they will usually deal with the insurers on your behalf. If the insurers are being really intransigent, you may have to consult an abogado. Have you any idea of the projected cost of repairs?
Posted: Mon Jul 3, 2023 2:11pm
Stephanie86 wrote on Mon Jul 3, 2023 1:34pm:
Did your insurance company agree in writing/email that they would pay your claim, or have they only agreed that they have sent assessors? Did you buy your insurance directly from the insurance firm, or through a broker? If the latter, they will usually deal with the insurers on your behalf. If th...
Read more...
...e insurers are being really intransigent, you may have to consult an abogado. Have you any idea of the projected cost of repairs?
They have sent assesors 3 in all 1st 1 rubbish 2nd too then 3rd 1 expert. We haven't seen his report yet. We have legal cover and the solicitor has been dealing with this. This is just deep excavation vibration. We have inspected our villa and there is no sign of subsidence as l know it. We have so been all round house inside and out with spirit level all perfect good
Posted: Mon Jul 3, 2023 2:41pm
dazza70 wrote on Mon Jul 3, 2023 2:11pm:
They have sent assesors 3 in all 1st 1 rubbish 2nd too then 3rd 1 expert. We haven't seen his report yet. We have legal cover and the solicitor has been dealing with this. This is just deep excavation vibration. We have inspected our villa and there is no sign of subsidence as l know it. We have ...
Read more...
...so been all round house inside and out with spirit level all perfect good
Sorry did answer properly. We go thru a broker. Ins Liberty Seguros. Cost prob circa 8k
Posted: Mon Jul 3, 2023 3:43pm
Legendary helpful member
dazza70 wrote on Mon Jul 3, 2023 2:41pm:
Sorry did answer properly. We go thru a broker. Ins Liberty Seguros. Cost prob circa 8k
Liberty Seguros are a very good insurer, the 3rd report will be interesting, and good that you went through broker. Very glad you have lawyer dealing with this. I don’t honestly think that more can be said atm, as you have lawyer and need to await 3rd report.
But as said earlier, your only concern and requirement is them paying for the repair. If you don’t agree with their latest assessor, I would suggest you contract one of your own. Mark Paddon is the best known surveyor, fully qualified in Spanish requirements and I also believe, an official tasador, or valuer. Has the obvious website, I don’t think he’s too expensive. Perhaps a consultation with him may be of interest?
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