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Insurance payouts

Posted: Thu Jun 29, 2023 10:32am
31 replies1211 views6 members subscribed
dazza70

Posts: 144

46 helpful points

Location: Calp / Calpe

Joined: 13 Jul 2021

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

Stephanie86

Posted: Thu Jun 29, 2023 10:27pm

Stephanie86

Legendary helpful member

Posts: 2787

2104 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Thu Jun 29, 2023 10:27pm

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.

aceq8

Posted: Sun Jul 2, 2023 7:48pm

Posts: 15

7 helpful points

Location: La Zenia

Joined: 26 Nov 2020

Posted: 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  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

dazza70

Posted: Sun Jul 2, 2023 8:06pm

dazza70

Original Poster

Posts: 144

46 helpful points

Location: Calp / Calpe

Joined: 13 Jul 2021

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 ...

... 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

PeterPan

Posted: Sun Jul 2, 2023 11:13pm

PeterPan

Very helpful member

Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Sun Jul 2, 2023 11:13pm

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...

...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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dazza70

Posted: Mon Jul 3, 2023 1:20pm

dazza70

Original Poster

Posts: 144

46 helpful points

Location: Calp / Calpe

Joined: 13 Jul 2021

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...

...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 

Stephanie86

Posted: Mon Jul 3, 2023 1:34pm

Stephanie86

Legendary helpful member

Posts: 2787

2104 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Mon Jul 3, 2023 1:34pm

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 ...

...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?

dazza70

Posted: Mon Jul 3, 2023 2:11pm

dazza70

Original Poster

Posts: 144

46 helpful points

Location: Calp / Calpe

Joined: 13 Jul 2021

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...

...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 

dazza70

Posted: Mon Jul 3, 2023 2:41pm

dazza70

Original Poster

Posts: 144

46 helpful points

Location: Calp / Calpe

Joined: 13 Jul 2021

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 ...

...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

Stephanie86

Posted: Mon Jul 3, 2023 3:43pm

Stephanie86

Legendary helpful member

Posts: 2787

2104 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Mon Jul 3, 2023 3:43pm

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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