Insurance payouts - Page 2

Stephanie86 wrote on Mon Jul 3, 2023 3:43pm:

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 tasa...

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...dor, or valuer. Has the obvious website, I don’t think he’s too expensive. Perhaps a consultation with him may be of interest?

dazza70 wrote on Mon Jul 3, 2023 3:53pm:

Thank you Stephanie. I have noted all your comments. Thanks for your help

Stephanie86 wrote on Mon Jul 3, 2023 5:19pm:

Please keep us updated. Best Wishes, Stephanie

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 ...

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...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 

aceq8 wrote on Mon Jul 3, 2023 7:05pm:

      Having read  the   post and the replies   I agree  that you appoint   a lawyer and an engineer/surveyor  if you cannot get a prompt and  positive response from the   insurer.  I will only add that you should&nbs...

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...p; take plenty of  photos as soon as possible so that you have  a  record of the  site conditions and depth of excavation  as close as possible to the time that the damage  was   discovered.    From your   description of the  work it appears that the  contractor  has excavated below  the   bottom level of your  house  foundations and    has removed   their support.  When excavating  below the  foundation  level  close to  nearby/adjacent properties a contractor should   provide shoring  to  the  excavation  walls to avoid  such  ground movement.  This  is normally a specialist  engineering   activity to    design the   appropriate   scope of shoring.  You need to ensure that   you have   photos of this aspect of the work before  ongoing construction work  conceals the evidence. 

You have said that  the Insurer previously  claimed  that it is  subsidence  and I  would strongly contest this .    Subsidence  can be caused in various ways  but  is  generally   described as the earth sinking   below the property , mostly due to  water removal or mining  activity..  In your case it appears that the excavation has removed the earth  next to your property  and as you can see from the photo   foundations  exert downwards pressure in a bulb shape. Since the contractor appears to have  removed the  soil in his property below your  foundation level   your house no longer  has the earth support  it needs and so the  building loads  being partially unsupported have caused movement .  This  would definitely not be a case of subsidence  as it is not the earth which  has moved downwards but your   property  has 

dazza70 wrote on Mon Jul 3, 2023 5:53pm:

Will do

aceq8 wrote on Mon Jul 3, 2023 7:05pm:

      Having read  the   post and the replies   I agree  that you appoint   a lawyer and an engineer/surveyor  if you cannot get a prompt and  positive response from the   insurer.  I will only add that you should&nbs...

Read more...

...p; take plenty of  photos as soon as possible so that you have  a  record of the  site conditions and depth of excavation  as close as possible to the time that the damage  was   discovered.    From your   description of the  work it appears that the  contractor  has excavated below  the   bottom level of your  house  foundations and    has removed   their support.  When excavating  below the  foundation  level  close to  nearby/adjacent properties a contractor should   provide shoring  to  the  excavation  walls to avoid  such  ground movement.  This  is normally a specialist  engineering   activity to    design the   appropriate   scope of shoring.  You need to ensure that   you have   photos of this aspect of the work before  ongoing construction work  conceals the evidence. 

You have said that  the Insurer previously  claimed  that it is  subsidence  and I  would strongly contest this .    Subsidence  can be caused in various ways  but  is  generally   described as the earth sinking   below the property , mostly due to  water removal or mining  activity..  In your case it appears that the excavation has removed the earth  next to your property  and as you can see from the photo   foundations  exert downwards pressure in a bulb shape. Since the contractor appears to have  removed the  soil in his property below your  foundation level   your house no longer  has the earth support  it needs and so the  building loads  being partially unsupported have caused movement .  This  would definitely not be a case of subsidence  as it is not the earth which  has moved downwards but your   property  has 

dazza70 wrote on Mon Jul 3, 2023 7:32pm:

Are you a professional? I have photographic evidence and videos with sound whilst excavating

aceq8 wrote on Mon Jul 3, 2023 9:07pm:

Hi dazza70    I used to be   loss adjuster  for many years  before I retired. 

 One thing  that  I believe    no one on this forum has mentioned    is whether the   policy  covers the loss if not  caused by subsidence. Many policies that I see here in Spain    are   what is known as perils policies.&...

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...nbsp; That  means that  only the items listed are covered.  If it is not on the list then it is not covered. Whereas in UK   the  policies are generally issued as  all risks    with specified exclusions.   That means if it is not specifically  excluded then it is covered. (Much better coverage for the  customer).  So you ( or your adviser) will need to look at your policy and see if  the actual  cause   of damage is  mentioned either as an insured peril or as an exclusion. If you see that your policy covers accidental damage  then it will probably be covered .  If you see only   coverage for fire, water, aircraft,  etc  perils then it  is probably not covered but you will need to  check the  policy.

aceq8 wrote on Mon Jul 3, 2023 7:05pm:

      Having read  the   post and the replies   I agree  that you appoint   a lawyer and an engineer/surveyor  if you cannot get a prompt and  positive response from the   insurer.  I will only add that you should&nbs...

Read more...

...p; take plenty of  photos as soon as possible so that you have  a  record of the  site conditions and depth of excavation  as close as possible to the time that the damage  was   discovered.    From your   description of the  work it appears that the  contractor  has excavated below  the   bottom level of your  house  foundations and    has removed   their support.  When excavating  below the  foundation  level  close to  nearby/adjacent properties a contractor should   provide shoring  to  the  excavation  walls to avoid  such  ground movement.  This  is normally a specialist  engineering   activity to    design the   appropriate   scope of shoring.  You need to ensure that   you have   photos of this aspect of the work before  ongoing construction work  conceals the evidence. 

You have said that  the Insurer previously  claimed  that it is  subsidence  and I  would strongly contest this .    Subsidence  can be caused in various ways  but  is  generally   described as the earth sinking   below the property , mostly due to  water removal or mining  activity..  In your case it appears that the excavation has removed the earth  next to your property  and as you can see from the photo   foundations  exert downwards pressure in a bulb shape. Since the contractor appears to have  removed the  soil in his property below your  foundation level   your house no longer  has the earth support  it needs and so the  building loads  being partially unsupported have caused movement .  This  would definitely not be a case of subsidence  as it is not the earth which  has moved downwards but your   property  has