Water damage to a flat beneath my mother's flat - who pays for the repair costs - The building's insurance or my mother's independent home insurance?

[unclebulgaria67]

First thing is that your Mother independent Home Insurance won't cover the damage under standard insured perils.

 

However, what your Mother's Home Insurance policy does provide for is liability cover, where a third party proves your Mother is liabile for damage. But the third party would need to gain Court judgement against your Mother which appears unlikely if she defended.

 

What your Mother should do is to pass on all documents and information to her Home Insurers claims department, advising that the neighbour is trying to hold her liable for damage. Explain the mental health and bereavement issues which may have delayed the Insurers being notified of the possible claim by the third party. Your Mother's Home Insurers are likely to write to the third party denying any liability.

 

In regard to your Q's.

 

Yes the Buildings Insurance company should be contacted by the Policyholder and your Mother as interested party should be provided with the policy documents, plus any letters regarding the claim submitted.

 

Notify Mother's Home Insurance of possible third party liability claim.

 

I think your Mother needs legal advice about the leasehold position as to what rights and responsibilities exist.  I would look into that before paying out for Building surveys. Did your Mother really have formal legal entitlement to use the 1st floor roof extention as external space ?  Hence the need to check leasehold documents, which may have been amended following works to the building ?

 

Given your Mother's age, might be worth contacting Age charity or Citizens Advice locally to see if there are local Solicitors they have details for.  Or if you have a family Solicitors to speak to them.  Often Solicitors will provide a free 30 minute consultation.  Check Mothers Home Insurance to see it it includes legal expenses cover. If there is Legal cover, the Insurance company  have their own legal team and list of Solicitors, which mostly have to be used. They won't normally cover expenses for Solicitors you arranged.

 

To summarise, yes contact the Insurance companies, but be prepared for Insurers to refuse claims due to insufficient evidence of an Insured peril causing the damage. This will be a legal argument about liability for the damage and may end up in Court. 

[unclebulgaria67]

Yes contact Mothers Insurance company to advise of potential liability claim and provide them with as much information as possible.  Don't need to contact a Solicitors first.

 

Don't delay contacting the Insurers