Neighbours garden

Re: Neighbours garden

Postby jonahinoz » Fri Oct 21, 2016 8:54 am

if you are left put of pocket by all this inc an increased insurance premium you are entitled to sue the neighbour separately

Never seen that happen before.


Hi,

With car insurance, your insurers insist that you pass the negotiations over to them, in case you do it wrong, and they have to pick up the pieces. This means that you have to accept what your insurers accept in full and final settlement If your insurers decide that a quick settlement will save them money, you have to live with it.

I don't know if this would apply if they are suing somebody on your behalf, particularly as you have to accept their "get out of jail" clauses ... or take your business elsewhere. What we need is the building equivalent of "ambulance chasers" ... no win, no fee. Hey ... that means you pay the premium after you make the claim.

John W
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Re: Neighbours garden

Postby k.skinner2 » Sun Oct 23, 2016 3:23 am

I do not hold much hope that my insurance will recover my money. I suppose the poster is right, once my insurance company accept a final offer from my neighbours insurance company, I guess part of the offer will be that no other claim can be made against them. But the wait goes on, I'm having to fight for every snippet of information, all they are saying is their solicitors are seeking recovery, if successful I will be informed...great thanks!!
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Re: Neighbours garden

Postby Collaborate » Sun Oct 23, 2016 7:49 am

k.skinner2 wrote:I do not hold much hope that my insurance will recover my money. I suppose the poster is right, once my insurance company accept a final offer from my neighbours insurance company, I guess part of the offer will be that no other claim can be made against them. But the wait goes on, I'm having to fight for every snippet of information, all they are saying is their solicitors are seeking recovery, if successful I will be informed...great thanks!!


You are entitled to refuse to accept the advice you are given by the solicitor your insurance company pays for.

How it works is that they try and get you to use one who is on their panel (in other words one who has agreed to work for ridiculously low rates), but you are free to instruct someone else, provided you bear their greater costs. They will be acting on behalf of you, but will also have a duty to the insurance company, as they are 1. footing the bill and 2. interested parties, in view of the fact they will receive at least part of the payout. If the vast majority of what they are claiming on your behalf is going to go to the insurance company, with only the excess and peripheral costs going to you, in practice they will take their lead from the insurance company.

However any court proceedings will be taken in your name.

A term of your funding is that you litigate reasonably, your case has a better than 50% chance of success, and you do not refuse a reasonable offer.

If you breach any of this firstly your funding will be withdrawn, so you'll have to pay your legal fees going forward. Secondly you may have breached the terms of your insurance, and may be required to refund them what they have paid out under your claim.

They cannot make it a term of any settlement that you do not bring any unrelated claims against the neighbours, unless of course you agree.
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