Compensation for property damage and loss of use / access
Discussion
I always thought that insurance for property damage was limited to the repair, and there was no 'loss of use' compensation element whether you were able to remain in the property of not.
Why are the planners involved, like-for-like repairs to listed buildings (especially those which are only grade 2) don't usually require LB Consent.
Sounds an awful situation and all the best for getting sorted quickly.
Why are the planners involved, like-for-like repairs to listed buildings (especially those which are only grade 2) don't usually require LB Consent.
Sounds an awful situation and all the best for getting sorted quickly.
Are you losing anything in not being able to use the room?
I have 2 bedrooms I haven't entered in months, probably since before the clocks changed and I went to bleed the radiators. They could have half the wall missing and I wouldn't be in any worse a position than normal.
What loss do you need to be compensated for, if (as you say) the works are going ahead, it's all being planned etc?
I have 2 bedrooms I haven't entered in months, probably since before the clocks changed and I went to bleed the radiators. They could have half the wall missing and I wouldn't be in any worse a position than normal.
What loss do you need to be compensated for, if (as you say) the works are going ahead, it's all being planned etc?
Not really the point, is it?
I'm currently going through the insurance process for two non-fault accidents and although I will (eventually) be put back in the same position as before, the whole thing has been an absolute ballache with me doing all the running around and chasing people to get them to do their damn jobs! If there was any possibility of being reimbursed for my time and effort spent on this then damn right I'd want it!
I'm currently going through the insurance process for two non-fault accidents and although I will (eventually) be put back in the same position as before, the whole thing has been an absolute ballache with me doing all the running around and chasing people to get them to do their damn jobs! If there was any possibility of being reimbursed for my time and effort spent on this then damn right I'd want it!
IANAL, but can you actually quantify your losses? I can see where you're coming from, but if you don't run a B&B business with supporting evidence to back up occupancy rates then saying a friend might have rented the spare room for a few months is probably not basis enough to claim. Likewise you're also saying you might have sometimes used the room to work from home. Which is it, because it sounds like a case of "I might do this, or I might do that, but not really sure"?
Sorry if I'm coming across as a dick, not intended that way. I just can't see how the argument would stack up.
Loss of earnings/time taken to deal with it... possibly? (again IANAL) Can you quantify it?
Like I said, I can see where you're coming from and fully understand your frustration, but from a neutral point of view, the danger of this approach is we'll end up adopting the US practice of awarding everyone eleventy billion dollars every time they're wronged.
Sorry if I'm coming across as a dick, not intended that way. I just can't see how the argument would stack up.
Loss of earnings/time taken to deal with it... possibly? (again IANAL) Can you quantify it?
Like I said, I can see where you're coming from and fully understand your frustration, but from a neutral point of view, the danger of this approach is we'll end up adopting the US practice of awarding everyone eleventy billion dollars every time they're wronged.
anonymous said:
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The details don't matter, you're talking about claiming 'uninsured losses' from an insurance company, it's not going to happen IMHO. If you can quantify the loss, you're free to have a crack at the driver through the courts but as you say, that's only got a limited chance of actually resulting in any cash.
OP , if u were genuinely renting out a room ( and had informed your Insurers accordingly ) and cover was in place for loss of rent then absolutely you could claim.
Having a friend to stay and not being able to and renting a hotel room instead and reclaiming that is proably not covered.
Living in a listed house Im symathetic to the process you went through although im staggered you needed pp as such -a single phone to simply state like for like necssary repair is all that should have been needed although I guess every council is different.
Hope its all sorted soon.
Having a friend to stay and not being able to and renting a hotel room instead and reclaiming that is proably not covered.
Living in a listed house Im symathetic to the process you went through although im staggered you needed pp as such -a single phone to simply state like for like necssary repair is all that should have been needed although I guess every council is different.
Hope its all sorted soon.
What you are claiming is loss of amenity. How you can quantify it/justify it could be long drawn out. I suspect if you can contact the third party insurers and explain the loss of amenity they ought to accept that . Ultimately they could have been looking at a very expensive alternative accommodation claim (as could your insurer under terms of the policy?? so maybe they could offer something too) so why not just try to negotiate a flat figure - would say 25% of an alternative accommodation claim for X months be reasonable. Ask them?
anonymous said:
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Incorrect, it's impossible to quantify. You can have a guess at it based on potentials and anecdotal figures, but you can't quantify it with any accuracy even if you think you have suffered a financial loss at all. If you were running a business and were charging people to use that room, and could state with some accuracy what you've lost using past and projected figures then that would be different, you would insure yourself against such losses and would have a different type of insurance policy to protect your business. You don't, so all you've got is your inconvenience which isn't covered by your insurance, or the 3rd parties insurance.
anonymous said:
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Oh I do grasp that, but that's not what you are asking for though is it! The drivers 3rd party cover WILL pay out for property damage, they would also pay out for personal injury if there was any, they will pay out if that injury meant you couldn't work due to such injuries, but they won't bung you a little extra for your inconvenience just because you think you are entitled to it.
If you have taken time off work due to the repairs, had to stay in a hotel, spent a fortune on phone calls, racked up postage costs, yes all recoverable because they are measurable and you can produce evidence / receipts for those losses. What you can't measure, value, or claim for is the lack of enjoyment of part of your room. Surely you can grasp that?
The Surveyor said:
Oh I do grasp that, but that's not what you are asking for though is it!
The drivers 3rd party cover WILL pay out for property damage, they would also pay out for personal injury if there was any, they will pay out if that injury meant you couldn't work due to such injuries, but they won't bung you a little extra for your inconvenience just because you think you are entitled to it.
If you have taken time off work due to the repairs, had to stay in a hotel, spent a fortune on phone calls, racked up postage costs, yes all recoverable because they are measurable and you can produce evidence / receipts for those losses. What you can't measure, value, or claim for is the lack of enjoyment of part of your room. Surely you can grasp that?
It's possible you are wrong. They may well agree a figure for loss of use of the room. They may even chuck in a bottle of wine and some flowers.The drivers 3rd party cover WILL pay out for property damage, they would also pay out for personal injury if there was any, they will pay out if that injury meant you couldn't work due to such injuries, but they won't bung you a little extra for your inconvenience just because you think you are entitled to it.
If you have taken time off work due to the repairs, had to stay in a hotel, spent a fortune on phone calls, racked up postage costs, yes all recoverable because they are measurable and you can produce evidence / receipts for those losses. What you can't measure, value, or claim for is the lack of enjoyment of part of your room. Surely you can grasp that?
Given who the insurer is, it's unlikely but one can live in hope.
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