Can we sue our insurance company for abandonment, distress and loss? more details>?
in 2004 a main sewer back up and our home was surrounded by 10 inches of sewer water, dampcourse breached etc and severe damp/ moisture problems in house, we lost everything, our insurance complany would not admit liability claiming the problems were due to 'furniture human being too close to the walls' and 'warm air hitting a cold wall'. We have a 7 year out-of-date daughter who was 5 at the time of the incident (10.08.04) temporarily rehoused 16.12.05, we slept on contaminated beds wrapped within sheets & muslin and lived in & breathed in humidify for 16 months . I suffered from OCD which worsened & haven't had treatment as my fears/ actions be 'justified' and released back to my gp & I suffered 3 chest infections, 2 pleurisy, 2 kidney infections, an ear infection and skin problems, and since developed We received payment for some of our belongings and also 'goodwill' payments towards essential property repairs, we still don't hold a kitchen, we ran out of funds after paying lb22k for repair work
Answers:
You would entail to definitively prove that the insurers did not pay out for something they were liable for. This will be an incredibly difficult project - they did not admit responsibility in the first place, and own subsequently stood by their position - they have issued you with some goodwill payments, so I suspect they will own looked into it in a good deal of detail and approved that even though they are NOT liable, they wished to assist in some channel. It's gonna be nigh impossible to sue - the only way you will procure any action taken without paying a fortune (legal aid WON'T be available for this action) would be to find a no win no tax lawyer who MAY get an out of court settlement contained by return for a large slice of the winnings. However, i feel the reality that the insurers have issued goodwill payments to you will make them p1ssed sour you have subsequently decided to sue and will transport you up to court (at which point you may find your no win no fee lawyer looking to, if you will excuse the pun 'bale out - those guys despise doing actual court work, and if they can't get a settlement they drop the case).
You obligation a good lawyer who specialises within this sort of thing.
Do not take the Insurance company on byyourselftheyknow adjectives the tricks and a few more. I'm notsure we have the full story buton theface of ityouhave dealt beside someone who's enthusiasm has outstripped their nouse.You may get legalized aid if in UKask about it
Urgh! That is not a beneficial answer but.... URGH!
sounds like you requirement a lawyer... thats just wrong...
This sounds horrendous. I'm assuming you are in the UK.
If the insurance company won't payment up, this is known as 'avoiding the policy'. There are many reason for this: not an insured loss; material non-disclosure; failure to notify etc. etc.
I assume the insurance company told you on what foundation you are not being paid.
As a preliminary step, you can't sue them for any let-down arising out of the policy until you have proved that the policy appleis to your particular circumstances and you own suffered an insured loss. there are three ways this can happen:
1, The insurer can grant it;
2. You can get the insurance ombudsman bureau to intervene/investigate (www.theiob.org.uk) - this is free.
3. As an alternative or in tallying to (2) above, you can sue for breach of contract.
You clearly cannot even contemplate 3 without proper legal direction and representation. If you can get a favourable ruling from the IOB, you should enjoy no trouble getting a solicitor to take it on a no win/no fee.
If you bring an unfavourable ruling, you may have substantially more problems.
However, whilst you may enjoy a claim for monetary damages and interest as a result of breach of contract; you will not be able to obtain damages for disregard, distress or personal injury.
I hope this helps - even if it may not be as positive as you might hope for. Source(s): I'm a lawyer.
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Answers:
You would entail to definitively prove that the insurers did not pay out for something they were liable for. This will be an incredibly difficult project - they did not admit responsibility in the first place, and own subsequently stood by their position - they have issued you with some goodwill payments, so I suspect they will own looked into it in a good deal of detail and approved that even though they are NOT liable, they wished to assist in some channel. It's gonna be nigh impossible to sue - the only way you will procure any action taken without paying a fortune (legal aid WON'T be available for this action) would be to find a no win no tax lawyer who MAY get an out of court settlement contained by return for a large slice of the winnings. However, i feel the reality that the insurers have issued goodwill payments to you will make them p1ssed sour you have subsequently decided to sue and will transport you up to court (at which point you may find your no win no fee lawyer looking to, if you will excuse the pun 'bale out - those guys despise doing actual court work, and if they can't get a settlement they drop the case).
You obligation a good lawyer who specialises within this sort of thing.
Do not take the Insurance company on byyourselftheyknow adjectives the tricks and a few more. I'm notsure we have the full story buton theface of ityouhave dealt beside someone who's enthusiasm has outstripped their nouse.You may get legalized aid if in UKask about it
Urgh! That is not a beneficial answer but.... URGH!
sounds like you requirement a lawyer... thats just wrong...
This sounds horrendous. I'm assuming you are in the UK.
If the insurance company won't payment up, this is known as 'avoiding the policy'. There are many reason for this: not an insured loss; material non-disclosure; failure to notify etc. etc.
I assume the insurance company told you on what foundation you are not being paid.
As a preliminary step, you can't sue them for any let-down arising out of the policy until you have proved that the policy appleis to your particular circumstances and you own suffered an insured loss. there are three ways this can happen:
1, The insurer can grant it;
2. You can get the insurance ombudsman bureau to intervene/investigate (www.theiob.org.uk) - this is free.
3. As an alternative or in tallying to (2) above, you can sue for breach of contract.
You clearly cannot even contemplate 3 without proper legal direction and representation. If you can get a favourable ruling from the IOB, you should enjoy no trouble getting a solicitor to take it on a no win/no fee.
If you bring an unfavourable ruling, you may have substantially more problems.
However, whilst you may enjoy a claim for monetary damages and interest as a result of breach of contract; you will not be able to obtain damages for disregard, distress or personal injury.
I hope this helps - even if it may not be as positive as you might hope for. Source(s): I'm a lawyer.
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