Yes — in some circumstances, we may still be able to help.
If your property has been damaged and you do not have your own insurance cover, the first question is whether another person, business or organisation may be legally responsible for the damage.
Depending on what happened, it may be possible to pursue the responsible party or their insurer for some or all of the losses arising from the damage. This is often referred to as a third-party recovery.
However, the fact that damage came from another property, person or activity does not automatically mean that someone else is legally responsible for your loss.
What types of uninsured property damage may involve another party?
Examples may include:
- Escape of water from a neighbouring property — for example, a leak from a flat above damages your ceilings, walls or contents.
- Vehicle impact — a car, van or delivery vehicle collides with a wall, gatepost, shopfront or building.
- Fire spreading from another property — a fire starts elsewhere and causes damage to your home, investment property or business premises.
- Damage caused during building or contractor works — for example, damage arising during roofing, excavation or other construction activity.
- Damage involving neighbouring trees or structures — where a tree, wall, fence or other structure causes damage to your property.
These are examples only. Whether another party may be responsible will depend on the individual facts and circumstances.
Does someone have to be at fault?
Not every uninsured property loss can be recovered from someone else.
In many cases, it will be necessary to consider whether another party may have failed to take reasonable care and whether that failure caused or contributed to the damage. In other situations, a different legal basis of responsibility may need to be considered.
Liability will depend on the facts, the available evidence and the relevant legal position.
For example, if a pipe in a neighbouring property suddenly bursts without warning and water enters your home, the fact that the water came from next door does not automatically make your neighbour legally responsible.
However, the position may require closer investigation if there is evidence of a known problem that was ignored or other circumstances suggesting that reasonable steps may not have been taken.
What should I do after discovering the damage?
Your immediate priority should be safety and taking reasonable steps, where it is safe to do so, to prevent the damage from becoming worse.
Photograph and video the affected areas and, where possible, record any visible source or cause of the damage. Keep copies of correspondence, reports, quotations and receipts connected with the incident.
Do not rush to dispose of damaged items unless this is necessary for health or safety reasons. If something must be removed, photograph and record it first where it is safe and practical to do so.
Early evidence can be important when the circumstances of the damage and any potential responsibility are considered later.
How can Imperial Claims Consultants help?
Imperial Claims Consultants acts on behalf of property owners and policyholders in relation to property damage and insurance claims.
Where you do not have your own insurance cover, we can carry out an initial review of what has happened and consider whether the circumstances may justify further investigation into a possible third-party recovery.
Depending on the circumstances, this may include reviewing the available evidence and helping you understand the potential next steps.
We will be open and honest about whether we believe the circumstances justify further investigation and whether we are able to assist.
Where specialist legal advice or court proceedings may be required, we may recommend that you obtain independent legal advice or, where appropriate, refer you to a suitable legal specialist.
Can you guarantee that my losses will be recovered?
No.
Whether any recovery can be made will depend on the facts, the evidence, the legal responsibility of the parties involved and, where relevant, the position taken by the third party or their insurer.
We will not tell you that a recovery is guaranteed simply because your property has been damaged by something originating elsewhere.
If you have suffered property damage and do not have your own insurance cover, contact us and explain what has happened. We can carry out an initial review and tell you honestly whether we may be able to help.
