my car was badly damaged whilst parked in my council owned garage by the bad winds in January,the garage collapsed,the councils insurers are saying they wont pay out because it was an act of god,I have been told that if the council can claim on their building insurance i certainly have a claim against the same insurers,is this correct.
2007-03-22 21:39:31 · 6 answers · asked by hoppie 2 in Cars & Transportation ➔ Insurance & Registration
Sounds like the council's insurers are trying it on. I'd have a quick word with a solicitor, most of them will give the first interview free.
2007-03-22 22:16:53 · answer #1 · answered by champer 7 · 0⤊ 1⤋
Although it appears this is not the case, if this claim were to occur in the US, then the insurance company for the garage would want to hire an engineer to see if in fact it was solely an intense wind storm or if the construction was somehow defective. Also, a possibility could be that somehow the structure was improperly maintained. Since the engineer's report may not be readily disclosed to you, have your own insurance company request a copy. I don't know what evidence laws you have, but this is eventually discoverable and a reputable company would share the results and do the right thing(however long that may take)
Quick solution is to have your own company pay, and let them deal with any litigation that results.
The insurance policy on the building has specific coverages on what type of property is covered. Since the council doesn't own your car, they don't have "insurable risk" which means that I can't buy insurance on your house and collect(even if I give the money to you) if your house blows down.
Liability coverage is different. If the council, or construction company who built the garage was negligent, then they owe damages to those who have suffered loss as a result of the negligence.
To that person who said that wind couldn't blow down a building if it was built right? Tell that to the people whose houses are gone and high rise tower were leveled by the hurricanes. Wind really CAN be that strong.
2007-03-22 23:35:33 · answer #2 · answered by londonmh 2 · 0⤊ 0⤋
If the garage was structurally sound it wouldn't have collapsed in high winds! Find out what damage was caused to other buildings around the garage. If they are still standing you have a case.
Insurance companies are quick to sell policies, and quick to take your money, but they look for any excuse not to pay out!
If the council can claim on the insurance then of course you can too!
2007-03-22 21:47:08 · answer #3 · answered by Copper 4 · 0⤊ 0⤋
that's just typical of the council,they're happy to get money off you but if they're to pay out it's like getting blood out of a stone!I would go to your solicitor to fight this as you have a good case.If they're able to claim on their buildings insurance and have told you they're not paying out to you then they're coming it,they just dont want to give you any money.Good luck
2007-03-22 21:52:01 · answer #4 · answered by nanook570 5 · 0⤊ 0⤋
Yes you do, most poilcys exclude earth quakes and wars but not wind. Get your car insurers to chase it up for you.
2007-03-22 21:43:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes you do don't let them away with it, on ur bike mate ok
2007-03-22 21:48:20 · answer #6 · answered by brian m 3 · 0⤊ 0⤋