our neighbours shed was set alight and set fire to our fence and shed/shed contents..?

Question

we are insured and our insurance said to claim and they will get money off neigbours insurance company..only prob is our premium will go up and we will have to pay 100 ecsess..they said this is how it works.our neigbour came round tonight and said her insurance said they will pay out! is my insurance company trying to con me?? someone help!!

Answer 1

What your insurance company and your neighbors company are telling you is both right. Neither is trying to con you.

You can file with your company - and they will subrogate against your neighbors policy or you can file with your neighbors liability policy.

However, how each company handles the claim will be somewhat different and it may work out more in your favor to file with your company. (ie. you get paid more) Here's why:

If you have a standard homeowners policy with replacement cost coverage - your policy will pay the replacement cost of the contents of the shed and possibly of the shed (depends if it forms a part of the reality or not). Usually fences are actual cash value (replacement cost - depreciation). Again - this is very general and your policy may be different. Your insurance company will settle with you per your policy - your deductible. Then they will try to get paid back by your neighbors policy. Once they are paid - they forward your deductible to you.

If you file against your neighbors policy- they only owe you the actual cash value (remember: replacement cost - depreciation). The neighbors liability coverage does not owe you the replacement cost (cost of new like/kind/quality). But you don't have a deductible.

You may want to sit down with your agent and speak to him or her. Your agent may be able to help you decide which policy to pursue.

Answer 2

Your insurance company is not conning or scamming you. They have given you correct advice in that this is the way to make the claim and you are correct in that you will have to pay the excess. However this does not follow as A leads to B that your renewal premium will increase. The claim has to be made in this way because while your neighbour is technically at fault here, your neighbour's policy covers her contents and belongings - not yours (just in the same way as your policy does not cover your neighbours contents and belongings). Your insurance company will pay out on the claim for which you will have to pay the excess and then your insurers will claim that money back from your neighbours insurers. This may all seem unfair but it is the correct way that this would be done.

Answer 3

Normally on a buildings/home contents policy it is items within your domain or your ownership that are covered. Therefore your neighbour is able to claim from their insurers for their shed and the joint fencing - I do not believe they would be able to claim for your shed or your belongings in your shed. However, they have a moral obligation to recompense you.
Your insurance covers your building/home contents and all items you own or items within your domain and therefore your insurance should be paying out your claim. You appear to have an extremely high excess, you should also check whether you have your premiums covered in which case your premium would not go up.
I would make the claim then change Insurance Companies. (Surely your losses are more than 100 pounds anyway).

Answer 4

As everyone has said, if they aren't breaking the building codes, no, there is nothing you can do. In most spots, views are not protected, and there is nothing you can do if a neighbor builds something or plants (generally trees) in such a way that your view is degraded. There were stories out here in California of people paying a premium for a lot with a nice view of nature, only to find out a year later that their nice wooded view was going to be replaced with the next phase of buildings. All perfectly legal.

Answer 5

I agree with one of the other people who wrote here.
If it was me, if its the fault of the neighbors, their insurance should cover everything. That's not your liability. Actually, I would really talk to a lawyer to get some advice. That way you are covering all your bases. Many times, a lawyer will give you free advice. Even so, it would save you money in the long run no matter what.

Answer 6

Interesting question....I would say if you claim from your neighbours insurance you would not need to pay an excess as your own insurance company are not having to pay out....so you are not making a claim and your premium should not go up.....check with the neighbours insurance company and tell THEM that you with to claim on their insurance.

Answer 7

Hi, your claim technically is against your neighbour. It is up to them to either pay you compensation or let their insurance company deal with it. Either way your no claim bonus etc should not be affected. also you may have wot is called legal expenses cover which should advise / see you through the minefield of insurance claims..... DAVE

Answer 8

Your insurance company is scamming you. They should NOT raise your rates if it was someone else's fault and they are paying.

Most companies will have you go through them and they will collect but will not raise your rates. I'd call your agent and tell them you will be looking for another agency that won't try and rip you off.

Answer 9

No, this is a common insurance company policy.

Answer 10

your premiums will only go up until they reclaim off your neighbours insurance and you should get your excess back,but if your neighbours insurance are paying you direct then your insurance needn't get involved.hope this is clear for you.