# advice on making a claim on the building insurance of an apartment complex.



## nathan210705 (4 May 2011)

All,

I'm looking for a bit of advice on making a claim on the building insurance of an apartment complex.

Basically the apartment above me had quite a bad leak, which filtered down into my apartment. The walls and ceiling are damp, the lights are gone (and the trip switch won't work) and the door frame may be damaged due to the leak coming through the frame. Plus the fire alarm, which is hooked up to the electrics is making strange beep sounds, which isn't normal.

I've been onto a loss assessor who did a report on the damage. 

I then got onto the management company for the insurance details so that the loss assessor can work to resolve the issue. Basically the management company told me that I HAVE to work with them to resolve the issue and that they won't be giving me the insurance details. I was told to send them quotes for the damage and THEY will work with the insurance company.

The thing is, I'm not an expert in loss/damage assessment and therefore, I'm not in a position to pinpoint any damage that isn't obvious, so how can I get quotes for things that I'm not trained to see.

What are my rights here? In this scenario is it normally up to the individual apartment owner to assess the damage and get quotes for the damage that is obvious? What above the damage that isn't obvious?

Thanks in advance.


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## redfedora (4 May 2011)

You wasted your time getting your own assessor. The insurance policy is in the name of the company so they are the only ones that can make claims. The MCs position is the right one in this case

The correct procedure is that you first report the damage to the MC/MA, they then investigate the issue. They then make a decision as to whether they make a claim or repair the damage (if its minor). Bases upon your description with damaged electrics etc then it'll probably be an insurance claim due to the cost. 

If the MC make a claim *they* call the insurance company and report the incident. The insurance company then contacts you and sends an assessor out. 

I've heard of assessors coming out and deciding the damage was caused by a *build defect* and the instruct the owner to chase the builder and then the Insurance company does not honour the claim, or if they find that the damage was cause through *negligence* they wont honour the claim (in your case possible negligence on behalf of the person above by letting something overflow). If they feel your neighbour above was negligent they you may have to chase your neighbour in a civil case for damages which i've also seen happen. 

If they find there is cause for a claim then the damage is repaired and your recieved you cheque less any excess on the policy. Also if you have any *outstanding service charges* the MC may decide not to put in a claim as you haven't paid your portion of insurance, or they may put in the claim but deduct any outstanding service charges from the payment received from the claim.


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## purpeller (4 May 2011)

Redfedora is spot on with his answer.  I just want to add that another possibility is that the *excess may be very high* to deter claims, and the MC may suggest that the owner above (if found negligent) pay for the work and completely cut out the insurer.


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## nathan210705 (4 May 2011)

Thanks for the responses. When I explained to the MC what happened and asked whether the tenant above had the liability, they said that unfortunately it goes through the building insurance in this instance.

The excess is €850, which is quite high, but TBH I need to get the damage repaired asap as it's starting to smell and the fault with the electrics is dangerous especially with 2 young children there.


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## purpeller (4 May 2011)

That is a high excess but it could be much worse.  I know of a place that have put theirs up to €5000 to stop claims (it's a development with a lot of claims in the past).

Hopefully you can get it sorted quite quickly.  Good luck!


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## redfedora (4 May 2011)

ours is higher than that and then claims of a certain type are higher because of the large number of that type of claim. I've heard of excess of up to 5K in the past alright.


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## amtc (4 May 2011)

The apartment aboev mine leaked into mine; I got an assessor and dealt with the insurance myself - all worked out fine


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## redfedora (5 May 2011)

@amtc well the insurance company is in the wrong in your case they, should not have allowed you to make a claim as the policy was not in your name. 

All possible claims related to properties in a MC must go through the agent, the company owns the property not you the owner. You own the 4 inside walls, floors and ceiling. The person above you owns the same, the external walls or balconies are the property of the MC so they decide on whether they want to make a claim regardless of the damage to your property i.e. if its more cost effective to do the repair themselves for example, especially if the damage is minimal and the repair cost is minimal then its not worth adding to the claims history. Also they can decide to exclude things from the claim, for example if you have lovely hard wood floors but if your *lease* states that you can not have wooden floors then they do not have to replace them if they are damaged. 

As an owner your only right is to request an assessor, the company decides what action to take after that. 

Also some MCs wont send an assessor or carry out repairs if you have *outstanding service charges* which i for one agree with.


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## uptomyeyesin (6 Sep 2011)

Hi,

I have read with interest the above. I am in a similar situation - drains outside my apartment backed up, a lot of waste water flooded my apartment, have put in a claim for the repair works. At this point the MC told me of a €1500 excess on my claim. 

I cannot believe that I am liable for the excess - fair enough if it was caused by something I did. 

So my question is this - the MC hold the insurance policy, are they not liable for the excess? If I claimed on my own policy, fair enough, I am liable. But this is outside my apartment, outside my control and after the fourth incident of water backing up I am at the end of my tether. 

Has anyone successfully challenged paying the excess?

Thanks


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## redfedora (19 Sep 2011)

in my experience if you make the claim you pay the excess, you could look at taking a small claim to the value of the excess against who ever is responsible for ensuring the drains outside remain clear because it is this that caused the damage to your property and so i would suspect that they would be liable for the damage.


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## zenga (21 Sep 2011)

uptomyeyesin said:


> Hi,
> 
> I have read with interest the above. I am in a similar situation - drains outside my apartment backed up, a lot of waste water flooded my apartment, have put in a claim for the repair works. At this point the MC told me of a €1500 excess on my claim.
> 
> ...


 
Again this confusion, I really wish the difference between a managing agent and the management company would be explained to people before they buy an apartment.

If the MC is liable for the excess, then it is all owners including yourself that would end up paying that excess as all monies paid out by the MC is levied on the members each year, the fact that the excess is only affecting your property means that you are liable for the excess.

On the drains, they are generally the management companies responsibility to keep clear but it would be beneficial to clarify as it may be yours!!


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