Home Subsidence rectified but not the cracks!

I filed a claim for subsidence in 2010. Insurance company said I would not be covered as the cause was due to inadequate drainage and poor workmanship, i.e. my fault. Due to the foot dragging on both sides, i.e. my loss assessor and the insurance company and also waiting for the structural engineers to set a day to conduct tests and trials to satisfy the insurance company and disprove their assertions, the matter dragged on for the best part of 18 months.

Beginning of this year, my oil tank developed a leak and a great deal of oil was lost. As the tank was located close to where the subsidence occurred, the engineer appointed by the insurance company recommended that underpinning be carried out prior to removal of the contaminated soil. Furthermore, the engineer (appointed by the oil contamination experts) confirmed that the assertions of the Loss adjustor in the subsidence claim was invalid as he was able to determine from the soil structure that subsidence had been occurring over a period of years due to the structure of the foundation shifting (sandy soil).

My problem now is that I am not sure what to do about the cracks in the bedroom as the Loss adjuster (who was aware of the previous claim) told me "historical problems"/ancillary damage would not be covered. The cost for repairing the cracks will cost me about €1500. The excess is €1000 although I no longer will be asking them to do anything about the subsidence - only the cracks in the bedroom.

How do I claim for this without incurring the excess which is phenomenal. The irony is that the excess on the oil spill was €750 and I would estimate the cost of remedying that was circa easily €3500+. I have been insured for the same company for over 23 years and this is my first, maybe second claim on the policy.

Has anyone had a similar experience? Looking forward to your comments, advice and guidance please. Thanks everyone......

Your subsidence excess is €1,000. There is no irony when it comes to excesses versus settlements. They bear no relevance. i.e. standard policy excess is €250/€350, water damage excess is €500, subsidence is €1,000.

You cannot avoid an excess. It is the self-insured portion of your insurance. However if the cracks arise from the subsidence claim and your subsidence claim is invalid you have no cover for the cracks.

Peteb - thanks for your comments. Perhaps I didn't explain myself clearly. Had I not had an oil spill and progressed with my claim for subsidence, the engineers report would have had sufficent evidence to support my claim for subsidence and all ancillary damages had it not been remedied by a subsequent claim due to the accidental oil spill.I am however left with the problem of the cracks which would have been covered had the subsidence and not the oil spill taken precedence.

Your post is really hard to read-long sentences, with too many different points etc and no paragraphs. That won't help getting people to give you advice. I suggest you go back and simplify/clarify it.

If the insurance company have refused the claim for subsidance the excess for subsidence is irrelevant. You have two options:
1.Appeal the decision-preferably with a new loss assessor or
2. Accept the decision and see if you can get the work done privately for the 1000 it would have cost you anyway.

Appreciate the feedback and suggestion. Thanks Luternau.