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Discuss How to claim against a plumber? in the Insurance for Plumbers area at

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  1. theanalyst

    theanalyst Plumber GSR

    You've got no chance.
    Due to the time scale. They are well within their rights to blame someone else for it, even if you say no one else has been out. It could have been caused by you or others for all they know!!
    Need to put it down to experience I'm afraid, and grit your teeth and fix it.
  2. lame plumber

    lame plumber Guest

    claim on household insurance, they will advice whether its worth pursuing and may do it themselves to get their money back, however you must consider overall costs involved. Small claims system may be the way ahead, but is it worth all the stress youll get, especially if the guy says he only ever uses screws. Did the tiler knock some in to secure a loose board? Its your word against his, a judge isnt likely to rule in your favour if others have followed to complete the bathroom later on, ie plumber final fixing after tiles laid etc. Be easy on yourself and claim on insurance, get it fixed and put it behind you, lifes to short.
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  3. peteheat

    peteheat Plumber GSR

    One thing I can assure of if you came to me threatening court I would give directions to the court house, if I saw this post and put two and two together you would get a similar response and I have always been known as a reasonable man who rules out nothing.

    My first question to you or the Judge is why call in another tradesman without notifying me or my company first?

    You pay your house insurance so now is the time to find out the value of that piece of paper.
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  4. petercj

    petercj Guest

    It was an electrician who allegedly put a nail through the pipe, and according to post 1, a plumber was called in to find and assess the leak. The electrician then being contacted with a request to come and see the damage before it was repaired, which apparently he rejected out of hand.

    The photographs would show whether nails or screws were used to replace the board, i.e. if there are nails and no screws in the board, then the electrician's version of events doesn't stand up.

    As far as the time gap goes, that shouldn't make any difference legally, the main thing being that the OP notified the electrician as soon as the damage was discovered.

    The obvious thing for the electrician to do was to have gone over to have a look and take some photographs, which if he was being honest about always using screws, would have provided good evidence of his response to the claim.

    If a home-owner puts in an insurance claim re damage caused by a tradesman doing work in the house, the chances are the insurance company will tell the claimant to explore all possibility of making a claim against the tradesman.
  5. peteheat

    peteheat Plumber GSR

    The tradesman (electrician, plumber or any other) who does not take up the invitation to view the damage or cause is in my opinion a fool, if the invitation is worded in such a way as to imply the fault has been established so bring your cheque book (in other words aggressively) I would still go but in am extremely defensive mode as opposed to being open to sorting out a problem I may have caused or been part of.

    Two sides to every story, usually somewhere in the middle we find the truth (no dis-respect intended to the O.P.).

    If a home-owner puts in an insurance claim re damage caused by a tradesman doing work in the house, the chances are the insurance company will tell the claimant to explore all possibility of making a claim against the tradesman.

    My experience is the opposite, homeowners insurance treats the claim like any other (without prejudice) then they will chase up the party they believe to be responsible and claim from their insurance, today the insurance companies have a lot of information available to them such as who has valid insurance and if it's worth going through the process or just take the hit themselves.

    Either way the homeowners insurance company can win on small claims, while there is no official no claims bonus on home insurance policies try switching to a cheaper / alternative provider if you have made a claim (successful or not) in the past five years, nobody wants to quote or accept your business.

    They now have a captive policy holder who must pay their renewal figure even if they recover the total claim from another party's policy.

    I have been employed by both sides in such issues as a very well paid expert witness.
    Last edited: Nov 25, 2012
  6. petercj

    petercj Guest

    As stated on the link below, insurance companies take the view that their policy-holders have a duty of care to ensure that any tradesman working on their property is covered by way of their own insurance for any damage they cause. Failing to meet this duty of care can invalidate the home-owners policy.

    If you know of cases where the Insurance company has paid up without query, and then chased the tradesman for recovery of costs, I would think the policy holder probably had Legal Cover attached to their policy.

    Sainsbury's Bank Media Centre - 2010 releases

    If the OP had photographs showing where the cabling had been done, and the photographs showed that the board covering it had been nailed and not screwed, and the plumber noted in his billing that the leak had been caused by a nail, I don't see the OP having any problem in getting judgement in his favour in the small claims court.

    Such claims are decided on the balance of probability in Civil Courts, so such evidence should be enough for a Judge to make a decision on.

    I don't see why the OP should put it through his home insurance and end up paying a higher premium next time he insures as a consequence. If the electrician has caused the problem, then he should cover all costs of putting the matter right.
  7. Doodlebug

    Doodlebug Plumber GSR

    I knew you'd be all over this thread Petercj lol ;)
  8. peteheat

    peteheat Plumber GSR

    In all the years I've been in business I could count the number of times a private customer has asked for proof of my insurance on one the fingers of one hand, Judges do not like anyone pointing to the small print (terms and conditions) of any contract.

    I believe I have pointed out that I would be pro-active in resolving the issue.
  9. plumb

    plumb Guest

    At the end of the day, the judges are not daft. They look at the evidence placed before them and work out what they think happened. Small claims court has very low fees. Of go through the house insurance and they can deal recoup the money from the person at fault if they think they can get their money back.
  10. Kev the gas

    Kev the gas Plumber GSR

    Post revival!

    Just had a quick read thro, Yelf the OP obviously thought the Sparky would have a better chance of paying up rather than a tiler who nailed down a board that would affect his tiling.

    Would the sparky know where a pipe would be, had he lifted the board ?? Bet the tiler did it :punk: Anyone for Cluedo :clown:
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