How do you claim against your neighbour's insurance?

Question

José Manuel Alburquerque · Accepted Answer

In writing and directly to your neighbour's insurer, which must answer to you even if your neighbour did not notify it of the claim in time. Your neighbour is obliged to tell you which company they are insured with and what it covers. In the claim, explain what happened, where the water came from and how much it costs to repair the damage, with photos, the report from the plumber who found the leak and repair quotes. If it does not pay, you can sue it, either on its own or together with your neighbour. To be on the safe side, make a written claim before a year has passed since the damage, although in Catalonia the time limit is normally three years. What to send Your details, your neighbour's and, if you have them, the name of their insurer and the policy number. The date and cause of the insured event, with the report from the plumber or the company that found the leak. It is the most important piece of evidence, because it shows whether the leak was in private or communal pipework. Dated photos and videos of the damage. Quotes or invoices for the repairs and, if the damage is substantial, an expert's report. The account number into which you want to be paid. Send it by a method that leaves a record of the date and the content, such as a “burofax”, a certified letter with proof of content, with a copy to your neighbour. The written claim interrupts the time limit for suing, which then starts again in full from that point, both against your neighbour and against their insurer. If your neighbour will not tell you who their insurer is, you can ask the judge, before proceedings are brought, to order them to produce the policy. If the insurer does not pay Before suing, the law requires you to attempt negotiation. The prudent course is for your letter to be a genuine invitation to negotiate rather than simply a demand for payment. Keep proof that the insurer received it. If in the end you have to go to court and the judge finds in your favour, the insurer will also have to pay late-payment interest, unless it had a justified reason for not paying. That interest runs from the date of the insured event, or from your claim if the insurer proves that it was unaware of the event before then. If you have home insurance that covers water damage, you can also ask your own insurance company to pay you and to claim against your neighbour itself.