Claiming Insurance

Faith

I wasn't sure if this should go here, or in business somewhere, so feel free to move it if it's in the wrong place.

Long story short, water started dripping into my bathroom on Wednesday evening and got into an exposed electrical thingy. I had to call an electrician out to repair the damage. It cost £140 in total. The water stopped and I didn't think any more about it.

In the middle on Saturday night, the water started again, this time are a ferocious rate. We (myself and my flatmate) had to go up to the flat above us, where it transpired that their toilet was overflowing. It simply wasn't registering when the cistern was full. They turned off their water and it stopped. The toilet had also been acting up on Wednesday, which was the cause of the leak then. It turns out that the property is owned by the University, and that's who their landlord is. So can I claim back the cost of the electrician from the University's insurance, seeing as it was their fault? How do I go about doing that?

Also, during the summer when both my flat and the flat above me were unoccupied, there was another leak, resulting in my bathroom ceiling falling in. At the time, my parents just paid for it to be fixed. When I moved in, I discovered that a large portion of wallpaper had peeled off too (due to the water damage, I imagine). Can I also claim something from the Uni on this basis, or is it too late?

Thanks for any help.

Victor

You claim against the occupier / their landlord. It is for them to claim off their insurance. I don't see any legal bars to claiming for the ceiling other than it being difficult to prove the case.

Faith

Okay, but how do I go about doing it, exactly?

Paulw

Firstly, get all the costs, receipts and quotes for the work together. Then you can take them to court (small claims court works well). http://www.oasis.gov.ie/justice/small_claims_court/small_claims_court.html

Give them notice that you require payment for all the work done, and let them know that if they don't pay within say 30 days, then you'll take legal action.

Best of luck.

godtabh

Paulw wrote:

Firstly, get all the costs, receipts and quotes for the work together. Then you can take them to court (small claims court works well). http://www.oasis.gov.ie/justice/small_claims_court/small_claims_court.html

Give them notice that you require payment for all the work done, and let them know that if they don't pay within say 30 days, then you'll take legal action.

Best of luck.

Isnt that extreme? Talk to them first and see if you can solve it with out going to court. Dont put demands on it straight away and see how it goes

Paulw

Sorry, I guess I assumed that you'd already tried to talk and negotiate with them.

Always better to be friendly and get along with your neighbours, but then again, if all else fails .. the small claims court is there.

RainyDay

Paulw wrote:

but then again, if all else fails .. the small claims court is there.

Not for claims like this, it's not. The Small Claims Court is for claims by consumers against businesses.

godtabh

RainyDay wrote:

Not for claims like this, it's not. The Small Claims Court is for claims by consumers against businesses.

Not sure about the consumer side of things but would you be able to bring a landlord to court as he is running a businesses to court? Do you have to be directly dealing with businesses to be able to make a claim?

RainyDay

kearnsr wrote:

Not sure about the consumer side of things but would you be able to bring a landlord to court as he is running a businesses to court? Do you have to be directly dealing with businesses to be able to make a claim?

From courts.ie

The Small Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim and is provided for under the District Court (Small Claims Procedure) Rules, 1997 & 1999.

It is a service provided by District Court offices and is designed to handle consumer claims cheaply without involving a solicitor.

To be eligible to use the procedure, you, the "consumer" must have bought the goods or services (or the service) for private use from someone selling them in the course of business.

The procedure is not available for use by one business person against another.

The District Court Clerk, called the Small Claims Registrar, processes small claims.

Where possible, the registrar will negotiate a settlement without the need for a court hearing. If the matter cannot be settled the registrar will bring your claim before the District Court.
Type of claims dealt with

(a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)
(b) a claim for minor damage to property (but excluding personal injuries)
(c) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives provided that a claim does not exceed €2,000.

Claims in respect of other matters relating to rented accommodation must be brought to: Private Residential Tenancies Board, Canal House, Canal Road, Ranelagh, Dublin 6. Website: www.prtb.ie