Storm Darragh ripped through the country last weekend, leaving many without power, flooded properties and damaged cars. However, if you have been affected and you have an insurance policy – you may be protected.
However, in some cases, even though you have an insurance policy in place to protect you from the effects of bad weather, flooding or water damage, insurance companies will wrongly refuse to pay out. That’s where we can help.
Sometimes, insurance companies will use tactics to convince their non-lawyer customers that they are not entitled to a payout by quoting the technicalities of the contract. But, although this can sound convincing, sometimes it is wrong, and a breach of the contract.
Every contract and insurance policy is different, and the terms and conditions can be very confusing. With the help of a knowledgeable solicitor, claims can be made against your insurance company if they have refused to pay out, and you believe you should be protected.
Will my car insurance cover damage from a storm?
There is no simple answer to if your car insurance will cover storm damage – and every insurance policy is different. However, if you have comprehensive car insurance that specifies that you should be protected in the event of a flood or bad weather – your insurance company should pay out.
However, insurance companies will often look at the circumstances surrounding the event – and will categorise the claim into ‘at-fault’ and ‘non-fault’ claims. In some cases, if your car has been damaged from flood water because you drove into the water yourself – you may not be protected. However, if the flooding was completely unforeseen and your car was parked where you usually park it, then the incident will generally be considered unavoidable – and your insurer may be entitled to pay out depending on the terms of the contract.
If your car has been damaged in flood water through no fault of your own, you have comprehensive cover and your insurer has refused to pay out, get in touch today.
Will my home insurance cover flood damage?
Your home insurance policy should cover flood damage if it is specified in the contract – for example, if you pay for flood cover. However, there are different types of home insurance that you can take out which will cover different aspects of the property.
For example, buildings insurance may cover the structure of the home – for example permanent fixtures and fittings like plumbing, wiring and kitchen and bathroom fittings. Meanwhile, contents insurances cover the things you own in the home – including furnishings, household goods and clothing.
In most cases, flood cover protects your property if your home is damaged by a river bursting its banks or sudden rising water caused by heavy rainfall. If you pay for flood cover but your insurer has refused to pay out, get in touch today.
What classes as a ‘breach of insurance contract’
A breach of insurance is when a contract has been put in place between a policyholder and an insurance company, but one of the parties involved has failed to fulfil its contractual obligations as outlined within the insurance policy. For example, if you have house insurance that is supposed to cover flood damage – but your insurance company has refused to pay out and you think this is wrong – you may be entitled to claim.
Insurance contracts are legal agreements that specify the terms, conditions, and obligations of both parties. But if either party fails to meet these obligations, it may be considered a breach of the insurance contract, and you may be able to make a claim.
How do I make a claim against my insurance company?
To make a breach of insurance claim you need to prove that a legally binding contract was in place and that all or part of the contract was breached.
Here are three things you need to consider:
- The existence of a legally binding agreement was in place
- The agreement was breached
- There was a loss caused by the breach of contract
Breach of Insurance guide – 6 steps to follow
If you believe that an insurance company has breached its obligations under your insurance policy, you will need to take certain steps to make a breach of insurance claim.
Here is a general guide on what you can do:
1) Review Your Policy:
- Carefully review your insurance policy to understand the terms, conditions, and coverage details. This will help you determine whether the insurer has indeed breached the contract.
2) Document the Breach:
- Collect evidence that supports your claim of breach. This may include letters, emails, policy documents, claim denials, or any other relevant communication. Document specific instances where you believe the insurer has failed to fulfil its obligations.
3) Contact Your Insurance Company:
- Initiate contact with your insurance company to discuss your concerns. Explain why you believe there has been a breach of contract and provide the supporting documentation. It’s important to keep a record of all communications, including dates, times, and names of the individuals you speak with.
4) Request a Written Explanation:
- If the insurer’s response is not satisfactory, consider requesting a written explanation for their actions or decisions. This documentation can be useful if you need to escalate the matter.
5) Follow Internal Complaint Procedures:
- Many insurance companies have internal procedures for handling customer complaints. Follow these procedures, which may involve submitting a formal complaint in writing to a specific department or individual within the insurance company.
6) Seek Legal Advice:
- If your efforts to resolve the issue directly with the insurance company are unsuccessful, consider seeking legal advice. A legal expert with expertise in insurance law can assess the situation, provide guidance on your rights, and help you determine the best course of action.
Why should I use Oakwood Solicitors Ltd?
From the start of your claim until the conclusion you will have a dedicated advisor who will run your claim, assisting you in the event of any queries or issues you may have. We will assist you in claiming compensation from your insurance company if they have failed to pay out when they were required to do so.
Oakwood Solicitors Ltd will provide regular updates from your case handler up until your claim has ended. This is to ensure the process is as stress-free and effortless as possible.
Get in touch on 0113 200 9720 to speak to one of our experts today.
Further reading
Breach of Insurance Claims – Oakwood Solicitors
Danielle Lightfoot is a Director and our Head of the Financial Litigation Department. Danielle joined the firm as a Paralegal in 2011 and qualified as a solicitor in October 2014. She has acquired ext…
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