Neighbour's builder damaged my house and fence - Sydney

Because the policy reads that way. Its not the role of household insurance to cover the negligence of a builder. Its going to be a (big) claim on their PI for...negligence. May also need a claim under the QBCC for this guys competence. I hope his license comes up on their site. If not, @origin and the neighbour may become court adversaries in a legal claim.

 

Thank you, everyone, for the input. Lucky no one was injured in this event. I was working from home in the kitchen area. When I heard a loud bang in my bedroom.
Council has fined the builder for breaking the DA. I am not sure how much it will cost me for the lawyer.

 

Insurance took 3 weeks to make report and rejected

 

Yeah, it is not really your insurers issue, but they usually help people out.

Somebody would have to have sighted insurance before council or other gave ok, I would imagine.

Well, it will not be cheap, most solicitors are now 350+gst per hr, to 450, I know someone who is less.

 

So if a neighbors son drives their family through your fence into you house doing similar damage would Allianze Insurance also deny your claim, ai doubt it.

Either way your house was damaged and I view it as a not at fault claim for you.

That really is a shocker and you should not be out of pocket a single cent !

*PS, looking at those pic's I thought you were doing a Knock Down Rebuild

 

This can be a difference between insurers, some are quick to wipe their hands.

Anyway you would expect some assistance with this.

I am not going to read PDS, but it shows you how easy you can get into a bad position, if it was an IP, there goes the rent & many insurers will be a headache here too.

 

That's exactly what I was thinking. Amazing that an assessor did turn up, inspected the damage, and concluded that the insurance company wasn't going to get involved!

 

This has been going through many of our minds this evening I bet! That was my exact example.

 

Read the PDS closely for gotchas.

Anything that is not plain English or confusing, write and ask.

 

Here is the pds from westpac insurance
Covered • a claim resulting from an occurrence for which you are legally liable, provided the occurrence happens during your period of insurance and is not excluded in your policy • all costs of compensation and the legal fees and expenses that you are legally obliged to pay as a result of such a claim • your reasonable legal fees and expenses that we incur on your behalf, or that you incur with our prior written consent as a result of such a claim, or legal costs and expenses which are awarded against you. Note: You can only claim for legal fees and expenses if we have agreed to them in writing before you incur them. Up to $20 million Up to $20 million Up to $20 million Not covered Any legal liability that arises: • from bodily injury to, or the death or illness of you or your employees arising out of their employment by you • from acts or omissions by you or someone with your consent, if the acts are unlawful or are intended to be done or are done with reckless disregard for the consequences • out of your employment of domestic and other workers Continued on page 45 6 Other cover 44 • out of or in connection with any business, profession, or occupation carried on by you, other than babysitting and/or the renting or leasing out of the home at the site and/or use of part of the premises as a home office • from breach of any professional duty owed by you to any person that arises in the course of any business, profession or occupation carried on by you • from loss or damage to any property that is owned or controlled by you or your employees • because you are liable by contract or have agreed or accepted liability without our agreement first • in the course of construction of your building or from building work to your building costing more than $50,000 • because you own or occupy any land or building other than the building or site covered by this policy • in connection with the common property where the home is a strata, group or community title unit • because of vibration or interference with any land, buildings or property • from an animal other than a horse, dog or cat, or other domestic pet kept at the site • from a dog if it has been declared dangerous by a relevant authority • from the transmission of any disease, or the supply of any drug • from asbestos or any product containing asbestos • as a result of any actual, alleged or threatened contamination or pollution of any property, land, the atmosphere or any watercourse or body of water (including groundwater) other than arising from an occurrence which: – is neither reasonably expected or intended by you, and – is a consequence of a sudden cause which takes place at a clearly identifiable time during the period of insurance • from your participation in any professional sport • from the use or ownership of motorised watercraft and other watercraft more than four metres in length (other than surfboards, sailboards, surf-skis, canoes and kayaks) • from the use or ownership of motorised vehicles, go-karts, mini-bikes, trail bikes, any registrable vehicle, caravans and trailers (other than wheelchairs, mobility scooters, golf buggies, ride-on lawn mowers, children’s ride-on toys or mini-bikes where the engine capacity is not more than 50cc) • from the use or ownership of aircraft or aircraft landing areas, micro-lights or hang gliders (other than model or toy aircraft) • due to earth or soil movement (other than earthquake) including landslide, subsidence or erosion • from tree(s) on the site where the roots cause damage to someone else’s property. We will not cover you for: • any legal liability for any loss or damage that is caused by or arises from any of the exclusions described under the sub-heading ‘War, terrorism, chemical, biological and nuclear material’ (refer to General exclusions on page 12) Continued on page 46 45 6 Other cover 46 • any legal liability that arises in connection with a computer system, hardware, programme, software, data, information repository, microchip, integrated circuit or similar device in computer equipment or non-computer equipment • claims made against you because you failed to insure against property damage required by a relevant state or territory strata title or group property act • any penalties, fines, punitive, exemplary or aggravated damages for which you are liable • actions brought against you in a court outside Australia or a court that applies other than Australian law • legal liability incurred after you cease to be an owner of the site • legal liability which is covered by a building insurance policy intended to replace this policy • legal liability incurred by you as the owner or occupier of the site as a result of an occurrence during any period when the site is deemed uninhabitable by us or a regulatory authority (including any period of building reconstruction) • legal liability that arises after we have paid a claim under your policy that is for the total sum insured (unless otherwise stated).

 

look at specific exclusions.

I was not wanting to read someone elses PDS, but theer is a part there that says any soil subsidence, landslide, erosion except by earthquake.

That is what has happened, they have cause the soil etc to give way.

I think any decent insurer would assist however, because it may get to a legal argument of what those things are, i.e if caused by nature or someones actions, 2 different things.

You could or should have asked them in writing what they are relying on to deny a claim, assuming you put one in. And what/where does it say this event is not covered.

Then you can assess what to do properly. But it falls onto the builders insurance either way, it is only a matter really of having your insurer assist or not initially.

Do not lose sight of who really is at fault here.

 

Hello Dabbler
Thank you. My insurance told me it is under a liability claim from the builder. Westpac could not help. I need to do it myself.
I am waiting on the phone for them to send me the denied claim in writing.

HOw about this professional fee ? can i claim it from below look like they covered it

Professional fees Essential Care Quality Care Premier Care We will cover the cost of employing an architect, surveyor, engineer, building consultant or lawyer that might be necessary for the repair or replacement of your building following an insured event. Up to 10% of the sum insured Up to 10% of the sum insured Up to 10% of the sum insured

 

A solicitor who reviews and advises can advise whether the policy includes damage for impact from neigbouring works. I would be starting with a request for the insurer to explain in writing why a claim is denied. Many insurers disclaim cover for matters where another party causes the loss and they are insured. Otherwise its possible to double claim. Many insurers refuse claims if there is potential for other cover to pay a claim. The owner possess a common law right to sue for their loss and the builder should have insurance to meet that claim.

Page 34 of this PDS covers "impacts". It doesnt mention a building being struck by neighbouring works. It does cover cars, boats and airplanes

 

YOU dont claim anything. You will seek to claim on and sue the builder who will refer that claim to their insurer who will project manage the whole repair. You dont have a insured event so this clause isnt relevant. If you home burned down it would allow up to 10% of the insured amount as an addition for design, drafting, council approvals etc

This is a legal matter. Go see one.

 

It says they will cover fees for insured events, seems they are saying it is not an insured event.

The one you need to seek costs from will be the builder or builders insurer.

As said, keep in front of mind who is responsible.

If it is clearly an non insured event, I would not waste too much energy arguing with my insurer and get going on this builder

 

Hello, Paul / Dabbler
Ok, thank you. My solicitor is gathering information to try to claim it under builder insurance. my solicitor building consultant is inspected today for the damage and taking a picture

 

That is terrible. Take plenty of photos and a video as evidence if it were to go legal.

 

I would have a solicitor that **specializes in building law / development**.
Id make sure I had ID of the builder. and their address.
Id check project was approved by council and get approved docs.
Id check builder was licenced. Builders company licenced?
Id get structural engineer report. A report on how it should be repaired?
Id make sure elements had support to make sure to stop further damage. And put tarp over open area - get this done by professionals - looks dangerous to try to do this yourself.
Give these docs to my solicitor.

 

Sorry everyone I was delayed I was gathering all the information mentioned by Gill Bates and Maree. Thank you . now i have a structural engineering report. I gave all of those to my solicitor. at the moment we are waiting for the builder to respond in 7 days. tomorrow Friday 29 2022 last day if the builder still not respond. my solicitor will tell me the next move