Avoiding that sinking feeling: Your guide to handling subsidence claims
In a world where the weather continues to surprise us, it’s no shock that 2023 was recorded as the second warmest year, with February 2024 setting records as the warmest February ever.
This trend towards extreme weather conditions brings with it an increase in subsidence claims, primarily caused by tree root moisture extraction during prolonged periods of heat.
Subsidence claims can be a nightmare to navigate, often stretching over years and fraught with unjust denials. The process is further complicated by insurers outsourcing these claims to agencies more focused on competing for business than fairly assessing your situation.
In cases where a business investigates a claim under a fixed fee but bears the risk of payout, their incentive to minimize settlements is unmistakable.
How we can help
Fighting for fair treatment in subsidence claims can feel like an uphill battle, especially when up against insurers’ tactics designed to minimize their financial responsibility. Our panel of solicitors specializes in these exact disputes, offering no win-no fee arrangements to ensure you have access to the support you need.
If you’re facing the stress of a subsidence claim and feel lost in the complexities of the process. Contact us today to take the first step towards a fair resolution.
What is subsidence and what can cause it?
Subsidence refers to the gradual sinking or settling of the ground beneath a building’s foundation. This downward movement can cause structural damage to buildings, including cracks in walls, floors, and ceilings, as well as misalignment of doors and windows.
Several factors can contribute to subsidence:
- Ground Conditions: Certain types of soil, such as clay, shrink or expand depending on moisture levels. When the soil beneath a building shrinks, it can lead to subsidence.
- Tree Roots: Large trees planted close to buildings can absorb moisture from the soil, causing it to shrink and leading to subsidence. The roots may also physically disrupt the foundation of a building.
- Water Leakage: Leaking drains, pipes, or underground water sources can soften the soil beneath a building, leading to subsidence.
- Mining Activity: Past mining activities, such as coal mining, can create underground voids or changes in the structure of the ground, which can result in subsidence.
- Construction Work: Excavation or construction work near a building can alter the stability of the ground, potentially causing subsidence.
Understanding the causes of subsidence is crucial for homeowners to identify and address issues early to prevent further damage to their properties. If you suspect subsidence, it’s important to seek professional advice and, if necessary, initiate an insurance claim to cover the costs of repair.
How a subsidence claim works
The duration of a subsidence claim can vary depending on several factors, including the complexity of the case, the responsiveness of the insurance company, and the extent of the damage.
In general, subsidence claims can take several months to resolve, particularly if there are disputes or negotiations involved. However, some claims may be resolved more quickly if the damage is relatively minor and straightforward to address.
A subsidence claim typically involves several steps:
- Assessment: The homeowner notices signs of subsidence, such as cracks in walls or uneven floors, and contacts their insurance company to report the issue. The insurance company may send a loss adjuster or surveyor to assess the extent of the damage and determine whether it is indeed caused by subsidence.
- Investigation: If the surveyor confirms that subsidence is the cause of the damage, they will investigate the underlying factors, such as soil conditions, nearby tree roots, or water leakage, to determine the root cause of the subsidence.
- Claim Submission: The homeowner submits a formal insurance claim to their insurance company, providing all relevant documentation and evidence of the subsidence damage, including the surveyor’s report.
- Negotiation: The insurance company reviews the claim and may negotiate with the homeowner or their representative, such as a loss assessor or solicitor, regarding the scope of the claim and the extent of coverage provided under the insurance policy.
- Repairs: Once the claim is approved, the insurance company will typically cover the costs of repairing the subsidence damage to the home. This may involve underpinning the foundation, repairing cracks, and addressing any underlying issues contributing to the subsidence.
It’s essential for homeowners to stay informed and proactive throughout the claims process, seeking professional advice if needed to ensure their interests are protected.
Case studies that speak volumes
Our panel solicitors have a wealth of experience in dealing with subsidence claims, and their success stories highlight the importance of expert legal support.
A Battle of Stability
Imagine submitting a claim only for the insurer to drag their feet for six years, all while insisting your property merely needs a fresh coat of paint. This was the reality for one homeowner who, upon refusal to settle for less, partnered with our panel solicitors.
Through legal action and undeniable expert evidence, the homeowner saw justice as the insurer was compelled to pay over £200,000 for necessary demolition and reconstruction.
Root Barrier Resistance
Another homeowner faced acknowledgment of their subsidence issue by their insurer but was met with a cost-cutting solution—a root barrier.
Expert advice revealed the true necessity of underpinning, a stance the insurer refused to accept until legal proceedings forced their hand, resulting in a payout exceeding £300,000.
Contact us now for expert assistance!
Experiencing subsidence issues at home? Don’t wait, let us handle your insurance claim hassle-free.