Just five years ago, 44-year-old Shivarna Mitra was thrilled when she was finally able to purchase her dream home: a semi-detached house in Leeds. She purchased the £217,000 (around $287,000 USD) house for her family and immediately put £80,000 (just over $100,000 USD) into renovating it.
Only a year later, her neighbor turned that dream into a nightmare.
“Four years [ago] next month, we have a demolition — illegal demolition,” Mitra told SWNS. “All of a sudden… they were taking everything down.”
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Her neighbor had totally torn down the house attached to hers, making some of her internal walls external and leaving parts of her house open to the elements. She’s had to deal with rats, high heating bills and even mold, thanks to water leaking through holes in the house.
“The list of problems is endless, and I don’t have the funds or the help to fix it,” Mitra told SWNS.
Here’s why she’s being left high and dry, despite having home insurance — and what to expect if you end up in a similar situation.
Mitra does have legal options, but the court system is moving too slow to help her
Mitra has both home insurance and legal expenses cover, an optional add-on for UK home insurance that will cover your court fees if you have to sue a third party for damaging your home.
But the legal system isn’t moving fast enough to actually help her get out of her current unhealthy situation.
“It’s not as simple as what people think to get it into court,” Mitra told SWNS.
The Leeds City Council agreed that the neighboring house was, indeed, torn down “without necessary permissions.” But it also said that the house “remained structurally stable” and advised Mitra to get in contact with her home insurer.
Civil litigation is a slow and complicated process. More complex lawsuits can take over a year — and messing up even one part of the process, which is a common occurrence, can cause significant delays.
Until Mitra is able to take the case to court, she has very few options. She can’t even sell the house to get some of her money back — at least, not at the price she spent to buy and renovate it.
“We can’t move if we wanted to move; who’d buy it?” she said to SWNS. “We’re stuck.
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What to expect if you have to sue someone else’s home insurance
If you live in the U.S. and a third party damages your house, the process is a little different than the process in the UK. Coverage for legal expenses isn’t an option in the U.S., but, instead, your home insurance most likely comes with personal liability insurance. This kicks in when someone sues you for damaging their home.
If someone damages your home, however, you should still report it to your homeowners’ insurance. They might choose to go through the subrogation process, where they pay you for the damages and then sue the third party that caused the damage.
You can also choose to sue the third party or their insurance directly.
Either way, expect to spend anywhere from weeks to years on the lawsuit process. Most civil cases end in a settlement to avoid lengthy legal battles, but if you go to court, you’re likely in it for the long haul.
No matter what route you choose to go down, you should document all of the damage thoroughly. The better job you do at getting evidence of the damage, the easier it will be for you to make your case down the line.
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Kit Pulliam is a DC-based financial journalist with over five years of experience writing, editing and fact-checking financial content.
