Thursday, 8 May 2014

Who is in charge?

When the owner or occupier of any property finds that there has been a fire in his or her property they frequently find themselves excluded and confused. The Police and Fire Service appear to close ranks and the insurance loss adjuster may treat them with suspicion.
The owner often does not know who to turn to or who is in overall charge of a property which, up until the fire had been entirely his or her domain and responsibility.
It is an unpleasant truth that owners and occupiers are often suspects or, at the very least, biased witnesses. The various agencies concerned with investigation of the fire have little choice but to treat them as such.
But who is in charge?
Probably the clearest scenario is where there is any suspicion of crime: The Police have (or should have) full control. They will take possession of keys and will arrange secure boarding up. Perhaps even keep an officer posted on site.
Where there is no crime then often the insurer effectively takes possession but, under normal circumstances, cannot exclude the owner. It is the insurer who is going to be expected to pay for the loss so it is entirely in the insurer's interest to keep the scene preserved in the same manner as a crime scene. There will be crucial evidence that the insurer may rely upon in order to refute the claim or to make a full or partial recovery of costs from another party.
There will often be multiple insurance interests from other policies, buildings, installers or manufacturers.
The Fire Service? after the fire is fully extinguished they have the legal authority to investigate, to conduct interviews and to take samples. They should give 24 hours notice but they have no authority to exclude the owner from access.
Gas and electricity? They have right of access in order to make systems safe.
Each of these agencies may engage the services of an investigator and those investigators may engage specialists. So yes, it can be very confusing for the owner. It is often the investigator or the loss adjuster who explains the situation. It is they who tend to have the most direct and frequent contact.
I always try to engage the owner or principal occupier. It is the best way to get cooperation and good information (of course with the usual caveats). They know the building better than any other.

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