Sunday 14 August 2011

Riot Damages: The Claim Form.

For my sins I've been going through the "Form of Claim, Riot Damages Act 1886" which can be downloaded here;

http://www.legislation.gov.uk/uksro/1921/1536/pdfs/uksro_19211536_en.pdf

Although it was written in 1921 it's just your standard insurance claim form. On the first page the first five (5) points are rather self explanatory. For point six (6) you need to write in the address where property was damaged, stolen or destroyed. For point seven (7) you need to write a brief description of what happened e.g "Shop looted during riot" or "House set on fire during riot." The "during riot" part is important because the act does not cover crimes committed outside of a riot situation.

For point eight (8) you are asked to provide documents proving both that there was a riot and that the property you are claiming for existed. For the worst hit areas the address should be enough to prove that there was a riot. However you should also include a crime reference number from the police. Photographs of the scene and copies of the local newspaper will also help because no-one's ever had a claim turned down for providing too much evidence. As for proving the existence of the stolen/destroyed/damaged property send photocopies of receipts, invoices, stock lists etc. Remember to label each document with either a number or "Exhibit A", Exhibit B" etc. Then in the small section on the form write things like "Exhibit A - police crime number", "Exhibits B-F - receipts."

Point nine (9) is for any documents like property title deeds, tenancy agreements, business accounts, CCTV footage that is too valuable or too bulky to send in with the form. Simply list them and say that they can be viewed by appointment at contact details.

Then there are the Schedules which I think are too small to be of any use. So don't be afraid to write "See attached" on them and continue on separate sheet(s) provided that those sheets are correctly labelled e.g "Schedule A" and contain all the information the form asks for.

Schedule A covers buildings owned by you that have been completely destroyed. Fortunately this won't apply to most people so simply cross it through and write N/A for non-applicable . If it does apply to you then really need a solicitor. However in the first column you should write the address of the property, what type of building it was and your interest in it. So for example "99 Madeup Road, shop, owned and occupied." or "99A Madeup Road, apartment, owned but rented to another." The second column asks how it was destroyed so you should write something like "fire" or explosion" depending on what happened. The third column just asks how much it will cost to replace it so just write how much you paid for it or an approximate market value. Point one (1) here asks for the name of any insurer who has insured the property and how much they are expected to pay out. This figure will be deducted from the claim under the act. So unless you actually have a firm, written figure from you insurer at the time you submit the form I would just write the name of the insurer and the figure £0.00. However if your insurer does pay out after you make your claim you are obligated to pay that money back.

Schedule B covers repairable damage to buildings owned by you. If this does not apply to you cross it through and write N/A. However if it does apply in the first column you should write the address of the property, the type of property it is and your interest in it e.g "99 Madeup Road, shop owned and occupied." The second column asks for a brief description of the damage done so you would write something like "Window smashed" or "Shutters torn away." In the third column you write in the cost of repairs if they've already been carried out and include an invoice. In the fourth column you write a tradesman's estimate for the cost of repair if they've not been carried out. Also include a copy of that quote when you submit the form. Point two (2) here should be treated the same as point one (1) in schedule A.

Schedule C Part 1 relates to property that belongs to you that has been damaged inside a property. Unless you intend to repair damaged items rather then simply replacing them just cross this section through and write N/A. However if it is more cost effective to repair the first column asks for just the address in question. The second column asks for details of the property damaged. So you would write something like "Cash register smashed open" or "TV knocked from stand and smashed." In the third column you write in the cost of repair if the item has already been repaired and include an invoice. In the fourth column write a tradesman's estimate of the cost of repair if it's yet to be carried out and include a copy of the quote. In the fifth column write any additional costs other then repair such as hiring a replacement while repairs are carried out. Point one (1) here should be treated the same as point one (1) in schedule A.

Schedule C Part 2 relates to property that has been damaged which you do not own but has been left in you care by it's owner. The kitchen appliances in a rented apartment would be a prime example. If it does not apply to you simply cross it through and write N/A. However if it does you fill in part 2 in exactly the same way you fill in part 1 but where it asks you for the name and address of the property owner you write in the name and address of the property owner. Point two (2) here should be treated the same as Point one (1) in schedule A.

Schedule D Part 1 relates to property owned by you that has either been stolen or damaged beyond repair. If it does not apply to you simply cross it through and write N/A. The first column asks for just the address where the property was stolen/destroyed so you write the address. The second column asks for a brief description of what was stolen/destroyed. So you write things like "Apple iPhone." The third column asks for the value of the item. So you write in the value of the item and include a receipt when you submit the form. Point one (1) here should be treated the same a point one (1) in schedule A.

Schedule D Part 2 covers property that was stolen/damaged which was not owned by you but had been placed in your care by it's owner. If it does not apply to you simply cross it through and write N/A. However if it applies to you fill it out in the same was schedule D Part 1 but include the name and address of the property owner. Point two (2) here should be treated the same as point one (1) in schedule A.

There is then the summary where you add up all the totals from the schedules. Finally there is the declaration which you fill out as applicable, write your address, sign and date. Obviously where it says "19" for the date cross it out and write "2011." I should warn you that by signing the declaration you are making the form an official document so if you knowingly submit false information you could be prosecuted. I should also warn you that I have no legal qualification or training so this is simply my opinion. If you have doubts and can afford it you should seek proper legal advice.

There is also some debate about whether or not you can claim for damage to vehicles under the act. In my untrained, unqualified opinion I think that you can but only if those vehicles are used as part of your business. If the vehicle in question is not registered to a business you will have to open you accounts and tax records to prove that it is a machine used for the purposes of running
a business.

Anyway I think it's probably best if I leave this topic alone for now otherwise it will look like I'm starting a campaign and that won't help make things run any smoother.

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