OT-Any attorney or insurance guys (homeowners)

[RU5781]

Question...
Live in a condo. Our toilet overflowed (clean water after flushing) for about 5 minutes. Neighbor below came up...water leaked into his ceiling, and said it started to bow (water wasn't THAT much).

From what I understand, I am not negligent (it was a sudden issue not due to negligence). I have Liberty Mutual as my insurance.

I figure he will file a claim against his insurance, and his insurance would then sue Liberty Mutual (I'm sure they'd come to a settlement). Do I have that right? What should I be doing on my end so I don't end up having to pay out $$ (other than a raised premium)?

A plumber is coming tomorrow to look at the toilet, but I know it was just clogged and overflowed (while running).

 

[ClassOf02]

You should check your condo bylaws and also find out who insures the condo association to see if there could be coverage there. Doubt it since the issue arose within your unit, but worth checking.

 

[RU4Real]

Get out in front of the situation. Send him a copy of your water bill.

 

[miketd1]

Check your bylaws, but they typically only cover things "outside" (roof, skylight, windows, etc.).

Your neighbor would file a claim with their insurance company. If the loss amount exceeds a certain threshold, it might be worth it for them to investigate further to determine liability at which point you may be contacted. At that point, you would talk to your insurance company.

However, based on your description of the incident, your neighbor will likely have the damage repaired, receive a claim check, and the case will be closed -- not enough damage done to warrant digging too deep (requires additional resources like specialized adjusters, etc.) or risking "bad-faith" by refusing to pay the claim.

Now if there is structural damage to the building because of the incident, the condo owner would be working with your insurance directly (they likely required you to provide proof of insurance from day 1).

 

[ClassOf02]

Check your bylaws, but they typically only cover things "outside" (roof, skylight, windows, etc.).

Your neighbor would file a claim with their insurance company. If the loss amount exceeds a certain threshold, it might be worth it for them to investigate further to determine liability at which point you may be contacted. At that point, you would talk to your insurance company.

However, based on your description of the incident, your neighbor will likely have the damage repaired, receive a claim check, and the case will be closed -- not enough damage done to warrant digging too deep (requires additional resources like specialized adjusters, etc.) or risking "bad-faith" by refusing to pay the claim.

Now if there is structural damage to the building because of the incident, the condo owner would be working with your insurance directly (they likely required you to provide proof of insurance from day 1).

If this is the way it goes, you might consider doing the neighborly thing and offer to pay your neighbor's deductible.

 

[RU5781]

If this is the way it goes, you might consider doing the neighborly thing and offer to pay your neighbor's deductible.

That's what I figure, and I'd have him sign something saying I have no liability, I am not admitting guilt, etc.

 

[Scarlet4Shore]

I live in a condo, and am on our board. First, check your bylaws. We had this happen with side by side units. The person who's water overflowed was responsible for the damaged unit. He had to submit the claim to his insurance for repairs for his neighbors unit. The association was not responsible. Here, the homeowner is responsible for the walls in.

 

[miketd1]

If this is the way it goes, you might consider doing the neighborly thing and offer to pay your neighbor's deductible.

That would be an honorable thing to do.

However, I would only offer to do that once your neighbor received the claim check. That way 1.) you would know what your offering in terms of $ (might just want to go 50/50 if it's $$$) and 2.) you don't do anything that could be taken as a sign of admitting liability -- who knows what damage is behind the wall? Could be your fault, but could be some preexisting issue (ie: roof leak damage somehow weakened your floor/his ceiling). If you offer to pay, it could be argued in court that you were admitting liability.

If you offer to pay after the claim check is received, the case is already closed.

 

[ruvsi]

Your HO6 policy would cover the neighbors damage. It was your toilet that caused the damage.

 

[miketd1]

Here is a link that describes what I previously outlined above. It's a couple of years old, but I think the same rules still apply.

 

[RU5781]

I talked to Liberty Mutual and my HOA President.
LM said they will get involved if my neighbor's insurance or my number comes after me.
HOA President says our Master Policy has a provision for water, with a 2k deductible. It will be up to the homeowner as to which route he wants to go.
Because negligence would be near impossible to prove against me, I could be an A-hole and say I'm not paying a dime.
But, what miketd said sounds about right, and it's probably what I'm going to do.

Scarlet, that doesn't sound right. My insurance works for me, not my neighbor. That's neighbor's insurance should have paid, then gone after the other insurance company if it was inclined to do so.

 

[RU4Real]

Whatever you do, do NOT send your wife to negotiate with your neighbor. History has proven that she has poor judgment.