Will ins pay for flood damage if we dont have flood ins? what if its coming from the sewers?

Question

My county has been declared a state of emergency and my basement has flooded at least twice in two weeks by about a foot. last time there was a neon tetra swimming in the water whicch tells me its coming from the sewers! my landlord has not filed a claim. she fears it will raise her rates or that her ins co will drop her from coverage for trying to file a flood claim w/o having flood coverage! i have no washer/dryer, my water heater is a mess. lord knows what the furnace is like, and not to mention the risk of black mold! FEMA can't help me until she at least files a claim...how can i convince her to do it?

Answer 1

Flood damage is excluded from coverage under all American homeowner's policies. Homeowners must purchase flood insurance in order to have this coverage.

There is a rider available through most insurers called "Backups Through Sewers and Drains" that might provide some reimbursement. But your landlady's reluctance to file a claim prevents it. Here's my advice:

1) Ask your landlady to call your State's insurance commissioner to see whether, under state law, one claim can raise her rates or cause her to be cancelled. In my state, there's a specific statute governing this; your state may or may not have one, too. If the answer is favorable, she can proceed.

2) Surely FEMA is able to compel the filing of a claim in this instance. Have you spoken with a FEMA agent?

3) Consider calling the health department and reporting your landlady's refusal to take mold-prevention action.

4) Speak with an attorney; options available to you may include (depending on your state's laws) placing your rent payments in escrow to force your landlady to clean the place up and file a claim; you may also be able to get out of your lease, since this is probably a breach of contract on her part.

You haven't mentioned whether or not you purchased Renter's Insurance; this might (depending upon the terms of the policy) cover some of the damage to your belongings.

I hope this helps.

Answer 2

We had better find out first whether they have spent their money on luxuries, or whether insurance itself was something their budget could not stretch to. Some of them might not have had much choice of home; council housing policy and the price of private housing might have dictated the issue for a lot of them. If you move your precious belongings into the only home you can get and then are flooded out, it's understandable if you feel a bit peeved. Next question: is it the government's responsibility to oversee flood defences? And to sort things out when these fail? Those who blamed Bush & the US government for the problems in New Orleans will have no doubt. If Bush's government is liable for the cost. so is Brown's. Another question: regardless of the blame to be allocated, where are the homeless now going to live? And for how long? Is there a public health problem here? This might affect a lot of us. If a man is drowning in a river, you haul him out. You don't stop to ask, was he drunk when he fell in? Or do you? Pending a complete overhaul of our attitudes in the direction of less government and more personal responsibility - a shift I would support - in the meantime, we live in the world we live in. It is a world where the State taxes us more than half our GDP and claims to be the universal provider. Well then, for the moment, let it provide. In the long run, let's have a new government and a better attitude.

Answer 3

No, if you don't have flood insurance, the insurance company won't pay flood insurance.

However, there IS a coverage called "backup of sewers & drains" which sounds like it might apply here . . . but not everyone has it. Heck, she might not have any insurance at all!!

Best thing to do is contact your health department, and see what you can do with respects to making your landlord fix what she's supposed to fix - ie, dry the place out, and replace the furnace. The only other thing you can do is move!

Answer 4

You file the claim against her insurance carrier for your property loss. Do you have renter's insurance? If yes, make a claim.

Have you asked for city, county, or state officials to look at the flooding to determine if it is rain related or backed up sewer? If the sewer backed up it is not flood damage.

Answer 5

Most insurance companies do not cover flooding,unless you have a" rider"that will cover the damage.Even if you "have" flood insurance,it will usually NOT cover a sewer backing up(because that is NOT an act of God,)and they figure it's a city problem,or county problem,so this could explain your landlords failure to do anything about it.(Do you carry "rental insurance?"),if not...you could be left holding the bag,unless you try to sue your landlord for damages

Answer 6

In this case I think that they can. It depends on what ins company you have. My dad works for Allstate and I think his company will cover floods if it comes from a pipe or a sewer like you said. I think because it's been declared a state of emergency that will also help you with ins.

Answer 7

if you don't have insurance for something, then the INSURANCE can't pay for it. You're not responsible for your landlord's issues, I'd contact the couinty housing board if I were you.

Answer 8

Contact your renters insurance company and ask them to help.

Answer 9

NO and NO