I left a tap on in my kitchen and the water seeped down into the flat below. Although it was my fault, my insurance company says that he has to claim on his insurance. This seems most unfair since it was my fault. What happens if he does not have insurance?
2006-09-28 11:52:54 · 18 answers · asked by ANN G 1 in Business & Finance ➔ Insurance
My neighbor just had the same problem and she had to go through her insurance and the neighbors claimed that they would pay for her deductible but then backed out. Legally they can come after you for the amount of the deductible and whatever their insurance does not cover. So please make sure you take notes in regards to everything that happened and make sure you get a copy of any paperwork involved as well as pictures just in case they decide to come after you for anything that may have been damaged that is not covered by their insurance. Also ignore the jerk that said let their premiums go up, because if the shoe was on the other foot how would you feel. Obviously they must not have anything of value. Being honest will go along way with your neighbors. You never know when you might need them for something. A person's value is judged on their actions not what he owns.
2006-09-28 12:04:39 · answer #1 · answered by Slippery When Wet 1 · 1⤊ 0⤋
In the world of insurance, negligence must be proven. No witness, not even the claimant? How does the insurance company know what happened when even the claimant can't say that he saw it. Your insurance company will not automatically accept liablity just because someone says they "think" this is what happened. If there was a witness or if it comes down to your word against his, it's going to depend on who has the most reliable story and proof of it. If he saw it happen, the damage matches what a bottle of like kind and color would have caused, and it came from your residence, you are absolutely, 100% responsible. Period. Of course, he can bypass the insurance claim and go directly to small claims court. Then it's up to the judge.
2016-03-26 21:54:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It would be unfortunate if he did not have insurance as he would then not be covered for any damage. When taking out insurance he would need to claim as it is his property. It's a bit like a car, if someone crashes into your car, you would still need to contact your insurance company and claim. What would happen next is their insurance company would contact your insurance company and they would then claim their losses from yours.
2006-10-01 22:43:14 · answer #3 · answered by sassielassie 2 · 0⤊ 0⤋
You can only claim on your own insurance policy for damages caused to your own property.
If your neighbour needs to make a claim then he needs to either speak to his own insurer who will arrange for any damage to be repaired ASAP and then claim the money back from your insurance company. This will not have any effect on his own policy as he was not at fault.
Alternatively, he can speak to your insurer which would involve obtaining quotes etc for the work required, submit them to your insurer for them to sign off and then wait on the cheque arriving before commencing work. This can be a long drawn out process.
He may decide that the damage is minimal and not worth the hassle and therefore fix themselves.
2006-09-29 00:37:27 · answer #4 · answered by Insurance_Expert 2 · 0⤊ 0⤋
This is the way insurance works. His insurance company has insured his property, and your insurance company has insured yours. Any damages done to his property must be paid for by his insurance company.
That being said, all insurance companies have the right of subrogation, i.e. the right to go after the person who caused the damages. So they'll pay for the damages to your friend's house, but they'll then go after you to pay for it. Your homeowner's policy includes a general liability endorsement for this kind of thing.
If he doesn't have insurance, there are two options. You can either pay for the damages you caused out of pocket, or your friend can file legal action against you. The only way your insurance company will be willing to pay is if there is a successful legal action against you, and when you signed your policy you agreed to cooperate in any defense your company chooses to mount. This is because your insurance company has no interest in his property, and won't pay for any damages you cause unless they are legally required to do so.
If you really don't want your friend to have to pay for the damages, the easiest way is to simply pay them yourself. If you want to bring your insurance company into things, prepare to become involved in litigation.
2006-09-28 13:22:03 · answer #5 · answered by Ryan D 4 · 1⤊ 0⤋
Insurance is for recovering the damages. If you don't have any damage on your property, then you are not going to call your insurance co for noting. But the neighbor will call your insurance co for their property damage. Of course, your insurance company has to cover your liability if you have a liability coverage on your house or renter property if you are liable to third party.
Your neighbor will be called claimant and you will be insured. Your Insurance co has to respond any claim reports from the claimant(who is reporting the claim) to cover the liability for their insured. If insurance company ignore your neighbor's request, your neighbor will sue you for his/her property damage. Then your insurance company will take any action for you.
So, it does not matter your neighbor has an insurance or not he/she can report the claim to your insurance co if you are kind enough to give your insurance information to your neighbor.
2006-09-30 18:11:05 · answer #6 · answered by John 2 · 0⤊ 0⤋
Supposedly, when you buy insurance, it is to protect yourself. There is another type of insurance you can buy to protect yourself from yourself (accident). But there is no insurance you can buy to protect other people from your mistakes.The only way that you can pay for the damage done is if you just do so.
If he does not have insurance, then he can sue you himself, and then if you have the insurance to cover lawsuits, they should pay.
It will be silly, and cost everyone more money, but I am afraid that is the case.
2006-09-28 12:01:54 · answer #7 · answered by Delora Gloria 4 · 0⤊ 0⤋
He has to sue you in order to collect from you. He can't collect from your insurance company unless you have liability coverage, and you were negligent (which you were). Your insurance company has a duty to act in good faith with settling claims WITH YOU, not with a third party.
So even if you have liability coverage, they may not volunteer to pay out until he brings you to court.
If he has no insurance, he'll probably have to bring you to court - in which case your insurance company will defend you, and pony up.
2006-09-28 14:12:38 · answer #8 · answered by Anonymous 7 · 0⤊ 0⤋
He is the one with the claim and the damage, not you. If he does not have insurance, you can pay him off the record out of your pocket.
2006-09-28 13:25:33 · answer #9 · answered by The Advocate 4 · 0⤊ 0⤋
he claims on his insurance then his insurance comes after you and your insurance company for reimbursement
same solution just long way to do it
2006-09-28 19:07:01 · answer #10 · answered by Anonymous · 0⤊ 0⤋