Hello,
My water heater blew and damaged the unit below me. The person refuses to go through her insurance. She has decided to sue me for $15000.00 (damages and legal fee). My insurance company denied her claim. The association only paid her 100.00. The policy had a huge deductable. Any advice? Should my insurance company provide me with a lawyer and pay? Should I get a lawyer?
Thanks!
Mike
2006-10-22 13:44:57 · 7 answers · asked by Michael K 2 in Politics & Government ➔ Law & Ethics
A similar incident happened to me with a problem with my neighbor and her car. my insurance refused to pay at first, and she did not go through her insurance, she fixed the problem herself, and jacked up the price, i might add. My homeowners HAD to provide me with an attorney, they represented me in court, i did not pay a penny and she lost and got nothing.
aside from that , i would assume that even if you lost you might only have to pay her deductible. this is what insurance is for both yours and hers. I know i rambled on but i would get an attorney with out a doubt, but you should be appointed one from your insurance comp...good luck
Also.. if she is claiming all this damage, the burden is on her to prove all the repairs were needed, i do nto know a waterheater that costs this amount, if she is claiming carpeting/ flooring walls etc., it is up to the other party to prove thay were all needed and they could not have been repaired
2006-10-22 13:59:23 · answer #1 · answered by sevenout7 4 · 0⤊ 0⤋
I would definitely at least consult with a lawyer. I think she will end up having to go through her insurance though. I wonder why she doesn't want to use her insurance. The only thing I can think of is that SHE has a high deductible. Getting a lawyer could possibly save you $15000. Have you considered asking her to go through her insurance and see what it will not cover and that you will pay the deductible and what it won't cover? That would be the fair and right thing to do and it definitely wouldn't cost as much as she is going to sue you for. This is something I would ask the lawyer while I was there. Good luck!!
2006-10-22 13:53:32 · answer #2 · answered by country girl 5 · 0⤊ 0⤋
If you are about to be sued, then you definitely should obtain legal counsel. If the plaintif, has insurance, then an attorney should be able to convince a judge that the insurance is the way to go. If there is no negligence on your part then your homeowners insurance should cover whatever the deductible is, that she must pay toward the repairs. If the amount of the deductible is small and you want to keep good relations with the neighbor, you might pay it yourself.
2006-10-22 13:52:13 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
Only if the pressure has somehow let air into the hot water tank. If the heating elements are turned on without water around them, they will burn out instantly. Otherwise, lower pressure shouldn't damage your hot water heater.
2016-05-21 23:37:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if youre insurence company doesnt(and they should) get your own. water heaters do not cost that much and i doubt it caused that much damaged. shes gonna need evidnece to prove all of this was damaged, and if she doesnt the judge will probably throw out the case(he might even dismiss it on the account that she is overpricing the damages). then if you win this, you can sue her *** for legal fees and and mental stress.
2006-10-22 13:57:24 · answer #5 · answered by Dark Angel 3 · 0⤊ 0⤋
there is no way she should have been able to get any money from you unless you did something to degrade the conditon of the water heater or got drunk and shot it ect... however, i know the legal system is fkd up pretty bad.
2006-10-22 14:11:25 · answer #6 · answered by rzx_crusader 2 · 0⤊ 0⤋
wow confusing i say you should try to get your insurance company to get you alwer if they dont you should!
2006-10-22 13:47:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋