It has damaged the ceiling and the ceiling electrics she said her insurance company has said its my problem as it was a accident,she witnessed it at full impact can this be correct?
2007-08-13 06:42:37 · 16 answers · asked by RAINBOW 6 in Business & Finance ➔ Insurance
I own the apartment,and she owns hers
2007-08-13 07:25:13 · update #1
If you have your insurance, save yourself the aggravation and claim it under your policy. Let your insurer worry about recouping the loss.
If you do not have your own insurance (I think this would be a great learning experience about why you should have it) then I would recommend filing a suit in court. It doesn't matter that it was an accident that caused the dishwasher to break down. The fact is it was her dishwasher that was operated by her that set off the chain of events. You can't throw your hands in the air and blame it on the machine. If you could then everyone who causes an auto accident can just blame the car. As the owner of the machine she is liable for the damages that machine causes, regardless of whether the machine malfunctions or whether it operates in a manner that is not expected by the owner/operator. The only way she might be able to avoid liability is if someone broke into her home and operates the dishwasher in a way that causes it to break.
BTW ignore what her insurer said. They're full of crap.
2007-08-13 10:35:10 · answer #1 · answered by Gambit 7 · 0⤊ 0⤋
Hi Rainbow.
Mant moons ago as a student I accidentaly flooded the downstairs flat by putting the output of the washing machine into the sink, which overflowed when I was out.
I found the correct thing to do was apologise profusely, and had the landlord dry the situation up, whilst being a power engineer, I took a hairdryer to her ceiling lighting and bunged it all back together. All was well in a neighbourly fashion..
No nonesense with insurance companies.
I would not have an "up&downer" with your neighbour, whose fault it seems to be. He/She is best off just putting it right, either through out of pocket or insurance against accidental damage.
All this malarky, should there be a disagreement, say through the small claims court, is a very long-winded affair.
Best, in my book is to get a quote for repairing the damage, and knock on the door with a copy.
Speak politely, and it should result in the bill being addressed to the culprit.
I would happily pay up in the interests of peace & harmony.
All the best with it.
My ptoblem is water coming upwards from the river into the engine compartement, but I cannot blame BW / IWA or my God for supplying the stuff.
It is a Hey Ho & do the best with the situation on our parts.
Bob, from the boat engine department.
2007-08-13 07:18:25 · answer #2 · answered by Bob the Boat 6 · 1⤊ 1⤋
All insurance companies handle damage to other differently, but chances are this is a covered peril by their insurance.
My advice is to get her insurance information and contact the company or agent directly. Document everything said and or done for preparation for court. Depending on the amount of damage done will determine if this is a small claims court issue or not. A larger claim will probably require the assistance of an attorney.
Assuming that the company continues to deny the claim, then the threat of lawsuit will probably spur them into action. At this point, the liability portion of the other parties policy will come into play.
You can also try contacting your own agent to see if they can help with the claim.
2007-08-13 07:14:25 · answer #3 · answered by thx1138too 2 · 1⤊ 0⤋
Pass it on to your insurance company. Send a registered letter to your neighbour that you hold them fully liable for any and all damages that have occurred due to their "escape of water" Do not believe the statement that their insurance company has said it is your responsibility. IT IS NOT. They probably have no insurance so suing will be necessary but let your insurance company deal with it. That is what you pay them for.
2007-08-13 06:53:53 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Not sure where you live but a co-worker of mine had a similar problem except it was the carpet damaged due to something breaking at her neighbors place. The neighbors insurance paid for it eventually but I think they had to go through their insurance company first and their insurance company filed a claim with the neighbors insurance company.
Good luck and I agree, take pictures.
2007-08-13 06:50:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
File the claim on your insurance policy. Your insurance company will do an investigation. If they think that it is your neighbors fault then they will subrogate your neighbor or her insurance company.
Subrogation is the process by which an insurance company pursues an at fault individual or carrier for re-payment.
Whether or not your insurance company would pursue subrogation would depend on why the neighbors dish washer leaked.
2007-08-13 12:20:16 · answer #6 · answered by Boots 7 · 0⤊ 0⤋
It is her responsibility. Her insurance will not cover any damage in your home, and they probably told her that she was responsible for the damage. I would contact your insurance company and make a claim, explain the situation to them. They will go after her as well. Then you can explain to her that you will be suing her for your deductible and your insurance company will be suing her for the rest. My guess is that she will cave and pay for the repairs.
2007-08-13 11:40:06 · answer #7 · answered by Katie S 2 · 0⤊ 0⤋
This is not your problem , her insurance is wrong even thought it was an accident her insurance should still cover ( does she have the right insurance out on her apartment) , rings your up and see what thay say . would it still be a accident if she hit you yor car with hers , its still classes as the same thing .
2007-08-13 22:11:18 · answer #8 · answered by fafandloo 5 · 0⤊ 0⤋
I am afraid that your neighbour is correct - for it to be her fault to pay - you have to prove that she was negligent. That is she knew that the dishwasher water leaked and did nothing about it for a number of times. As it only happened once she has take action to solve the problem therefore she can not be negligent to be so she have to knowingly have carried out an action.
2007-08-13 07:19:51 · answer #9 · answered by Anonymous · 1⤊ 0⤋
I am sorry to inform you that she is correct in the technical sense but not the "moral" sense. You must turn the damage in to your insurance company and they will subrogate against her for the money. You could pay for the damage and take her to small claims court to recoup your costs. It is the same principle your insurance company does.
2007-08-13 09:00:06 · answer #10 · answered by Country Girl 2 · 0⤊ 1⤋