Who is responsible for filing liability claim under renter's insurance?

Question

The washing machine I own malfunctioned and flooded part of the apartment I rent. The landlord is billing me for charges incurred for replacing the carpet padding and providing blowers to dry the carpet.

I have renter's insurance and have been told that the damages should be covered by the liability portion of it.

I asked the rental office's manager to file a liability claim with my insurance company, but she refuses to do so and wants me to pay the bill right away.

I have also been told that I can not file this claim against myself. Is this information correct? If so, what should I do?

Thanks to everyone. I am clueless in these matters.

I have already reported the incident and an adjuster came over. She denied a claim because none of my belongins were damaged. But I have been told by someone to tell my landlord to file a liability claim against my policy.

Under "Liability Coverages" my policy indicates that "if a claim is made or a suit is brought against any insured because of bodily injury or property damage caused by an occurrence to which this coverage applies, even if the claim is false, we will:
a. pay up to our limit of liability for the damages ..."

And under "Peril Insured Agains" it also indicates:
"Accidental discharge or overflow of water ... from within a household appliance."

Is there a way they can deny the claim ?

Answer 1

Since the renters insurance policy is in your name, you would file the claim yourself. If you call your insurance company someone should be able to help you with this. Then, some companies will pay your landlord directly. With others, you would pay your landlord & the insurance company will reimburse you.

Answer 2

You need to file the report with the insurance company. You will need to provide the date, time, contact information on your landlord, probably the make, model, age and repair history of the washer, etc. Your insurance company will then investigate the incident fully to determine if you are legally responsible which I seriously doubt you are from what you have described. In my opinion to be found legally liable, you would have had to have known that the washer was malfunctioning and further to have chosen to continue using it without the appropriate repair.

My sister had a similar incident with a new name brand washer--the water shut off switch was defective and caused major damage to her house. Long story short the manufacturer of the washing machine admitted liability and paid for all of the damages.

Also as another poster stated, do not under any circumstances pay the landlord. Your insurance policy requires that you report this and further requires that you do not admit liability. If you make payment not only will you probably not be reimbursed but you will also probably jeopardize your insurance coverage. Let the claims professionals investigate and handle this claim that is what you pay insurance for.

****Call the adjustor again and explain that your landlord is making a claim for the property damage. The insurance company should investigate & if they determine you are not liable for the damages they will send your landlord a letter denying the claim and send you a copy.*****

Also congratulations on having renters insurance. Probably 95% of the renting public fails to purchase this valuable coverage.

Good Luck

Answer 3

You cannot SUE yourself, but YOU are the only person who can file a claim. You won't get paid.

You need to file the claim - notify the agent, he'll do it for you. You forward the bill for the damage charges. You'll ALSO need to forward the lease.

LIKELY, you are NOT liable for this - in other words, you were not negligent - it's an ACCIDENT. So LIABILITY isn't going to apply. That doesn't mean you don't owe the money, depending on what the lease says. Usually, tenants ARE responsible for damages they cause to the units they rent - regardless of if it was accidental or not.

LIkely, it's going to come out of a damage security deposit when you leave.

Whoever told you that the damages should be covered, well, I hope they're your agent, because *I* think they won't be. There's an exclusion in the standard renters policy for damages to a premises you rent.

Answer 4

You absolutely can file the claim yourself.

Remember, DO NOT PAY the landlord before you call your insurance carrier. Your insurance carrier will/should investigate the claim and determine fault. (Defective Washing Machine/Pipes/Install/etc) You may find out it wasnt your fault at all.

Your insurance carrier can also assist in understanding basic tenant law and what you are responsible for. (This depends if you go through a broker or direct)

Answer 5

It is your policy - you are the insured - you have to cooperate with your insurance company in the investigation of the claim - you call your agent and file it.

You are not "filing a claim against yourself" - you are calling your company and reporting a loss - your policy has language in it that says you will report claims in a timely manner.

Answer 6

No, you need to file the claim. It is your responsibility as it is your insurance.