My neighbor let her sink overflow(again also append last year). She doesn't want to claim with her insurance(or doesn;t have insurance?). I gave her 2 quotes, she rejected them. I let her get a quote. She demands because she is paying to fix it, she can choose who fixes my place. Her estimate is to sand and paint over the water marks. I have two quotes saying I need 2 panels replaced.
Should I just claim thru my insurance and let them go after her? She is being an itch with a b infront of it and small claims court sounds like such a hassle!!
What are my rights?
2007-10-10 08:58:32 · 7 answers · asked by moe f 2 in Politics & Government ➔ Law & Ethics
If you own the apartment (condo?), put in a claim with your insurance company and let them sort it out. They have lawyers that know the game.
If the apartment is rented, contact the landlord and have them fix the problems. Leave your insurance company out of it and tell the landlord what you believe caused the damage. They will deal with her.
2007-10-10 09:05:38 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
Call your insurance company up and have them send an adjuster.... you are not making a claim yet as you don't want your rates to rise if you make a claim. Or if they don't when you do make a claim later more for something major they most certainly will. Many people find that after they sell with one or more previous claims insurance on the new place is huge. That is why people choose to either fix something themselves or go after the neighbor. So the adjuster is just looking and giving an estimate.
You can't mess around with this. You have been told you need two panels. So you cover the watermarks..... they will come back. The panels are damaged and will warp. What damage is behind the walls? Maybe it has overflowed many times and it has only reached you twice? What if it turns out later there is major structural damage as only little water can do this.
If you have a condo you insurance is for your walls in. The HOA has insurance for between the walls and when you deal w. them at a later point they could deny the claim.
If this happens again (maybe worse) and you have to go after this person again since you did not attack this the first time your case will be weakened.
Yes it is a major hassle. You need a THIRD estimate. But in order to protect yourself you simply must deal with it even if it requires small claims.
2007-10-11 12:32:52 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
You pay for your insurance, why should you claim it on your own when it's so clearly her fault? Take her to small claims. It's all about the principle. If you let this pass now, it'll happen again and cost you more in rising insurance. Squash it now.
2007-10-10 16:06:15 · answer #3 · answered by Lex 7 · 0⤊ 0⤋
She does NOT get to choose the contractor, but has the right to take the lower of YOUR estimates.
I would either claim through my own insurance or haul her into small claims court.
2007-10-10 16:07:06 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋
You are entitled to whatever estimate it is to restore your property back to pre-damaged conditions. Small claims court maybe a hassle, but if she is not willing to pay then that might be your only option. In the meantime, you should take the money she wants to pay, get the job done the way you want it done to get it back to pre-damaged status, and then sue her for the difference.
2007-10-10 16:04:44 · answer #5 · answered by civil_av8r 7 · 0⤊ 0⤋
Your rights are that she fix the damage completely. You can either go thru your insurance company and risk that they will raise your rates, or bring her to civil court.
2007-10-10 16:03:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, use your own insurance. Let the insurance company chase after her.
2007-10-10 16:07:50 · answer #7 · answered by regerugged 7 · 0⤊ 0⤋