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Burst pipe

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Dave

Junior Member
What is the name of your state?What is the name of your state? South Carolina

I own a condo in an upscale Myrtle Beach community and rent it weekly as do most other owners in my community. I live in New York and the owner upstairs lives in Indiana. A pipe on the upstairs water heater burst and caused over $4,000 damage to my ceilings and carpeting. I have no additional insurance other than the insurance through the condo association and there is a $5,000 deductible on that policy. The insurance company for the people upstairs says there was no neglect, therefore no liability and will not pay for my damage. Do I just throw in the towel and write off the $4,000 I had to pay out of my own pocket on my income taxes or can I sue the owner upstairs? If I sue, I am assuming it would be in small claims court. Do I file the suit in South Carolina?
As a follow up question: What happens if mold starts to bleed through the sheet rock a year from now? Three years from now? What if all the sheetrock in the entire unit has to be replaced? The resulting repairs would definately exceed $5000 but would the first $5000 by my responsibility? Whom do I sue then if the owner upstairs has already sold their unit?
 


HomeGuru

Senior Member
Dave said:
What is the name of your state?What is the name of your state? South Carolina

I own a condo in an upscale Myrtle Beach community and rent it weekly as do most other owners in my community. I live in New York and the owner upstairs lives in Indiana. A pipe on the upstairs water heater burst and caused over $4,000 damage to my ceilings and carpeting. I have no additional insurance other than the insurance through the condo association and there is a $5,000 deductible on that policy. The insurance company for the people upstairs says there was no neglect, therefore no liability and will not pay for my damage. Do I just throw in the towel and write off the $4,000 I had to pay out of my own pocket on my income taxes or can I sue the owner upstairs? If I sue, I am assuming it would be in small claims court. Do I file the suit in South Carolina?
As a follow up question: What happens if mold starts to bleed through the sheet rock a year from now? Three years from now? What if all the sheetrock in the entire unit has to be replaced? The resulting repairs would definately exceed $5000 but would the first $5000 by my responsibility? Whom do I sue then if the owner upstairs has already sold their unit?

**A: and what did YOUR insurance company tell you when you filed the claim? You sue the owner in SC.
 

Dave

Junior Member
<<I have no additional insurance other than the insurance through the condo association and there is a $5,000 deductible on that policy.>>
If you had read the 4th sentence in my original post you would know that I do not have extended coverage.
 

HomeGuru

Senior Member
Dave said:
<<I have no additional insurance other than the insurance through the condo association and there is a $5,000 deductible on that policy.>>
If you had read the 4th sentence in my original post you would know that I do not have extended coverage.

**A: stop playing with words. The point is, you DO NOt have any insurance coverage. The insurance in place is the HOA insurance.
 

Dave

Junior Member
Actually, I didn't post my question so someone with 61,766 posts could tell me I don't have insurance. Yes, you are correct, I do not have insurance. There - I said it! The people upstairs do have insurance though and the pipe from THEIR water heater is what caused the damage. If their insurance company decides not to pay for my damages, do I go after them personally in small claims court?
 

HomeGuru

Senior Member
Dave said:
Actually, I didn't post my question so someone with 61,766 posts could tell me I don't have insurance. Yes, you are correct, I do not have insurance. There - I said it! The people upstairs do have insurance though and the pipe from THEIR water heater is what caused the damage. If their insurance company decides not to pay for my damages, do I go after them personally in small claims court?

**A: yes, that is one option.
 

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