My computer was destroyed by a leaking toilet two floors up!!!!

[help_dan_out]

What is the name of your state (only U.S. law)? Hawaii

Aloha folks!

Today I came home from a hard day of working.

My kitchen counter was a giant puddle with my Macbook Pro right in the middle. I also had a $500 laser measuring tool right next to it, that is also fried. Water was dripping through the light fixture. The toilet in an apartment two floors above me had a tube in it's tank pop off.

The person who lives there is an owner-occupant, and I rent. I don't have renters insurance. She has Allstate homeowners insurance. She called them and started a claim, and was given a claim number, which I called and verified.

She fully admitted it was her fault, and that she had recently changed the toilet floater, and obviously done it wrong.

When I called Allstate, I just got the overwhelming feeling from the representative I was going to get a bunch of run around and no money from them.

Do I have to wait for her insurance claim to be filed and all that other nonsense, or can I just start suing the owner directly tomorrow?

That computer was loaded with software and $2300 to begin with. I bet it's worth 5 grand all together. Not having it, and the measuring tool makes it impossible for me to do my job. I don't have time to deal with nonsense I know is going nowhere.

Can you fine folks please give a Hawaiian some advice?

Why do I have to mess with insurance companies at all, when I can just go after the owner???

ALOHA!!!

 

[NC Aggie]

I'm sorry but there's a good chance the insurance company may not pay this claim because most (if not all) homeowners insurance policies cover ONLY what's within the home and on the property. In the case of a condo, it would likely be limited to the condo the owner actually occupies.

As far as suing the owner directly, you have the option to file suit but that doesn't necessarily mean you'll win judgment. It would likely come down to whether the condo owner can be proven as negligent. Just because something is someone's fault doesn't necessarily mean they're negligent. I think this is a prime example of why you should ALWAYS have renter's insurance.

 

[lukeroberts]

Additionally you are not going to get paid for software. Just reload it on the new computer. Also, you will not get the price you paid for the computer, you will get (if you win) the price of a used identical computer. Same for the laser level. File in small claims court. I believe improperly installing a plumbing part, and not checking to see if it worked would be negligence.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Hawaii

Aloha folks!

Today I came home from a hard day of working.

My kitchen counter was a giant puddle with my Macbook Pro right in the middle. I also had a $500 laser measuring tool right next to it, that is also fried. Water was dripping through the light fixture. The toilet in an apartment two floors above me had a tube in it's tank pop off.

The person who lives there is an owner-occupant, and I rent. I don't have renters insurance. She has Allstate homeowners insurance. She called them and started a claim, and was given a claim number, which I called and verified.

She fully admitted it was her fault, and that she had recently changed the toilet floater, and obviously done it wrong.

When I called Allstate, I just got the overwhelming feeling from the representative I was going to get a bunch of run around and no money from them.

Do I have to wait for her insurance claim to be filed and all that other nonsense, or can I just start suing the owner directly tomorrow?

That computer was loaded with software and $2300 to begin with. I bet it's worth 5 grand all together. Not having it, and the measuring tool makes it impossible for me to do my job. I don't have time to deal with nonsense I know is going nowhere.

Can you fine folks please give a Hawaiian some advice?

Why do I have to mess with insurance companies at all, when I can just go after the owner???

ALOHA!!!

**A: I see a hard road ahead.

 

[festival]

Go get some insurance quotes, and while you are there ask the insurance agent for an opinion on your situation. Although insurance agents are not lawyers, they have likely been through similar legal situations in your state. The advice is free and you need insurance anyway.

If you sue, the insurance company will provide the owner with a lawyer to defend them. I would work with the owner and the insurance adjuster first. Insurance adjusters pay people all the time for this kind of stuff. They don't want to go to court. And of course the upstairs owners insurance policy will cover liability, not just within the condo (this is a condo?).

Also, talk to your landlord, since the ceiling may be damaged from the water. Get the landlord to talk to the upstairs owner. Also talk to the condo manager or condo board since the building will be damaged. All of these people need to go after the upstairs owner. I hope someone called a water remediation company to dry it out.