Can neighbors homeowner insurance seek subrogation?

[bulewold]

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

About two years ago, there has been a leak in the bathroom in my unit where my tenant lived. Water leaked to downstairs neighbor who lived below us in a stacked attached home.

Her insurance paid $4,000 just in drying the carpet and etc... (which I think is crazy cost to begin with for couple dehumidifiers) but now they sent a letter from their lawyer to recover that money.

Due to personal circumstance I did NOT have homeowners insurance myself. (and please don't make this about how I'm stupid for not having one because I had a good reason for it)

Anyways, given the situation that leak of accident, not a negligence, can they still come after me and sue me?
And how does negligence play in this scenario?

Is it negligence to have water heater leak all sudden? That's an accident, not negligence, right? (while leaving water running in bath tub obviously is negligence, I don't think having water leak from water heater or pipe is...

And if it's not negligence, I can dismiss the case, right?

Any helps would be appreciated.

Thank you.

 

[ecmst12]

If you are sued, you will need a lawyer to defend you. That will not be cheap.

 

[tranquility]

Yes, they can seek to be repaid through subrogation. They would need to prove you did something negligent in some way to get compensation in these facts. Such a determination of negligence is what trials are all about and you have a problem in that you will not have an attorney being paid for you from your insurance. They may push things just knowing this fact.

 

[bulewold]

I understand. Do you have any suggestion as how I should find help to defend this case?

I called one of free legal help group in my area and I don't qualify lol.