Suing an insurance company...

[kcleveland]

I live in WA State and own a condo. On May 3rd, my neighbors upstairs were having a washing machine delivered to them from a company subcontracted out from Sears. While hooking it up the workers busted the cold water valve and water started gushing out down into my condo. Nobody knew where the main water shut-off was and water continued to flow down into my condo for at least 45 minutes before the fire department showed up to shut if off. Well....naturally, my condo is now unlivable. It has sheet rock and insulation damage. The carpet, tile and lenolium was removed and all of the appliances are now sitting in my living room. I have been staying in a hotel for two weeks and the insurance company representing the delivery company is refusing to take responsibility for this claim. I am the innocent bystander who has been forced out of my home due to no fault of my own. I unfortunately don't have a very good homeowners policy and don't have enough to cover all the damages. I either have to sue the owner of the condo above me, which is stuck in the same situation as I am (not enough coverage on their policy) or I sue the insurance company that is 100% responsbile. The delivery guys stated in front of at least 4 people that it was their fault that this happened. What do I do?? i could really use some good advice or a good attorney that would take my case on contingency. Any ideas?? I'm very frustrated and am getting angrier by the day

 

[justalayman]

very doubtful any attorney would take this on contingency; not enough money involved.

as to sueing the insurance company; what did they do to you?

You sue the at fault party which would be the delivery company and the specific people that delivered it. I would toss in Sears and the upstairs neighbor just to be sure you get the liable party.

( I know, you don;t want to sue the upstairs neighbor but chances are they have no liability but...

 

[Ozark_Sophist]

Neighbor
Delivery company
Sears

Name all of the above.

BTW, it is helpful to know where to shut things off if you own or rent a place. If you don't know, find out.

 

[kcleveland]

The insurance company that I mentioned, represents the delivery company. They are the ones that are at fault, but you may be right....I will probably have to go after all of the above. Thanks for the advice.

 

[justalayman]

you do not sue the insurance company. They have no fault in any of this. They merely pay when their client is liable. You sue their client.

 

[moburkes]

The only insurance company that you can sue is your own. they don't represent you, so they don't owe you anything. You sue the people who caused the problem.

 

[searcher]

Neighbor
Delivery company
Sears

Name all of the above.

BTW, it is helpful to know where to shut things off if you own or rent a place. If you don't know, find out.

Was the HOA remiss in not informing folks where the shutoff valve is?