Who is liable for property damage?

[skimdt]

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

some background information:
I live in a condo.
I don't have insurance inside my condo.
My HOA has a master insurance.

Last Saturday my upstairs neighbors water filter broke, causing a flood in his kitchen. The water dripped down into my condo causing damage to my walls and to my laminate floors.

It is currently under investigation. My neighbors insurance company is claiming that if the water filter is defective, than my neighbor is not liable for my damages and the insurance company will not pay for my damages.

Isn't my neighbor still liable since the water came from his unit?
Who is liable?

 

[LdiJ]

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

some background information:
I live in a condo.
I don't have insurance inside my condo.
My HOA has a master insurance.

Last Saturday my upstairs neighbors water filter broke, causing a flood in his kitchen. The water dripped down into my condo causing damage to my walls and to my laminate floors.

It is currently under investigation. My neighbors insurance company is claiming that if the water filter is defective, than my neighbor is not liable for my damages and the insurance company will not pay for my damages.

Isn't my neighbor still liable since the water came from his unit?
Who is liable?

Make a claim with your own insurance company and let them battle it out with the other insurance company. That is why you have insurance.

 

[skimdt]

Make a claim with your own insurance company and let them battle it out with the other insurance company. That is why you have insurance.

I don't have insurance that will cover this.

 

[Ohiogal]

I don't have insurance that will cover this.

You may just be learning an expensive lesson then. You should have insurance.

 

[skimdt]

You may just be learning an expensive lesson then. You should have insurance.

I was afraid of that. Is there anything I can do?

 

[tranquility]

If someone did something wrong that harmed you, sue them.

 

[ecmst12]

You could attempt to go after the manufacturer of the defective water filter.