Caused damage, have no insurance

[nannyk]

What is the name of your state? What is the name of your state? NEW YORK

My negligance with my kitchen faucet resulted in water damage to the tenant below me and now the tenant's insurance company is seeking recompense for the tenant's claim.

Under NYS or NYC law, what are my rights? What am I financially liable for? I have no insurance of my own.

 

[HomeGuru]

What is the name of your state? What is the name of your state? NEW YORK

My negligance with my kitchen faucet resulted in water damage to the tenant below me and now the tenant's insurance company is seeking recompense for the tenant's claim.

Under NYS or NYC law, what are my rights? What am I financially liable for? I have no insurance of my own.

**A: you are liable for the claim as requested by the insurance company.

 

[ALawyer]

I'd put it a bit differently -- you are liable for the actual damages your negligence caused, no more. Calculating those damages can be a matter of dispute. Whlie you are liable to the tenant (and perhaps the landlord), if the tenant has been reimbursed by his or her insurance company, the insurance company has "subrogation rightsas insurance companies usually don't overpay on claims (especially as they never know if they will get the money back from the person at fault) usually the amount they pay -- plus any deductible the tenant had to bear -- is a fair estimate of the actual damages.

 

[HomeGuru]

i agree with ALawyer.

 

[HomeGuru]

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