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Homeowners Claim

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bax3

Junior Member
What is the name of your state? California

I have had a nightmare situation that I am finally getting resolved and I could use some advice. I reside in California. My neighbor,who lives upslope of me,brought in a large amount of fill dirt to level out his yard. When he did so he did not get a permit and he received a county health violation notice to put in proper drainage or his leach field would fail. Needless to say he did not put in the drainage and his leach fields failed and started flowing through my property. I contacted my neighbor and he denied being the cause of the problem. I contacted several plumbers who checked my system and said it was fine and it was being caused by the neighbor. I contacted the county health officials and it is at this time that I found out about his violation notice. The county health dept. refused to take any action. My neighbor has relatives who work for the county. Unfortunately I had to hire geologist,engineers to conduct testing to prove that it was my neighbors fault and I had to hire an attorney to get my neighbor and the county to finally address the issue and they are now finally fixing his property and putting in the proper drainage.

I stopped using my attorney after the county finally is forcing him to fix the problem. I would like to know what costs I can recover from my neighbors insurance. I have engineers,lawyers fees( to get him to comply), property damage (septic effluent killed some trees), my three young children were exposed to his septic effluent (before we knew it was septic) and I have not been able to use my backyard for approx 8 months because his septic effluent was continuously flowing through my property. I was also planning on selling my home when this problem surfaced but I have not been able to do so because of this situation.

I am not looking to get rich but I have about 10K in bills due to my neighbors negligence which I would like to recover. What can I do and what can I get compensated for to recover my 10K?

Thanks for any help.
 


seniorjudge

Senior Member
bax3 said:
What is the name of your state? California

I have had a nightmare situation that I am finally getting resolved and I could use some advice. I reside in California. My neighbor,who lives upslope of me,brought in a large amount of fill dirt to level out his yard. When he did so he did not get a permit and he received a county health violation notice to put in proper drainage or his leach field would fail. Needless to say he did not put in the drainage and his leach fields failed and started flowing through my property. I contacted my neighbor and he denied being the cause of the problem. I contacted several plumbers who checked my system and said it was fine and it was being caused by the neighbor. I contacted the county health officials and it is at this time that I found out about his violation notice. The county health dept. refused to take any action. My neighbor has relatives who work for the county. Unfortunately I had to hire geologist,engineers to conduct testing to prove that it was my neighbors fault and I had to hire an attorney to get my neighbor and the county to finally address the issue and they are now finally fixing his property and putting in the proper drainage.

I stopped using my attorney after the county finally is forcing him to fix the problem. I would like to know what costs I can recover from my neighbors insurance. I have engineers,lawyers fees( to get him to comply), property damage (septic effluent killed some trees), my three young children were exposed to his septic effluent (before we knew it was septic) and I have not been able to use my backyard for approx 8 months because his septic effluent was continuously flowing through my property. I was also planning on selling my home when this problem surfaced but I have not been able to do so because of this situation.

I am not looking to get rich but I have about 10K in bills due to my neighbors negligence which I would like to recover. What can I do and what can I get compensated for to recover my 10K?

Thanks for any help.

Q: I would like to know what costs I can recover from my neighbors insurance.

A: None; you have no contract with that insurance carrier.
 

bax3

Junior Member
Thank you for responding Seniorjudge.

I understand that I do not have a contract with his insurance company. My insurance company told me that they will not do anything for me because my neighbor caused the problem and to contact his insurance company to make a claim.

Is my only option to file suit against him to recover my costs or is there something else that I can do?

Thank you for your help.
 

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