Homeowners might not cover damage.

[mike814]

I live in central pa(altoona to be specific)

Last night we had some heavy storms which pushed water into our basement. Our state farm agent said we might be sol if we didnt have flood insurance. We dont live in a flood zone or near one. He had an appointment this am then was gonna come out to look at the damage. Now what led the water into our house is because of our local water companys land that is on the hill behind us. They have a long gravel road that goes up hill about 200 yards or so. Now about 8 years ago they had problems where gravel would wash out onto the road. They added a few drains on their road and that stopped the problem. I want to know if my homeowners doesnt cover it can I go after the water company for damages? The city cleaned out all of the road drains about a month or so ago. Im sure they didnt do the ones on the water companys land as it isnt on public road. What happened was their gravel washed out onto the road which proceeded to clog the road drains(4 different ones around us) When I say debris ran down the road im talking about 6+ inches of gravel and dirt on the road. They had to use a truck with a plow on it this am just to clear it off the road. The drain right by my driveway is clogged solid which let water run down my driveway and right into my garage which then preceded into our finished basement. About 1in total of water was in my basement. My next door neighbor was also effected at 5am this morning. His yard has much more debis than mine. It was so much water it pushed around to his back yard and put mud and debris into his pool.

I do have pics and vid but this site doesnt want to cooperate currently

 

[Ohiogal]

I live in central pa(altoona to be specific)

Last night we had some heavy storms which pushed water into our basement. Our state farm agent said we might be sol if we didnt have flood insurance. We dont live in a flood zone or near one. He had an appointment this am then was gonna come out to look at the damage. Now what led the water into our house is because of our local water companys land that is on the hill behind us. They have a long gravel road that goes up hill about 200 yards or so. Now about 8 years ago they had problems where gravel would wash out onto the road. They added a few drains on their road and that stopped the problem. I want to know if my homeowners doesnt cover it can I go after the water company for damages? The city cleaned out all of the road drains about a month or so ago. Im sure they didnt do the ones on the water companys land as it isnt on public road. What happened was their gravel washed out onto the road which proceeded to clog the road drains(4 different ones around us) When I say debris ran down the road im talking about 6+ inches of gravel and dirt on the road. They had to use a truck with a plow on it this am just to clear it off the road. The drain right by my driveway is clogged solid which let water run down my driveway and right into my garage which then preceded into our finished basement. About 1in total of water was in my basement. My next door neighbor was also effected at 5am this morning. His yard has much more debis than mine. It was so much water it pushed around to his back yard and put mud and debris into his pool.

I do have pics and vid but this site doesnt want to cooperate currently

Do you have an expert who can testify it is the city's fault and but for the city doing this 8 YEARS AGO, this wouldn't have happened? See the issue is this was done 8 years ago and yet this is apparently the first time you have had water in your basement. I don't see the cause and effect. Flood insurance would have helped.

 

[RRevak]

Do you have an expert who can testify it is the city's fault and but for the city doing this 8 YEARS AGO, this wouldn't have happened? See the issue is this was done 8 years ago and yet this is apparently the first time you have had water in your basement. I don't see the cause and effect. Flood insurance would have helped.

We dont live in a flood zone or near one.

OG why would they have flood insurance if they didn't live in or near a flood zone? That would be like purchasing volcano insurance because we live in the same country as Yellowstone.

 

[Zigner]

OG why would they have flood insurance if they didn't live in or near a flood zone? That would be like purchasing volcano insurance because we live in the same country as Yellowstone.

One doesn't have to live in or near a flood zone in order for it to flood (as evidenced by the existence of this thread.)

https://www.floodsmart.gov/floodsmart/pages/flooding_flood_risks/ffr_overview.jsp

 

[mike814]

Well its pretty simple to see if they had a better drain system and ways to prevent the road from washing out a lot of this could of been prevented. Before 8 years ago which was before they installed the drains the road would always wash out and push the gravel onto the main road. Thats why we had a drain by our driveway to catch any water that came off the hill. Now when they put their drains in on their road it would catch the water and keep the road from washing out. Since the drains are plugged it couldnt handle any drainage which led to it running straight down the hill and over to our property. They are currently outside cleaning up our yard and said they would even replant new grass because they will prob tear it up. Now I would think if they are gonna claim force of nature then why would they be more than willing to clean up the mess on my property? Its hard to explain without physically seeing it. Also why should we have to pay 3,000 extra a year for flood insurance if we dont live in the danger zone of flooding? In 25 years of owning a home never filed a homeowners claim.

 

[OHRoadwarrior]

It sounds like a failure on your part to maintain the drive drain.

 

[mike814]

It sounds like a failure on your part to maintain the drive drain.

Its the citys drain BY my driveway. I didnt pay to have it installed that was put in when the road was paved some 30 years ago. Its connected to the drains up and down the road.

 

[Zigner]

Also why should we have to pay 3,000 extra a year for flood insurance if we dont live in the danger zone of flooding?

I have to question that too. What makes you think it's $3,000 per year?

https://www.floodsmart.gov/floodsmart/ - that site claims that folks in low risk areas can get policies for as little as $129 per year.

 

[mike814]

I have to question that too. What makes you think it's $3,000 per year?

https://www.floodsmart.gov/floodsmart/ - that site claims that folks in low risk areas can get policies for as little as $129 per year.

Thats what we were quoted through state farm it was an extra 150 or 200.00 a month on top of our reg insurance

 

[Zigner]

Thats what we were quoted through state farm it was an extra 150 or 200.00 a month on top of our reg insurance

You may want to shop around.

 

[tranquility]

Wastewater at common law in PA is a common enemy problem where as long as the course or force is not changed, each owner must protect his own property. This is changed a bit by the Storm Water Management Act at:
http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-87074/3930-BK-DEP0121.pdf

Look to Section 13 for a landowner's or person's responsibility.

One problem (other than the governmental immunity problem) I see is the government, by adding the drains, probably did that to comply with an "applicable watershed storm water plan". Also, the argument would have to be the drains' clearance was not reasonably checked. The OP would need an expert or few to prove what is a reasonable inspection schedule for storm drains. A landowner who changes water course is not a guarantor or insurer of lower landowners, he just has to act reasonably to mitigate the issues. There are many steps before the OP could claim the government acted unreasonably.

How much is the damage?

 

[limpyL]

I don't know if this would help but from my understanding (I have filed 3 flood claims) that if the water touched the outside ground and than came in it is a "flood" claim. If the water came from inside the house than it is a home owner claim. I am no expert but all 3 times i was told the same thing.

I would say see if you can't get the water company to admit guilt and help you make the proper repairs. if you have pics and go in with the other homes that were affected and that may strengthen your case.

If not make the repairs yourself and get flood insurance. It sucks but that is the world we live in. Its not who is right or wrong it is about money bottom line.

Best of luck
A home owner that feels your pain!