Personal Liability, Homeowners (GEORGIA)

[nhuet]

What is the name of your state? GA
My condo was flooded from my neighbor's hot water heater bursting. They have 300K liability coverage, but their insurance is denying my claim b/c the cause was not "negligent" (i.e. they did not intentionally break their hot water heater.)

I want to pursue this further based on the following: the water heaters are on the 2nd floor and they did not have a pan or drain pipe. The water heater was over 20 years old and never inspected. The claims adjuster tells me to "prove it". I called the GA state insurance commisoner who agreed w/the insurance co. about no negligence in this case. I do not know what the policy actually states since my insurance policy is different. My condo insurance does not cover internal damage. Is there any legal action or anyway to recuperate the money from my neighbor's policy rather than filing against my own? I really want to be reimbursed for the cost of cleanup and water extraction plus damage to my floors.

Thanks!

 

[lwpat]

You have two options.

One , which is what I would do, is to file a claim with my insurance company and let them fight it out with the other party.

Two. You can file suit against them for your actual damages. Depending on the amount, this may be a small claims action which you can handle yourself. I would consult with an attorney first and let him review the filing. If it is over the limit then you will need the assistance of an attorney.