Question in Regards to Property Damage

[TickledPink]

What is the name of your state? Virginia

Good Morning -- I live in a townhome and in August my neighbor's pipes burst, warping and damaging my hardwood floors. Because my neighbor stopped speaking to me after this incident and not giving her insurance information to me, I went to my own insurance company for advice and to have the damages repaired, with my agent telling me that they would recoup the damages from my neighbor's insurance company, and that my claim would be subrogated in the database. I now received the word that her insurance company is denying liability because they found no negligence on her part, and my insurance company says that legally there is no further recourse they can take. I'm confused -- only because her insurance company says they're not going to pay my claim, that's the final word?

How can it be that my neighbor is not legally responsible for my property damages which stemmed from her property, and what other recourse can I take to have my claim paid by her company?

Thanks in advance for your time.What is the name of your state?What is the name of your state?

 

[seniorjudge]

...How can it be that my neighbor is not legally responsible for my property damages which stemmed from her property, and what other recourse can I take to have my claim paid by her company?....


Let's start from the beginning.

You left out any facts (not conclusions) showing that your neighbor is liable for these damages.

Give us the facts (and details).

 

[TickledPink]

...How can it be that my neighbor is not legally responsible for my property damages which stemmed from her property, and what other recourse can I take to have my claim paid by her company?....


Let's start from the beginning.

You left out any facts (not conclusions) showing that your neighbor is liable for these damages.

Give us the facts (and details).

I'm sorry I didn't elaborate..... Our homes were built in 1986 and were built with PVC piping. Some of my neighbors were able to get in on a law suit against the builders of the homes to have their plumbing replaced with copper piping. Unfortunately this had expired before I had moved in. Having had a few plumbing problems with the PVC piping myself over the years, I finally decided this past May to replace all of the plumbing in my house. When buying our homes, we are all made aware of the type of PVC plumbing that is in the house, so we are also aware of the risks. In knowing this, isn't there some sort of liability on my neighbor's part?

 

[seniorjudge]

I'm sorry I didn't elaborate..... Our homes were built in 1986 and were built with PVC piping. Some of my neighbors were able to get in on a law suit against the builders of the homes to have their plumbing replaced with copper piping. Unfortunately this had expired before I had moved in. Having had a few plumbing problems with the PVC piping myself over the years, I finally decided this past May to replace all of the plumbing in my house. When buying our homes, we are all made aware of the type of PVC plumbing that is in the house, so we are also aware of the risks. In knowing this, isn't there some sort of liability on my neighbor's part?

Please tell me what your NEIGHBOR did that makes you think that the NEIGHBOR is liable for damaging YOUR property.

 

[TickledPink]

I'm sorry I didn't elaborate..... Our homes were built in 1986 and were built with PVC piping. Some of my neighbors were able to get in on a law suit against the builders of the homes to have their plumbing replaced with copper piping. Unfortunately this had expired before I had moved in. Having had a few plumbing problems with the PVC piping myself over the years, I finally decided this past May to replace all of the plumbing in my house. When buying our homes, we are all made aware of the type of PVC plumbing that is in the house, so we are also aware of the risks. In knowing this, isn't there some sort of liability on my neighbor's part?

OH... just a few other details -- on the night that her pipes burst, I ran over to check on her and told her that it had flooded into my house as well. She came to my house and saw the damages, and said that she would have her insurance company take care of my damages as well. The next day she stopped speaking with me. As it turns out, she never filed a claim with her insurance company, and just last week her spouse started replacing the pipes after nearly 3 months.

 

[TickledPink]

Please tell me what your NEIGHBOR did that makes you think that the NEIGHBOR is liable for damaging YOUR property.

I feel my neighbor was negligent in not replacing the faulty plumbing as the rest of us had done, and I feel she is responsible for the damages to my property. That is what I feel my neighbor is guilty of.

 

[moburkes]

Then sue her.

 

[LSCAP]

I’m confused.

Is the OP saying that neither his nor his neighbor’s insurance will pay for the damages?

Or only that he wants the neighbor to pay, and not his insurance?

 

[TickledPink]

I’m confused.

Is the OP saying that neither his nor his neighbor’s insurance will pay for the damages?

Or only that he wants the neighbor to pay, and not his insurance?

What happened is that my neighbor said she would have her insurance company take care of my damages, then reneged the next day. Therefore, in order to have my damages repaired I had to go through my own insurance company, who in turn would seek reimbursement of damages through her insurance company. Well I was informed that her insurance company was denying liability because it was an "unforeseen accident". Well, in my opinion, MOST accidents are unforeseen.... nobody goes out looking for one or looking to cause one. So not only did my insurance company have to pay for this mess, I am now out of pocket for my deductible, my time lost from work, and have been informed that my homeowners insurance rates will most surely be going up due to this, while my neighbor skates on the whole issue. I would ask any logical thinking person who could put themselves in my place if they felt they should be responsible for damages caused to their property by someone else's property, and be left holding the bag and footing the bill?

 

[moburkes]

Then, sue your neighbor.

 

[TickledPink]

Then, sue your neighbor.

I have been seriously thinking about doing just that. Since my insurance had to pay for all of this, I would just like to recover the amount that I am out of pocket. Of course this would be what I listed previously -- the deductible and my time lost from work, as well as the difference between what my current premium rates are to what they are going to be as a result of this. Since this claim is not going to be subrogated, I feel that she needs to be responsible for at least this.

 

[moburkes]

You cannot ask your neighbor for FUTURE premium increases, since you don't know what those increases are.

 

[TickledPink]

You cannot ask your neighbor for FUTURE premium increases, since you don't know what those increases are.

That is true and I could live without that -- it was something that my insurance agent suggested saying that he would have been able to give me an average of what the increases might be.

This is obviously something I would take to small claims court and am wondering if I truly have a legal leg to stand on.

 

[moburkes]

You need another insurance agent.


By the way, if your insurance company, which has lots of money and lawyers, didn't press the matter, I'm not sure how you will be able to. But, that's just my opinion.

 

[TickledPink]

You need another insurance agent.


By the way, if your insurance company, which has lots of money and lawyers, didn't press the matter, I'm not sure how you will be able to. But, that's just my opinion.

AGREED!! My insurance adjuster told me that they had no other legal recourse and I said that it didn't seem as though they were fighting very hard for me or my claim. Of course I got the run around as he tried to talk his way out of that. Now that I have this claim in the insurance database it will be difficult to be taken on by another insurance company, which is something I would like to do.