What is the name of your state? New York
This past weekend our basement was flooded by sewer water. Unfortunately we are responsible for clearing the clogged pipe and the damage caused by the water. We are devastated that no one will accept any responsiblity. Please help determine if we have a case.
1) We live in a city and at first when the water was pouring in our home we called our local plumber who came out and assessed our pipe to the street and it was clear. We called in an emergency to the city and they sent out a plumber who told us that we were connected to a private sewer (he did not measure the pipe) and said he could not help us. Two days later with a high powered jet we freed the clog. This was done totally on our expense. I contacted the city again and asked how to find out if I was connected to a private sewer and who else was connected with me. It was later determined that I was not connected to a private sewer but a city line and the city then sent two trucks out to make sure the line was clear (which it was since I paid a private company to flush it). I was told that the city claims no responsibility since it was too dark to measure the pipe and the plumber who answered the call did not have access to any records that would indicate the it was the city's pipe. They told me I could file a claim on my own but nothing else could be done. To say that I am upset is an understatement. Do I have any rights here or am I just wasting my time.
Part 2
2) We filed a claim with our insurance company and at first they said they would cover the loss, they even sent out a mitigation company to clean up the mess. They later said that since it was sewer water and we do not have back up insurance they would not cover the claim. I contacted my agent and he stated that he does not offer his clients this type of insurance since you need to have a sump pump installed, my reply was why do you think that is up to you to decide. He then stated that he did not know what to tell me. I told him that he really is negligent in the the sense that he never supplied me with any information that states what I am/am not covered for (no contract) and also he did not offer to add back up water coverage (20 bucks extra a month). I have already told him that if he intends to do nothing to help me I will be forced to file an error and ommissions claim against his agency. I sent him a certified letter almost a week ago and he has not responded to this letter. Is there anything else I can do?
Please advise.
Thank you
Wendy
This past weekend our basement was flooded by sewer water. Unfortunately we are responsible for clearing the clogged pipe and the damage caused by the water. We are devastated that no one will accept any responsiblity. Please help determine if we have a case.
1) We live in a city and at first when the water was pouring in our home we called our local plumber who came out and assessed our pipe to the street and it was clear. We called in an emergency to the city and they sent out a plumber who told us that we were connected to a private sewer (he did not measure the pipe) and said he could not help us. Two days later with a high powered jet we freed the clog. This was done totally on our expense. I contacted the city again and asked how to find out if I was connected to a private sewer and who else was connected with me. It was later determined that I was not connected to a private sewer but a city line and the city then sent two trucks out to make sure the line was clear (which it was since I paid a private company to flush it). I was told that the city claims no responsibility since it was too dark to measure the pipe and the plumber who answered the call did not have access to any records that would indicate the it was the city's pipe. They told me I could file a claim on my own but nothing else could be done. To say that I am upset is an understatement. Do I have any rights here or am I just wasting my time.
Part 2
2) We filed a claim with our insurance company and at first they said they would cover the loss, they even sent out a mitigation company to clean up the mess. They later said that since it was sewer water and we do not have back up insurance they would not cover the claim. I contacted my agent and he stated that he does not offer his clients this type of insurance since you need to have a sump pump installed, my reply was why do you think that is up to you to decide. He then stated that he did not know what to tell me. I told him that he really is negligent in the the sense that he never supplied me with any information that states what I am/am not covered for (no contract) and also he did not offer to add back up water coverage (20 bucks extra a month). I have already told him that if he intends to do nothing to help me I will be forced to file an error and ommissions claim against his agency. I sent him a certified letter almost a week ago and he has not responded to this letter. Is there anything else I can do?
Please advise.
Thank you
Wendy