Who should Pay?

[will5673]

Question...

I live in a condominium with adjoining units. Last week, my neighbor's washing machine broke and flooded both my basement and the people on the other side of them. My carpet will be replaced and the wall will be repaired. However, my insurance company says I'm responsible for the deductible ($250). Why should I have to pay for my neighbors stupidity ? It's through no fault of mine that their washing machine broke and flooded everyone. I believe they should be held responsible for my deductible. Please advise.

 

[ALawyer]

If you file a claim with YOUR insurance company it should pay you the benefits it promised -- damages LESS the deductible.

The person causing the damage would be liable for the entire damages, (NO DEDECTIBLE) but of course if the neighbor or his insurance company is unwilling to pay is unwilling to pay, you'd have to sue to collect.

That's why many people go to their own homeowners company and eat the deductible.

Ask the neighbor to pay the deductible. But he or his company does not, you'd have a bit of a problem. You see when it pays your claim your insurance company is "subrogated" to your rights to go after the neighbor. If your insurance company bothers to collect from the neighbor or his insurance company it should pay you your deductible back, but very often your company does not bother to try to collect as it sometimes can cost it more to try than it is likely to collect, especially if the neighbor has no homeowners insurance. In that case you could ask your insuarnce company for permission for YOU to sue to recover the deductible and any other damage, and the company may let you with an undertaking that if you sue you ask for the entire damage and pay them anything over the deductible.