Who's Responsible?

[keeshy2]

We live in a townhouse community in Virginia. My fiancee owns the house. We started having water leaking into the master bedroom on the 3rd floor when it rains near the chimney. One wall & part of the ceiling have been damaged. We figured the flashing had come loose around the chimney and since we're having other work done on the house, the remodeling company offered to give us an estimate for repairs. They crawled up on the roof and looked and found out the neighbor's siding had come loose (the neighbor's house sits higher by about a foot) and water was getting under the siding and seeping into our attic. It is then seeping through the drywall into the bedroom. He said the siding that's loose is definitely NOT part of our house and the siding has obviously been working itself loose for a while since some boards on OUR house have rotted. He called this morning to tell us this & said he will bring an estimate for repair on Monday when they come to paint.
We're on good terms with the neighbor but haven't ever asked her if she's had any water leaks inside. We'll ask her this weekend when my fiancee gets back from his travel.
My question is who's insurance is responsible? Since the damage is caused by the neighbor's siding being loose, can we request her insurance pay for the damage to our house? Or do we have to go through ours?
Thanks!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by keeshy2:
We live in a townhouse community in Virginia. My fiancee owns the house. We started having water leaking into the master bedroom on the 3rd floor when it rains near the chimney. One wall & part of the ceiling have been damaged. We figured the flashing had come loose around the chimney and since we're having other work done on the house, the remodeling company offered to give us an estimate for repairs. They crawled up on the roof and looked and found out the neighbor's siding had come loose (the neighbor's house sits higher by about a foot) and water was getting under the siding and seeping into our attic. It is then seeping through the drywall into the bedroom. He said the siding that's loose is definitely NOT part of our house and the siding has obviously been working itself loose for a while since some boards on OUR house have rotted. He called this morning to tell us this & said he will bring an estimate for repair on Monday when they come to paint.
We're on good terms with the neighbor but haven't ever asked her if she's had any water leaks inside. We'll ask her this weekend when my fiancee gets back from his travel.
My question is who's insurance is responsible? Since the damage is caused by the neighbor's siding being loose, can we request her insurance pay for the damage to our house? Or do we have to go through ours?
Thanks!<HR></BLOCKQUOTE>

Both insurance companies should be contacted but most of the claim would be on the neighbors.