Can I get my deductible back from the water damage caused by my upstairs neighbor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get my deductible back from the water damage caused by my upstairs neighbor?
My neighbor hired an electrician to deal with his electric panel. When the electrician opened the panel, it exploded and that caused upstair sprinklers to work for more than 45 mins. I, the downstair neighbor, got all the water damage and needed to stay in a hotel for 3.5 months during the repair. The upstair neighbor’s insurance company rejected my claim since that was the “panel’s” fault, but not my neighbor’s. My insurance company, which happened to be same as his (therefore same adjuster), covered the cost for the repair but I still have to pay for my deductible. Also, my neighbor said he would not contribute for my deductible personally. Any suggestions?
Asked on October 29, 2012 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your neighbor caused the problem that your insurance carrier covered but you had to pay for the deductible as required under your policy, then under the laws of all states in this country you have the right to file a legal action for such amount against the neighbor. Most likely such will be in small claims court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.