Would my neighbor be liable for my insurance deductible?

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Would my neighbor be liable for my insurance deductible?

I own a town house and my neighbor
rents next door to me. He had a water
leak in his bathroom that caused damage
to my home. I was told I have to file a
claim with my own insurance which has a
1000.00 deductible. My neighbor was
not at home when the leak occurred but
turned the water when he found the
leak. Would I have a chance to recover
my deductible from my neighbor in a
small claims court?

Asked on June 8, 2016 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the neighbor was at fault in causing the leak, which usually arises from leaving the water running in a sink, shower, or bath then steppping out, letting it overflow, he could be liable for your deductible. But if he was not at fault, which sounds like it was the case (since he was not at home), he would not be liable; liabiltiy in cases like this depend on fault.


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