by Guest » Sat Jan 07, 2012 03:25 pm
A huge section of the wall on the left side of the kitchen puffed up and cracked because of water damage from a leaky pipe in the upstairs apartment. Should I claim water damage from my own insurance company or do I file it against the other guy’s insurance company? I have already filed an official complaint with the unit owner’s association.
Posted: Mon Jan 09, 2012 04:35 pm Post Subject:
Since none of your belongings were damaged, there is no point in filing it against your own insurance company. Ask the homeowner’s association to file the claim against their insurance company(which will be a slow process) or you can just as well file it against the insurance company of the guy living upstairs. Filing it with your own insurance company will only result in raising your premium (or at least flag you as a potentially higher risk).
Posted: Mon Apr 02, 2012 02:23 pm Post Subject:
Whenever you have property damage to your property you have a valid claim to file against your insurance company. I have handled many claims like this where I have been retained by people like you and also from attorneys that need the facts of a case to go after the neighbor or association. From my experience I can tell you that going after the neighbor and/or association can often times take a lot of work and patience on your part, this is not always the case but more times than not I have seen these cases drag on for months while they are being disputed.
That being said, if you file it with your insurance they will not pay for ALL of the damages as your association is going to be responsible for some of them but they should pay for Paint, Texture, Flooring, Cabinetry, Etc...and then they will proceed to attempt to get reimbursed by the responsible parties insurance company.
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