Condo water damage caused by neighbor

[fredgski]

The upstairs condo owner recently had a plumbing problem causing water to leak between floors and cause $512 damage to the ceiling in my unit. After putting the claim through my insurance company, I received a check for $12.00 due to the $500 deductable on my policy. My insurance company did turn over the claim to a collection agency who contacted the condo unit owner and their insurance company. Bottom line is that the collection agency closed the case because:

"The adverse party disagrees with your theory of negligence/liability and we have no information from you to satisfactorily arguement. If you have data to support your position, please forward same. We'll then reopen and pursue.
Thank you."

I am in agreement that the damage was not caused by negligence, but is there any recouse I have available to me or would this recovery attempt be heard in small claims court?

Fred Gutowski

 

[Duranie]

Definitely. You can ask your neighbor for reimbursement of the deductible, otherwise you can sue him. Be advised you are going to have to prove some sort of negligence on his part on the leak for him to be held responsible.

 

[fredgski]

negligence

Definitely. You can ask your neighbor for reimbursement of the deductible, otherwise you can sue him. Be advised you are going to have to prove some sort of negligence on his part on the leak for him to be held responsible.

I think the problem is that it was a old seal on a toilet - i dont believe that is negligence - any thoughts?

 

[Duranie]

That is going to be hard to prove. He had to have known the toilet was in danger to leaking. You can always file a claim anyways and take him to court if you feel it is worth it.