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neighbors home ins denial not based on facts

Discussion in 'Homeowners, Fire, Casualty' started by dlttls, Nov 4, 2012.

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  1. dlttls

    dlttls Law Topic Starter New Member

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    I live in a modified zero lot home. The easement for my access, etc is located in neighbors gated yard. Its 4' wide and is on my property line. They are allowed.to use it as a garden, and must maintain it including drAinage and bare all financial costs. My home flooded from their side, seeping into walls. Inspections showed lack of maintenance, inoperative drainage system, and a trash enclosure they installed on the easement whi h blocks drainage and against ccrs..hoa has been unwilling to help..i have been told that neighbors ins will only actually pay if a lawsuit is filed..the denial letter ignores all facts and inspection reports..I can prove every issue, the city was oug and stated they did not meet the min drainage cor sideyard, yet stated they dont enforce codes. Does the neighbors liability ins have any requirement to make their decision on facts? I was told the rules are.different than my own ins.. is it a waste of time
    Everyto continue to.pursue without a lawyer? I cant afford upfront costs...the statue of limitations is running out. Damages of around 30,000 or more.
     
  2. army judge

    army judge Super Moderator

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    No one has to pay you something because you ask for it, or demand it.

    The insurance company doesn't owe you an explanation.

    If you have a case, it's against the homeowner.

    Even if you're right, you'll have to take it to court and PROVE your assertions.

    If you do that, you still won't get paid.

    You'll receive a judgment upon which you'll have to collect.

    That's even harder than PROVING a case.

    Why not file a claim with YOUR insurance carrier?

    Barring that, it's off to court you go.

    Only a judge (or jury) can determine if your neighbor's liable to you for anything.


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  3. dlttls

    dlttls Law Topic Starter New Member

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    The previous owners ins paid for a similar prob. So i gurss its up to ins co? I thought thats why they have liability ins for..
     
  4. army judge

    army judge Super Moderator

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    No, that's why YOU should carry liability insurance.

    Most people don't cave when someone claims they did something, they fight it.

    If the shoe were on the other foot, would you pay because someone says you owe?

    Sorry, life doesn't work that way, if you're informed.


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    Last edited: Nov 4, 2012

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