need insurance help please

18 years ago

Moderator- If there is a more apprpriate place to ask this question, would you please move it- I did not see any, so will try here. Story: Neighbor remodeled her bathroom about a year ago. She lives above me. Last week there was a large leak over my bathroom- it has shorted out my electric outlets, soaked the ceiling- there is a very 'musty' smell now in the bath.I am a very bad asthmatic/COPD person, so have been sleeping on the couch. Have been keeping the window to the bedroom/bath open, fan to the bath area. The neighbor had a relative come out - he cut a large hole above my bathtub, and found out that her contractor hadn't even hooked up the 'overflow' to the tub. Also, the tub drain was only partially hooked up- it was not all the way lined up to the drain. Her insurance company came out- said because it was not her fault, that it was the contractor fault that they would not do anything. I do not understand this- what is insurance for?? Are they just bluffing to try to get out of it, or is this how Texas works? I don't want to use my insurance company, as it will just raise my rates, and in todays world, I would probably be cancelled. I will try again to talk to my insurance company, but could not get through yesterday. Is there a state insurance office that I can get in touch with? Thanks to those of you who can help.

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Comments (4)

carolyn53562
18 years ago
The fact that her insurance company won't pay doesn't mean that it is not her fault or that she is not liable. I am guessing that the insurance company did not pay because it WAS her fault that it leaked. The remodel obviously wasn't up to code so she probably did not get the required building/plumbing/electrical permits for the remodel or she did not have it done by a licensed contractor. If she had gotten a building permit then the work would have been inspected to see if if was up to code and the inspection would have disclosed the problems with the drain. You need to either contact your insurance company or a lawyer--maybe both. Don't blame her insurance company until you know all of the facts--she says it was her contractor's fault but if she didn't hire a licensed contractor or if she didn't get the necessary permits, then it ultimately is her fault and her insurance company should not pay and neither should you.
heimert
18 years ago
I agree with above generally . . . here are a couple more thoughts. I would get your insurance company involved and tell them that your upstairs neighbor caused this damage. To you it doesn't matter whether she or her contractor is ultimately responsible--you are not.

Your insurance company will assess damage and call her or her insurance company demanding payment. Her insurance company will either pay or seek payment from her or her contractor. But which of them pays should not be your concern.
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bdpeck-charlotte
18 years ago
I'm assuming that this is some sort of Condo, since you have an upstairs neighbor?

Contact your Condo Association, they should have had to ok any work done on plumbing in the building.

Ditto getting your insurance involved.

And don't let your neighbor send a friend or contractor into your unit without a building permit in hand.
ilmbg
Original Author
18 years ago
Oh Heimert- I hope you are correct- yesterday I did break down and called my insurance company. They would not even get involved without me filing a claim- of course I can always stop it... There are so many lessons I have learned in owning real estate-
1. NEVER have property that has a right of way through it- you will have idiots driving through it at high rat of speed (neighbor).
2. NEVER buy a condo that has a unit above it......
I am sure I could come up with many more!