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NYOC - Bluefrog | Can I sue my insurance company for flood insurance? |
We recently had a flood in our full basement. There was 3 inches of water covering the entire floor. The reason was our sub pump died and we had massive rain. We contacted our insurance company and they said that our policy has a $500 deductible and a $5000 limit for claims. The problem is that everything that was damaged would cost more than $5000 to replace. Can we sue the insurance company for the difference? I know that you can sue anyone for anything, what I am looking for is more information about winning possibilities.
Additional Details
The pump's warranty has expired. So, if I don't sue them how am I supposed to get my stuff back? If it were only the $500 deductible difference I would understand. However, it will probably be closer to $2000. |
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d d
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I don't think suing your insurance company is the right way. They were right. You have a $500 deductible, which means you have to pay the first $500. They will cover up to $5000 (after that). It's not your insurance company's fault. They aren't the person to go after.
Check into the warranty on the pump. |
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CPA/PFS
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You can sue. I don't think you can win. YOU chose the deductible and the liability limits on your policy. If you didn't like them, you could have bought a higher amount of protection from them or another insurance company. You didn't. I don't see how you will win the case when you made the choices. |
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Lori S
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You bought the policy with those benefits. You cannot turn around now that you had an occurance that is more expensive and sue. Sue for what? If the insurance company pays the benefits you bought, you have no grounds. Accept the fact that this was a learning experience and buy better coverage next time or check your sump pump yearly...sorry |
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insuranceguytx
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Now you understand why it makes sense to have regular (annual) reviews of your insurance coverage with an insurance professional.
Do so now and discover what other coverage you lack. |
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Jason S
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It sounds to me like you did not have flood insurance at all. Homeowners insurance does not cover flood anywhere in the US on any policy. You actually have to purchase a separate policy for flood which is run by the government. Basically, on your policy, the insurance company has decided to be nice and pay out on the Backup of Sewers and Drains coverage. They will cover your items up to $5,000 minus the Deductible. So if your stuff is worth right at or more than $5,000, you will get about $4,500. I would recommend taking that and running with it. Buy some flood insurance and recommend that all your family and friends do the same since it is obviously an issue in your area.
Good luck to you! |
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mbrcatz
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Here in the US, you can sue anyone for anything. so sure you can sue. As you realize, you'll lose.
Flood isn't covered on ANY homeowners policy. You're darned lucky you had "backup of sewers and drains" coverage, and they're covering this, giving you the $5,000. Most people don't.
Your ANSWER would be, put in a claim on your flood policy. No doubt you're going to say, "I'm not in a flood zone, so I don't need flood insurance". But clearly, you needed it, because you have an uncovered claim here.
But if it makes you feel better, flood doesn't cover "contents" stored in your basement.
So there isn't a "winning possibility" about getting someone to cover you when you're uninsured. The ONLY chance you MIGHT have, is blaming your agent for not offering you flood coverage. And if he did, and you turned him down, you won't win that one, either. |
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Yo' Mama
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Your insurance company owes only up to the limit of the coverage you purchased. What you have is sewer back-up coverage, which normally has a $5,000 limit of coverage. The limit of coverage is on the declarations page of the policy that you received when you first paid for it and every renewal statement you've received since you bought it. If you didn't know what your policy covered and what the limitations were, that is your own fault for not reading the policy. You have no grounds to sue unless your agent told you that you had more coverage than you actually have; in which case you can sue the agent and his errors and omissions insurance would step in to defend the suit for him. It is unlikely you will win any lawsuit. |
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Sue
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First of all, like mbrcatz said, most people don't have backup of sewers & drains (this is where sump pump overflow is also covered) & you are lucky you had the $5000 coverage, you probably had a "kitchen sink" endorsement that added that coverage with debris removal, personal injury & a few other extra coverages that companies like to add for a small premium.
That being said, this would NOT be covered on a flood policy, even if you had one. In order for flood to be covered on a flood policy, the water has to be above ground, on normally dry land and cover either 2 acres or 2 adjacent properties. Seepage into a basement wouldn't be covered anywhere (unless you had a flood policy, the water covered the ground outside with the above stipulations & came in the window). You are actually lucky you had a sump pump that failed. If you didn't have a sump pump at all & no drain at all & had the seepage into the basement, there would be no coverage, anywhere & could not be purchased.
If you didn't understand your policy & had questions, you needed to ask your agent before you had a loss. Agents are not mind readers as many people think. We give you a rundown of coverages but I would take the better part of a day to explain everything so you have to ask, ask & ask again until you understand. So, I guess you could sue but it would be a lot of time & effort & you wouldn't get anything in the end. |
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