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Nicole P | Is neighbor responsible for the damage to my condo caused by her toilet overflowing while she's on vacation? |
My ceiling on two floors and in three rooms is ruined by water that came from our upstairs neighbor's running toilet. She lives on the 3rd floor and we live on the first floor. Our unit is "duplexed" down to the garden level. Our kitchen, 1st fl. & 2nd fl. bathrooms ceilings are ruined. Our neighbor evidently flushed her toilet before leaving home four days ago (we know this because once the Board entered her unit, there was still toilet paper in her toilet). The water overflowed for four days until it apparently "pooled" in our unit because we're at the lowest level. Our celings are ruined, we have holes and soft ceiling amongst other things. Will HER homeowners policy cover the damage to our unit or will be required to file a claim with OUR policy? Even though it was no fault of ours. |
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Sue
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I would file a claim in 2 places, your insurance & notify the condo association to file a claim on the master policy because it sure sounds like there is damage to common walls/floors/ceilings so both policies will come into play. You will be out your deductible but your company will subrogate against her company to recover their damages. Also, I am sure the master policy will also subrogate against her policy for the damages caused by the toilet & yes she is liable, she did something or failed to do something (she actually did both, she had a clogged toilet - there was still paper in it - flushed it & failed to be sure it was no longer running when she left her place & failed to turn off the water to stop it from running) that caused damage to someone else.
Don't be surprised if you end up with a loss assessment for the deductible on the master policy (this is an uncovered part of the loss covered by the association policy) that has to be split among the unit owners. The more owners in the building, the more people to split it between. Loss assessment should be covered by your policy, or if it is only a small amount, you may want to pay out of pocket. The insurance company will ask for the deductible back when they subrogate.
Also, this toilet overflow is considered "black water" since it has bacteria in it. You may want to get a professional water mitigation company in to dry up the water & to sanitize the areas so that mold & bacteria do not grow.
I hope she has a high liability limit because water damage can get expensive FAST. |
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rodrigo m
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If you were my client I would advise you to file a claim under your policy. A typical condo policy would cover this type of situation.
Once you have been paid your insurance company will then figure out who is responsible to pay. Once they recover the money from the responsible party (called subrogation) it should not have an effect on your insurance.
If this keeps happening to you, and you continue to file claims it may jeopardize your insurability. Meaning you can lose your insurance policy, and then you may have trouble getting a new policy from another company. You only need to worry about insurability if you file lots of claims. |
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Rich D
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Ask her homeowners insurance to cover it. Then talk to the Condo board and ask for a remedy.
If neither of them work, take her to small claims. (5k or less) |
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adjuster0326
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I like the answer Sue gave. The question is can you prove that the other home negligent? What a reasonable and prudent person due is the question to ask. Condo master policy and your homeowners will have to split the damages as some others have stated. |
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CommonCents
 |
Technically, In a true CONDO, I believe that you do not own the walls or what is inside them, you only own the airspace and rights to them.
This should be covered by the HOA master insurance, which you all pay for in your monthly assessment.
You can call the insurance company directly, you do not need to ask the board.
Please post what you find out,, Good Luck! |
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Gambit
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There's two ways to go: the easy way and the hard way.
The hard way means getting the condo association and your neighbour to file claims on their individual policies, and then being prepared to take one or the other to court if they either: a) refuse to file the claim, or b) their company refuse to file a claim. From your description, and despite others "opinions", since she caused her toilet to overflow by using too much toilet paper, she is indeed liable. Just becasue she didn't hang around long enough to realize the toilet was overflowing does not excuse the fact that she is the cause of the toilet overflowing.
The easy way would be to report the claim to your company, and letting your insurer worry about recovering damages from the other insurers. As with everything in life the easy path is not without it's pitfalls. If you had a claims free discount, you will probably lose it, and may not be able to regain the same level of discount for several years, depending on your insurer. If you have had other claims in the recent past you may be non-renewed by your current insurer, or even be subject to a surcharge. You will have to weigh these potential costs versus how much your repairs will be plus how much aggravation you are willing to put up with. It would be best to speak to your broker/agent who can give you better details about your options. |
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Kate G
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I'm not absolutely sure, but I believe that it depends on the insurance and the policy. I would contact a lawyer if possible, and contact your insurance company to ask them what you should do. |
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earfulofb.s.
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Check with the condo board and your condo laws in your area. I hope you have taken pictures and document damages done and have Condo insurance who may able to help you in your case. |
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mbrcatz
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Only if you sue her, and the judge says it's her fault.
And the chances of that are slim - she had no way of knowing the toilet was overflowing. If she DID have toilet issues, you'd have to PROVE that she KNEW there was a problem, AND didn't do anything to fix it.
I think this claim is going to be on YOUR policy, subject to your deductible. |
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