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How can he sue me for injuries if he wasnt injured? |
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andy | Who will pay for the wall repair? |
My Retaining wall is leaning to my neighbor's property. He will sue me. Will my liability insurance cover the repair of the wall? I know the strctural insurance won't. |
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Faye H
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Liability covers damage you do to others. Liability does not cover your own property.
You have a bit of a problem here in that you know in advance that the wall is leaning and in disrepair. If your insurance company becomes aware of the hazard you have, they could, and likely would, cancel your insurance unless you take steps to remedy the problem. Also, since you're aware of the problem and haven't repaired it, thus causing damage to others when it falls, your insurance may not even pay for your neighbors damage.
You need to get the repairs done as soon as possible. I wish I had better news but you're going to have to pay for the repairs yourself. Insurance does not cover maintenance. That would be like asking your insurance to pay for the cost of changing the oil in your car because if it isn't change, eventually the car is going to break. |
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Queen B
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liability insurance is for if someone sues you for something you are liable for. it is not for making repairs. this is something that could be covered under your home insurance, depending on what the cause is that makes it lean. you are most likely going to have to pay to repair it yourself. contact you agent on this |
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blb
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This is strictly a maintenance issue. There is no coverage for maintenance under your homeowners policy. This is one of the things that responsible homeowners do, fix their properties before something happens to it. |
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larsgirl
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Just because you have liability insurance doesn't mean it's going to protect you from being sued by your neighbor for not maintaining your property.
Liability coverage is for what you do to something or someone. So, No, it will not pay to fix your property.
In oder for your personal liability to kick in you have to have a liability exposure.. he's probably pissed because it looks like hell. If it falls over onto his property and damages something,,,, yes your liability coverage will come into play,to repair HIS stuff, hurts someone, yes., to pay for THEIR expenses.... God help you if your Insurance Co. finds out that you were sitting there saying.....
Hmmmmmm... I really need to fix my retaining wall.. I know it's leaning into my neighbor's property and he's probably going to sue me. If cost is the issue.. you might want to talk to him.. he might surprise you. If you are honest with him, and admit that you know this is a problem, you are aware of it, but financially you can't address it right now.. see if you can come to some kind of compromise with him.
This may be one of those.... pizzas, a couple of 6 packs and some friends, kind of things. Don't wait until everything is in pieces.. your relationship with your neighbor, the wall...... |
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Gambit
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Your liability insurance will not cover the cost to repair your retaining wall. It will cover the cost of any damage you are liable for damages caused to others, including your neighbor. However since the damage to your wall occurred over time, your insurance will not cover it. |
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Topez
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Call your insurance agent / company and ask. Different policies are written up different and have different things they will pay for and won't. |
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mbrcatz
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No, because this is an expected issue - your homeowners policy does NOT cover maintenance issues. He will win, and you will have to pay for this. Your homeowners policy won't even defend you in court on this, so you'll ALSO be out the lawyers fees. |
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jeans545454
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yes |
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