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Post by MichyM on Aug 8, 2014 18:18:13 GMT
On May 11 the hot water tank in the condo above mine failed. I was in Morocco at the time. The person who rents that condo was out when it happened, it wasn't discovered until the water passed through my condo into the condo below mine. I was gone until the 29th. Dealing with it all long distance, with very sporadic wifi and no phone service was daunting to say the least! It was a dark cloud over my head during a trip of a lifetime :/
I bought my place a year ago. Prior to moving in I had all the floors replaced with new wood floors, painted the entire condo myself, as well as updated other things. Also a one year old gorgeous piece of walnut furniture was damaged by the water.
Got home, repairs commenced. Lived in a drywall dust bowl with everything all over the place for weeks. That finished, got it all cleaned up, then the flooring repairs started. So another pain in the neck for a week. I did all the clean up myself. Turned out to be about 12 hours worth over time.
Bills for the actual work all came in, I submitted them to the condo owners insurance company. Well over $10k. I should add that I've never met the condo owner above me. As I said it's a rental, and the owner lives outside the country. I don't know where and our HOA management will not give me his email info, citing privacy issues. They did just this week forward my info to him, but I haven't heard anything thus far.
Since day one I've been in contact with my own insurance provider. Even though I've never submitted a claim, if I run this through my insurance (replacement value) it will be a ding against me and my rates will go up. I've decided not to, since something else that I have no control over could happen.....like a washer hose failing, dishwasher, etc. Now I know why top floor condo are so coveted!
Anyhow, his insurance is only covering "depreciated value." How they depreciate one year old flooring, drywall repairs, etc is beyond me. They have made me a "settlement offer." I told them it was unacceptable. They said too bad, that's all we're paying. I'm stuck with a sizable out of pocket bill. I am not happy. Our HOA association management is hands off.
I'm pretty annoyed by this all. I'm wondering if someone who's either been down this road, or is in the industry, or the legal profession might be able to offer some advice. Is it realistic to take this to small claims court? Or is it an exercise in futility?
Thanks for your insight....
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MizIndependent
Drama Llama
Quit your bullpoop.
Posts: 5,836
Jun 25, 2014 19:43:16 GMT
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Post by MizIndependent on Aug 8, 2014 18:29:12 GMT
Lawyer. Now.
It might almost be amusing to watch how quickly their tune will change once they get a demand letter on your lawyer's letterhead.
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Post by Basket1lady on Aug 8, 2014 18:31:43 GMT
 I'd call a lawyer. Without hesitation.
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scrapaddie
Drama Llama
Posts: 5,090 
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Post by scrapaddie on Aug 8, 2014 18:32:36 GMT
I agree.... You should consult a lawyer
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Post by myshelly on Aug 8, 2014 18:57:39 GMT
Lawyer.
I don't think small claims court is going to work for you for several reasons - the $$ amount is likely too high, insurance companies are involved, and things are complicated by the owner living out of the country.
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basketdiva
Pearl Clutcher
Posts: 3,649
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Post by basketdiva on Aug 8, 2014 19:00:09 GMT
I agree-lawyer. The insurance company can only pay out based on the type of policy the homeowner purchased. The balance of the money will have to come from the owner.
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 19:05:51 GMT
Maybe wrong,but I thought if you made a claim on your's, they would "subrogate" it back to the other homeowner and they would do all the legwork and any legal legwork...and they would eat any difference of settlement cost.
I've only used ours twice...one in Houston after a hurricane...and once here in NC when a tree hit our home. Even though we were dropped, we easily found another carrier and then just changed again with a 25% discount when we also switched our car insurance. I haven't had a hard time find another carrier. Part of that might depend on your area, etc.
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Post by katlaw on Aug 8, 2014 19:15:39 GMT
I think you should call your own insurance company and get some advice. You do not have to file a claim with them to ask them what you should do now.
I have had a claim that was all paid out by another insurance company and it did not change my rates or rating with them. If they have not told you that this will affect you directly than you do not know that.
You pay for your insurance, they have people on their staff that will deal with the other insurance company.
You should be out no money at all, this damage is all on them.
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 19:24:37 GMT
I'm not big on lawyering up most of the time, but in this case, I definitely would.
Wouldn't the amount in question be more than you could recover in small claims court anyway? And with all the parties involved-you, owner of other condo, renter, insurance companies-it seems like it would be a mess to try and sort out and handle on your own.
Keep us posted, please?
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 19:30:40 GMT
How do you know your rates will go up if you file a claim under your insurance? Did they tell you that?
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Post by MichyM on Aug 8, 2014 19:38:58 GMT
Regarding my insurance. My agent is a good friend of mine. Both she and her underwriter have been advising me throughout this whole thing. There is no doubt, even if they collect from the owner above my unit, that my rates will increase.
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 19:48:42 GMT
Regarding my insurance. My agent is a good friend of mine. Both she and her underwriter have been advising me throughout this whole thing. There is no doubt, even if they collect from the owner above my unit, that my rates will increase. This surprises me because I used to be a rater for a property/casualty insurance company and when I would either enter information into the computer to process or even those policies that I used the state rate manual and my trusty calculator, someone's claim history was NEVER EVER a factor in the rating of a policy...property, auto, boat, personal floater, liability only. NEVER.
I suppose the underwriter could issue a "special endorsement" that added a surcharge to a policy for claims activity...but I never ever saw that.
So from my experience, rates aren't bumped up due to claims. Now if you have excessive claims the company may certainly choose to non-renew you...but rates (include rate hikes) are published and MUST go through the state.
I'm kind of surprised to hear an agent and an underwriter making such claims.
Edited to add...insurance companies in general aren't allowed to deviate from the rates that they've filed with the state you're in. The only thing that could raise your rates is if you somehow lost a discount for not having filed any claims. (and I don't know if any companies even offer such a discount)
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scrappinghappy
Pearl Clutcher
“I’m late, I’m late for a very important date. No time to say “Hello.” Goodbye. I’m late...."
Posts: 4,307
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Post by scrappinghappy on Aug 8, 2014 19:54:47 GMT
call your insurance company. We were in a similar situation and the two insurance company;s figured it out. We were out only our deductible AND OUR RATES DID NOT CHANGE.
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Post by mikklynn on Aug 8, 2014 20:09:44 GMT
Yes, call your insurance company asap. I agree with luvspaper, your insurance company would have handled it and subrogated (gone after) the other insurance company.
It's not too late. Make the call.
Also, document every call, every email, everything.
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Post by MichyM on Aug 8, 2014 20:13:24 GMT
Thanks for your advice. However I really am sure about the claim raising my rates. I have all my insurance (car, homeowner's, some riders for specific items, and an 1M$ umbrella policy) through this agent, and apparently I receive some sort of a discount because I never file claims. I would lose that discount if I run this through them  |
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 20:15:49 GMT
What is the point of having insurance if you never use it? That's what it is there for.
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Post by myshelly on Aug 8, 2014 20:27:01 GMT
What is the point of having insurance if you never use it? That's what it is there for. I agree. I've filed several claims (after a tornado and after hail storms) on my homeowners and my rates have never increased. Same with car insurance. I would use your insurance and if your rates go up next term, shop for new insurance. Otherwise you are wasting your money paying for protection you are afraid to use. |
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Post by MichyM on Aug 8, 2014 20:30:52 GMT
I agree. You have given me something to think about. Drives me nuts to pay every month for something I have never used....
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Post by bianca42 on Aug 8, 2014 20:32:57 GMT
I guess the question is how much is that discount you get for never filing claims. Would you lose a $500 a year discount in order to get them to help with your $10000 claim? You may be able to earn that discount back at some point too. Are you talking $250 a year discount?
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gsquaredmom
Pearl Clutcher
Posts: 4,092
Jun 26, 2014 17:43:22 GMT
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Post by gsquaredmom on Aug 8, 2014 20:33:19 GMT
If you win small claims here it us up to you to collect. Decide whether a lawyer is cheaper than your rates. I know some auto companies are not even covering full medical in at fault accidents and telling people to sue now, so insurance companies are trying not to pay out.
I would also switch companies if they raised my rates. Plenty of ducks in the pond.
I have filed claims and rates did not change.
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Post by bianca42 on Aug 8, 2014 20:41:09 GMT
Technically her rates won't go up. She'll lose a discount.
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 20:42:39 GMT
I agree. You have given me something to think about. Drives me nuts to pay every month for something I have never used.... I know. I hate seeing that money go out every month, too! Which is why we've used insurance when we need it. I forgot to add earlier -- that really sucks about the water leak and all of the damage to your home! And the drywall dust... |
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back to *pea*ality
Pearl Clutcher
Not my circus, not my monkeys ~refugee pea #59
Posts: 3,149
Jun 25, 2014 19:51:11 GMT
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Post by back to *pea*ality on Aug 8, 2014 20:49:15 GMT
The homeowner above you is at fault. If their insurance company won't cover the claim to put you back where you were before the damage then they should pay you. Have you talked to them? It is worth a try to have them put pressure on their insurer.
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Post by shevy on Aug 8, 2014 21:07:48 GMT
My last house I ended losing a discount and then having a higher rate. In purchasing the house, the deal included that the sellers would pay for and have installed a new roof and they did. A year into owning the home, the roof was leaking and we had to turn it into insurance. Come to find out that the previous owners put it through their homeowners and the company was the same as mine. Because it happened in 18 months, they counted it as 2 claims agains the property and deemed it excessive. Then 6 months later we had issues with damage to our chimney. We put a claim in as the top had to be totally redone. Our rates went up again because of 3 claims in 2 years.
I dislike insurance companies.
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Post by cadoodlebug on Aug 8, 2014 21:17:14 GMT
We just had a dishwasher catch fire in one of our rental homes. It was a Bosch and the control panel caught fire. Known problem with about 500,000 Bosch dishwashers. Anyway, if we were living in the home they would replace the dishwasher with a *like* one. Since it's a rental they are depreciating and giving us a lot less money. They also paid a company $1,500 to clean up the soot on the blinds, the soot on the granite and a few other things. But since we have a $2,500 deductible, we're going to have to pay for a lot of the repairs. We're hoping the insurance company will go after Bosch and recoup our money.
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Post by JustKim on Aug 8, 2014 21:40:55 GMT
I would go thru the insurance company. What is the discount dollars? if you figure out that and the cost of getting a lawyer and/or eating the cost of the extra, I would lose the discount. As far as raising your rates, this is not your fault and there are plenty of insurance co. out there that would take your business without the threat of raising your rates. I had someone hit my car and I turned it into my insurance because they were trying to back out of it. My insurance paid it and then went after them, no rate change. anyway, sorry you had to go thru months of repairs, what a pain
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Deleted
Posts: 0
Oct 8, 2024 6:46:44 GMT
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Post by Deleted on Aug 8, 2014 21:59:30 GMT
My last house I ended losing a discount and then having a higher rate. In purchasing the house, the deal included that the sellers would pay for and have installed a new roof and they did. A year into owning the home, the roof was leaking and we had to turn it into insurance. Come to find out that the previous owners put it through their homeowners and the company was the same as mine. Because it happened in 18 months, they counted it as 2 claims agains the property and deemed it excessive. Then 6 months later we had issues with damage to our chimney. We put a claim in as the top had to be totally redone. Our rates went up again because of 3 claims in 2 years. I dislike insurance companies. Personally, I don't see how a faulty roof should've been handled by an insurance company. If the previous owners agreed to put a new roof on, it was up to you to get a homeowners inspection to insure that this was done properly. If anything, you could've gotten some kind of warranty from the roofing company. A leaky roof is not something for an insurance company unless it followed a hail storm or a tree crashing through your roof. Damage to your chimney? What kind of damage?
Insurance does not cover normal wear and tear or routine home maintenance.
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Post by anniefb on Aug 8, 2014 22:10:31 GMT
I agree that you should lodge a claim with your insurance company if you can. Then the insurance companies will fight it out as to who is liable. If you lose a small discount (i.e. no claims bonus or something similar) through claiming in my book it's still worth it. You have to factor in all the time you're spending, cost of lawyer etc in order to deal with the neighbour's insurance co and it could well be more than what you're 'saving'. Plus, they know they're dealing with an individual so will be trying to get you to accept bottom dollar. You have insurance to cover eventualities like this and as long as the claim is worth more than your excess, iI think it's always worth claiming - particularly when a third party is responsible for the loss.
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Post by eebud on Aug 8, 2014 22:21:01 GMT
I would try to get a lawyer and go after the other insurance company. I would not want to go through my own insurance for something that should not have to be their claim. I have a large deductible and do not want to have to pay my deductible for something that was the fault of someone else. It is not uncommon for people to have a 1% of the value of your home deductible. That is thousands of dollars. So, I would do everything I could to get their insurance company to pay up. You are a claimant in this situation and they should cover the damages.
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Post by Sharon on Aug 9, 2014 0:26:28 GMT
My best friend works for an insurance company. She's an adjuster for home insurance. She told me to never buy a condo because it would be our insurance that had to pay if the person above us had an water problems that came into our unit. That's just the way it works in a condo. Even though it is their fault for water overflowing the bathtub, hot water tank going out, etc.; it will be your insurance that has to cover the cost of repairs in your unit.
Also, our rates have always increased every time we've had a claim on either or homeowners' or auto insurance.
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I'd call a lawyer. Without hesitation.
