Claim DENIED ! Why Should I Pay ?

[dyang]

neighbor's irrigation broke and over the course of 5 hours dumped into my backyard and crawlspace under my house.

damages to my crawlspace amount to $2200; my deductible is $2500.

I filed against my neighbor's insurance (Farmers) and their finding is that they are not legally liable for damages - no one was at fault.

Correct - it was an accident ! but isn't this why we buy insurance ? what a warped legal system to turn this into an issue of negligence !

I will ask, but don't expect to get damage costs covered by my neighbor. But why should I pay ?

$2200 doesn't seem like enough to get an attorney involved.

Seems my last (and only) option is Small Claims court - is this even a worthwhile option to take ?

 

[rudy323]

Why should you pay?

When you are carrying a high deductable, you are assuming some of the risk, for a lower premium

Your gamble didn't pay off

 

[VolAgent]

I'd advise my neighbor I intended to sue him for damages since his insurance company denied the claim and encourage him to speak with them about reconsidering.

It may not be covered in his policy, but that doesn't change his liability.

 

[WCMason]

Seems like an easily winnable small claims case.

 

[xrac]

I would contact the DOI first. It can't hurt.

 

[cottonland]

I would have an attorney send a demand letter to Farmers. Doesnt surprise me that they denied claim.

 

[transmedicalservices]

You need to hire a Licensed Public Adjuster for this claim. What State do you live in?

 

[scottye7]

You need to contact Metro Public Adjusters. They act as your lawyer for you in claims that the insurance company wants to minimize. In your case this is called subrogation, where your insurance pays you for your damages and they will go after your neighbors insurance company. You still need to contact Metro Public Adjuster because they can probably get you more money for your claim. There is no out of pocket money on your end because all fees are taken out of the claim. It a lot of cases homeowners don't know what to say, and when they say the incorrect thing; this is when the insurance knows the homeowners doesn't know what they are talking about and denies the claim. However, there is something the homeowner can do, and that's to call a Licensed State Public Adjuster like Metro. Hope this helps!
- - - - - - - - - - - - - - - - - -
Plus, now you have to make sure mold is not building up in the crawl space because this can be dangerous for you and your family. FYI

 

[dyang]

This claim is in Nevada. I notified the neighbors insurance company that I do not accept their finding since they did no due diligence to find out exactly what caused the incident (they asked a landscaper who told them "it just broke"). I insisted that the ins company hire a neutral 3rd party adjuster to do the due diligence.; else I go to the insurance commissioner. neighbor has had a history of crappy irrigation system, with torrents flowing down the street. wonder if I can get records from the water company ? I worry because my house sits about 15 feet below neighbors house (irrigation and pool water system). crap, I don't want to have to buy flood insurace !

 

[BigIVU]

I think an attorney would agree that your neighbor has a legal obligation to maintain his irrigation system in proper working condition to avoid these types of damages to others. Refile the claim and, if denied, take it to the adjuster's superior. Do this in writing and copy the state insurance department.

Google "nevada unfair claims settlement practices" and you'll find some information. Nevada is different from most states as to what rights you have directly against the other insurer.