Should I Claim Against Neighbor or Claim Against My Home Insurance Policy ?

Discussion in 'P&C Insurance Forum' started by dyang, Mar 27, 2013.

  1. dyang
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    dyang Member

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    neighbor's irrigation broke and flooded my basement crawlspace.

    I could claim against his insurance, or claim against my own insurance which would then "subrogate" a claim against my neighbor's insurance policy.

    damage is about $2500 to clean up, and my deductible is $2500. It is unknown whether claiming against my home insurance policy will result in a rate increase for me.
    If I claim against my neighbor's insurance, they will try to lay the blame on the landscaping company that maintains the irrigation system. So the question of who's liable is still to be discovered.
    thanks for any suggestions and advice
     
  2. bravodeluxe
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    bravodeluxe Member

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    know this, if you make a claim 3 times in 3 years against your home insurance policy, that insurance company MAY drop you. I'd attempt the headache of filing against the neighbor. GOOD LUCK
    Mahalo
    Rich
     
  3. BIG RED IS BACK
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    BIG RED IS BACK Well-Known Member

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    with a 2500 deduct, you really dont have a claim on your insurance.
     
  4. Soaringagent
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    Soaringagent Well-Known Member

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    Keep us updated on what happens.
     
  5. bravodeluxe
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    bravodeluxe Member

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    Agreed, The deductible is so high compared to your loss that you could just call it a wash and not do anything but clean up and start over
     
  6. dyang
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    dyang Member

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    Re: Should I Claim Against Neighbor or WHEN to sue ?

    Ok, I claimed against my neighbor's insurance policy - Farmers.

    Now I expect the insurance company to take their merry time following up on this claim.

    What's a reasonable length of time before I get my attorney involved ?

    thanks,

    D Yang
     
  7. xrac
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    xrac Well-Known Member

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    I am not even sure this is worth an attorney. Here in Indana this would be small claims which I would pursue without an attorney.
     
    Last edited: Apr 1, 2013
  8. JenkinsAgency
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    JenkinsAgency Active Member

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    If the adjuster is any good, you won't have to wait long. I'm a Farmers agent in TX. I know at least here, their goal for our insureds is to have a check in their hands in 7 days or less. This sounds more complicated as there are two parties involved, but I'd be surprised if they "take their merry time".

    Please update later when you know something!
     
  9. DawnPatrol
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    DawnPatrol Member

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    Outside water coming in would generally not be covered under your homeowners policy (at least in CA), so go after the neighbors policy under his liability
    I had a client whose irrigation went down a slope and damaged neighbors property. We paid
     
  10. dyang
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    dyang Member

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    Re: Claim Against Neighbor DENIED !

    to recap: 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.

    I will ask, but don't expect to get damage costs covered by my neighbor.

    $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 ?
     

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