Who should pay?
Get Legal Help Today
Secured with SHA-256 Encryption
Who should pay?
A contractor tore down an apartment building that was adjoined to my house and caused damage to my roof and roof line. Contractor’s insurance company denied my claim. I then filed a claim with my home owners insurance and they turned it down because the estimated damage was less than my deductible. I don’t think I should be responsible for any deductible because it wasn’t my fault or my home owners insurance companies obligation. What recourse do I have?
Asked on April 12, 2016 under Real Estate Law, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your recourse is to due the contractor (you sue the contractor him- or itself, not the insurer) for the damage: if you can prove (e.g. by credible testimony, of yourself, your family, any contrators you hire to repair the damage, etc.; by any examinations done by insurance adjusters; by photographs; etc.) that they caused the damage, you can get a court order requiring them to pay. (At that point, if they have relevant insurance, it is most likely that their insurer will pay for them.) If the amount at stake is equal to or less than the maximum limit for your small claims court, suing in small claims, acting as your own attorney ("pro se") to save on legal fees, is an excellent option.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.