Can I file a claim with a neighboring property owner’s insurance for my out-of-pocket expenses if we had to move due to flooding?

UPDATED: Aug 26, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I file a claim with a neighboring property owner’s insurance for my out-of-pocket expenses if we had to move due to flooding?

We had hotel and dog boarding costs. Our apartment flooded due to pipes breaking in an earthquake in the unit above us. We will not be able to move back in for 2-3 weeks. We have renter’s insurance but the deductible is 15%. Can we claim that 15% from the property owner’s policy or the policy of the renter in the unit with the pipes breaking?

Asked on August 26, 2011 Maryland


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can file a claim for the fifteen percent (15%) deductible that you will be out of pocket under your renter's insurance policy for the costs of the hotel and the boarding costs for your animal resulting from the water damage caused by the upstairs unit to its owner and see what happens. After all, it was the breakage of the upstairs water pipes that displaced you and your animal.

Another option is to see if your landlord will pay you the fifteen percent (15%) of your deductible for these costs under his own insurance policy or out of his own pocket. Hopefully you are not paying rent for your unusable unit while you are displaced.

Potentially your landlord may come out of pocket for your deductible costs under your renter's insurance for the hotel and dog boarding.

Good luck.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption