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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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