Can I get my deductible back from the water damage caused by my upstairs neighbor?

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Can I get my deductible back from the water damage caused by my upstairs neighbor?

My neighbor hired an electrician to deal with his electric panel. When the electrician opened the panel, it exploded and that caused upstair sprinklers to work for more than 45 mins. I, the downstair neighbor, got all the water damage and needed to stay in a hotel for 3.5 months during the repair. The upstair neighbor’s insurance company rejected my claim since that was the “panel’s” fault, but not my neighbor’s. My insurance company, which happened to be same as his (therefore same adjuster), covered the cost for the repair but I still have to pay for my deductible. Also, my neighbor said he would not contribute for my deductible personally. Any suggestions?

Asked on October 29, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your neighbor caused the problem that your insurance carrier covered but you had to pay for the deductible as required under your policy, then under the laws of all states in this country you have the right to file a legal action for such amount against the neighbor. Most likely such will be in small claims court.


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