Can I file a lawsuit against my school for not having flood insurance on a parking lot loacated in a flood plain?

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Can I file a lawsuit against my school for not having flood insurance on a parking lot loacated in a flood plain?

About 1 1/2 years ago there had been heavy rain for the previous 12 hours, in what ended up being the most rain in a 24 hour period ever. The school that I go to is located in a flood plain but the school has no insurance for the parking lot in floods. I drove my car to school as usual and parked in the school lot with no sign of floods; there was only heavy rain. Fast forward 2.5 hours the school lot is completely flood and my civic is submerged. I just paid $10,000 cash two weeks ago of my own money for this car.

Asked on April 26, 2012 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Even if they had insurance, it would not cover your car--flood insurance only covers the insured's own property. Furthermore, the school is not liable to you for damage from a flood because the school did not cause the flood--in common parlance, it is an "act of god" for which a person or business is not responsible. The only way for you to have been reimbursed would be if you had your own insurance (e.g. collision insurance) on the car which covered it--that's why people get collision insurance in the first place, to cover them when there is no one else they could hold financially responsible.


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