Insurance company served me for burst water heater saying I was negligent

Get Legal Help Today

 Secured with SHA-256 Encryption

Insurance company served me for burst water heater saying I was negligent

Just over 4 years ago, I owned and lived in a condo. On a Saturday when I was out my water heater leaked and damaged the apartment under mine. I came home the same day and shut the water off. I did not have insurance. I had a electric water heater installed a few days later. A couple of months later I received a letter from my downstairs neighbor’s insurance company saying that I was responsible and I should call them. I called and spoke to a rep. She asked me a few questions including the age of the water heater. I told her that the plumber didn’t know the exact age but he said it wasn’t old and that there was no way to see it coming. She told me that based on what I told her it doesn’t seem like anything, and that was that. Today, I got a knock on my door, and I’m being sued for over $12,000 saying that I failed to maintain my water heat and that there was negligence on my part and also saying that I was absent for an extended period of time. Thoughts?

Asked on October 12, 2016 under Insurance Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to file an answer to the complaint(lawsuit) within the time set forth on the summons  which is attached to the complaint.  Your answer to the complaint must be filed with the court and served by mail on the insurance company.
You should retain an attorney to represent you in this matter.
If the complaint is not timely filed, the opposing party will file a default judgment against you.  That means you have lost unless you file a motion to set aside the default.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to file an answer to the complaint(lawsuit) within the time set forth on the summons  which is attached to the complaint.  Your answer to the complaint must be filed with the court and served by mail on the insurance company.
You should retain an attorney to represent you in this matter.
If the complaint is not timely filed, the opposing party will file a default judgment against you.  That means you have lost unless you file a motion to set aside the default.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption