If my neighbor’s heating pipe busted and did a lot of damage to my kitchen, what can I do if insurance won’t cover the full amount of my loss?

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If my neighbor’s heating pipe busted and did a lot of damage to my kitchen, what can I do if insurance won’t cover the full amount of my loss?

I contacted his insurance company and was told to file a claim with my insurance company and that they would re-imburse my company. The contractor estimated the damage at over $7000 due to the amount of water damage, however my insurance adjuster estimated it at $4100 with a $1000 deductible and some other cost it brought it down to $2773 for a settlement this is not enough to cover all the damages to my property. What can I do?

Asked on January 21, 2016 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe your insurer is not offering you the true cost to repair (less the deductible, of course; you are legally responsible for paying the deductible, and if you'd wanted a smaller deductible, you could have purchased a different or better policy), you could sue them for breach of contract (an insurance policy is a contract), for violating their obligations to you. If you can prove the cost is higher, you could force them to pay more.


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