Would my neighbor be liable for my insurance deductible?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Would my neighbor be liable for my insurance deductible?

I own a town house and my neighbor
rents next door to me. He had a water
leak in his bathroom that caused damage
to my home. I was told I have to file a
claim with my own insurance which has a
1000.00 deductible. My neighbor was
not at home when the leak occurred but
turned the water when he found the
leak. Would I have a chance to recover
my deductible from my neighbor in a
small claims court?

Asked on June 8, 2016 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the neighbor was at fault in causing the leak, which usually arises from leaving the water running in a sink, shower, or bath then steppping out, letting it overflow, he could be liable for your deductible. But if he was not at fault, which sounds like it was the case (since he was not at home), he would not be liable; liabiltiy in cases like this depend on fault.

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 lock Secured with SHA-256 Encryption