Insurance question

[Rick Lee]

While a long distance landlord in AZ, the owner of neighboring condo to my rental in VA called to say there was a slight drip in his ceiling, likely coming from my unit. I immediately called a plumber and he found the leak was coming from my shower drain, fixed it. No way I could have known about it before being told by the neighbor. And I addressed it immediately. I could not find a contractor to go out there to patch up the drywall for such a small job and I live 2000 miles away. Neighbor starts the lawsuit threats, so I hand it off to USAA. They said it's on him because I was not negligent. To be a good neighbor, I still got it repaired and way overpaid for it. But I'd have been within the law to tell him to pound sand.

[drcoastline]

I can't speak to Illinois directly so take this for what it is worth. I am licensed in NJ and PA. In NJ and PA, a comp claim isn't chargeable so no reason not to turn it in toy you carrier. As you know you have a $1,000.00 deductible so your carrier will pay anything over the $1K. If the motel is deemed responsible your carrier will recover your deductible for you.

Keep in mind a party need not be "negligent" to be responsible. That being said from the little information you shared I think the property owner may have "allowed a condition to exist" which could be negligence. How old is the building? I am sure this is not the first-time snow/ice has fallen off this roof and landed in this spot. Have they installed ice breakers/snow guards to break up the snow/ice? Why are cars being permitted to park in this spot when snow/ice is on the roof?

The last thing, why is your comp deductible $1,000.00? That is excessively high to me. You can't be saving that much in premium to justify a $1,000.00 deductible. Comp covers everything but you colliding with something, a telephone pole, house, car, etc. Comp covers a shopping cart rolling across a parking lot and hitting your car, a deer running out in front of you, a branch falling on the car, flooding, etc. Look into a $250.00 deductible see what the trade off in premium is.

[drcoastline]

Originally Posted by Rick Lee

While a long distance landlord in AZ, the owner of neighboring condo to my rental in VA called to say there was a slight drip in his ceiling, likely coming from my unit. I immediately called a plumber and he found the leak was coming from my shower drain, fixed it. No way I could have known about it before being told by the neighbor. And I addressed it immediately. I could not find a contractor to go out there to patch up the drywall for such a small job and I live 2000 miles away. Neighbor starts the lawsuit threats, so I hand it off to USAA. They said it's on him because I was not negligent. To be a good neighbor, I still got it repaired and way overpaid for it. But I'd have been within the law to tell him to pound sand.

Sort of right. First you stated this is a condo so the drain may be owned by the association so correct you would not be liable.

If however the line to your toilet after it left the floor ruptured or your hot heater heater failed. You would not be "negligent" but would be responsible for the damage to the other unit. In that case your condo unit insurance would have paid under the liability portion of your policy.

In my example where you would be liable for the damage it would still have been the best course for the damaged unit to turn the claim into their carrier for repairs and then the carrier subrogate against your policy or in the first case the drain the association carrier.