DukeCt

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  1. There is a legal distinction between negligence and legal liabllity. And my question, under Maryland law is the neighbor legally liable. And if so, their insurance should reimburse me. Here is a quote from Nolo.com on this instance Water Damage Caused by Carelessness If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action. Common culprits of this type of water damage include garden hoses or sprinklers left running too long and water pipes that get clogged, get old, leak, crack, or freeze. Owners are responsible for their pipes and for damage they may cause, even if the pipe just wears out or freezes in cold weather. Tree roots, including roots from neighboring property, can also damage pipes. Just as property owners are responsible for damage caused by their broken pipes, tree owners may be responsible for damage caused to another's property by their tree's branches or roots Note these words specifically:, Owners are responsible for their pipes and for damage they may cause, even if the pipe just wears out or freezes in cold weather. T I wrote this info on this site as I wanted legal advice if this is the case in Maryland. I don't need adjusters telling me what insurance thinks. I understand that all to well. Some of the responders have been professional. But the ones who are stating that I don't understand my insurance policy are just wrong. And clearly work for insurance companies.
  2. If I have an accident on my property and my neighbor is damaged, then I would think I would be liable. Water Heaters last up to 10 years. When you have one that is 20 plus years old, you are just waiting for it to leak and damage both you and potentially your neighbor. Which is why I replace mine every 10 years. I take care of my home. My neighbor was ignorant about maintaining their home properly. They had an accident and their insurance is covering them. They should cover my losses as well. It is their fault. Not mine. I understand most of the public is ignorant about water heaters. That is why they have home insurance to protect them and the people they injure. I am disgusted with their insurance that they are not doing their job and covering my losses for their insured's neglect. I am very educated on insurance. And I am educated on home ownership which is why I have never had a claim in over 20 years because I take care of my home properly. If this was my fault I would gladly pay the deductible. But it is not my fault. And I will remain disgusted that my neighbor's insurance will cover them and not me.
  3. My townhouse had a large puddle in my basement. It is not a condo, but normal ownership. The HOA does not govern this, I checked. I immediatedly called a plumber and he figured out it was coming from my neighbor whose water heater had leaked. We suspect it had been slowly leaking because when we removed our carpet, there is a small line of mold along the party wall and no where else. The neighbor purchased the home 6 years ago and never checked the water heater unit again. And stated they never went down there to look at it. The townhouses were built in 1994 so I suspect it was original and thus over 20 years old so well past its intended life. Conveniently they did not look at the unit to see the install date nor did the insurer check the date and now they say it is gone so too late to know for sure the age. The day it happened, I immediately contacted my insurance and theirs. We have the same insurer. The insurer is claiming that they are not responsible for my damages because the neighbor would have to be negligent. Since i have the same policy, I reviewed it and it says that they just have to be legally liable. I don't understand where negligence is coming in. I have argued this with the insurance company and they say that negligence is the standard in order to insure a neighbor. So they will fix my neighbor's property but not mine. I would have to file under my property's insurance and thus deal with a 1000 deductible AND increased rates. For a problem that I am victim of. So I have 2 counter responses with this. #1, My neighbor had an accident and I was damaged. I would think that would mean they are legally liable and I should be covered under their policy. with no deductible and no records for me. #2) Given that they didn't find the leak, didn't inspect their unit ever, nor even know the age. Well that seems like negligence. I just need to understand the law, but I am disgusted with the insurance company.