A plumber burst a pipe in the condo above me causing water damage to my unit, what can I do if I’m uninsured?
December 21, 2009 by
Filed under condo water damage
A plumber that was working in the condo unit above me accidentally burst a pipe, causing water damage to several rooms in my unit. If I don’t have any additional insurance beyond the association insurance, what are my options?
This is why your agent will recommend your belongings are covered- the plumber has insurance, but it’s more to fix the damage to the structure. The condo association also has insurance, but like I said, they’re only responsible for keeping coverage on the structure.
Ask a lawyer if you can sue the plumber.
~~First contact the contractor and ask him to cover your losses. If he refuses go to your state’s website and look for the contractors board. You can file a complaint through them.
If you are renting, you will also need to get your landlord involved. If you own, then you will be able to handle it all.~~
Not many. You can certainly try to sue the plumber, but you’ll have to prove that he was negligent. Just the fact that the accident happened while he was working isn’t good enough.
Most plumbers insurance policies, exclude negligence – so it’s possible that even if you win, HIS insurance won’t pay out.
I hope you go buy your own coverage now, so that NEXT time this happens, you’re not uninsured again.
Here are some other answers:
1) First, it depends on what your association bylaws state. Some associations bylaws will cover all of the construction items (paint, drywall, floors, etc) in your unit. Some will not. This would be your first option – have your association file a claim.
2) Regardless of what happens with item #1, you have a liability claim against the plumber. Have the plumber provide you there insurance information. If he won’t provide it, find out a way – might be time for an attorney if he won’t provide it.
If he has insurance, file a liability claim with that insurance company. If he does not have insurance; you better hope the association has insurance and will cover it – because your quickly running out of options.
3) If the plumber doesn’t have insurance, you MAY (and this is starting to stretch it) be able to file a liability claim against your neighbor, if they have insurance, on the grounds that they retained an uninsured contractor.
Home insurance is actually very flexible. I don’t understand all the fine print of my home policy, but my home insurance agent is always a phone call away. Try visting your agent or a homeowners agent in your town. http://www.goodinternetdeals.com/Home-Insurance.html They will be able to help you.