Legal Question in Insurance Law in California
homeowners insurance policy for condos
A water pipe in the foundation broke in my mother's adjoining neighbor's condo My mother had a 3 inch flood throughout her house. My mother does not have insurance. The neighbor's insurance agent says it was an accident and they are not responsible for my mother's damage, unless negligence was proven. The homeowner's committee and their insurance claim they are not liable in any way. It's between her and her neighbor. There is over $10,000 worth of damage. She has no money. What are her options?
2 Answers from Attorneys
Re: homeowners insurance policy for condos
She probably needs to hire an attorney and sue or sue for up to $7,500 in small claims court. But, she needs to prove that the neighbor was negligent in either maintaining or failing to maintain the pipe.
This is why your mother should have had insurance on her condo.
Re: homeowners insurance policy for condos
The next door condo owner and the homeowner association insurance both could probably be liable for your mother's damages. If you can show that the pipe rupture was inside your next door condo unit I think that is sufficient for their negligence due to inadequate maintenance or failure to adequately contain the water that was seeping through and spread to your mother's unit. Homeowner association may be liable if the pipe was located in common areas or the water regulator of the entire building had failed. Call us at 213.388.7070 for a free consultation.
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