Legal Question in Civil Litigation in California
My neighbor had a water leak that caused damage to his condo and my condo. The damage to my condo was approximately $1,800. I asked my neighbor for his insurance information. He said that he did not have insurance. I then made the claim with my own insurance company. My insurance company paid me for the damages, less my deductible of $250. My insurance rates might go up at my renewal as a result of making this claim.
I have two questions. 1) Is my neighbor liable for the entire $1,800 in damages even though my insurance company paid for it (less my deductible)? 2) Can I sue my neighbor for the entire $1,800 even though I've already been paid by my own insurance?
2 Answers from Attorneys
1. Yes, unless he's already settled either with you or with your insurer in a way that bars further claims. If he pays you more than the $250 deductible, your insurance company will be entitled to the rest.
2. This is actually the same question, though it may seem different. The answer is the same as the one I just gave you.
Good luck.
1) Yes. He owes you $250 and your insurance company reimbursement for what they paid you. 2) Yes, but your insurance company will be entitled to anything over your deductible.
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