Legal Question in Real Estate Law in Georgia
The radiator in our unit was leaking (we were unaware of this). It caused some ceiling damage in the unit below us. As soon as we were made aware that the leak was coming from our radiator - we had the radiator fixed. Our insurance does not cover the damage to other owner's unit. Shouldn't their insurance cover that? Are we legally responsible to pay out of pocket for her damage? She is threatening to sue.
2 Answers from Attorneys
A person is generally responsible for the damage they cause to the property of another person. This basic responsibility should be understood by every adult, but unfortunately is not. Why should they have to make a claim on their insurance policy for damage caused by you (intentional or otherwise)? Even if they did and their insurer paid, their insurer would have a claim against you for the amount paid out. If your neighbor did something to damage your unit, would you just tell them no problem, forget about it, and that you would make a claim on the insurance you paid for, and pay the deductible and higher premiums for the privilege??? Likely not.
Why would you think they should pay for damages you caused?
If they were to contact their insurer, their insurer would likely sue you. They also have that right.
Of course you owe them the money (and you really need to be carrying insurance).