Legal Question in Insurance Law in Hawaii

Do I have to pay

A couple of years ago I had a washing machine that overflowed and damaged the apartment next to me. Now I have the landlords insurance company trying to sue me for the money for the repairs. I am not denying causing the damage, but I do have a problem with the $3,100 bill that the landlord said it took to fix the floor. The reason I have an issue is the landlord took it upon himself to fix the floor, he fixed it himself, prior to the insurance company sending an adjuster to evaluate the damage. Also, according to the insurance company's lawyer, the pictures taken of the ''fixed floor'' did not develop correctly and are of no use. Do I have a chance at winning this, or maybe getting a reduced bill since the amount of damage can't be proven?


Asked on 7/03/09, 12:09 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Do I have to pay

One who causes damage is generally liable. I am not sure why you conclude that damages can't be proven. The landlord and/or adjuster can testify, provide receipts, estimates, get testimony from the adjuster, etc. You can cross-examine and provide your own evidence that the damage was less than that - do you have any? What is "proven" is for the judge to decide. $3100 is not a significant amount for water damage. It could have been much worse. Is it worth your time and trouble to fight it, when you admit to being liable, or should you settle?

Read more
Answered on 7/03/09, 5:47 am
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Do I have to pay

You are the defendant in what is known as a "subrogation" lawsuit. The insurer has paid the claim and language in the policy allows the insurer to get an "assignment of the claim" from its insured and come after the person who caused the damage. This is a very technical process and the insurer messes it up all the time. The paperwork has to be done just right for the insurer to proceed. Get the assignment documents through discovery and flyspeck them. Also the insurer has to be a named party to such a case in Georgia and the jury (or judge) will know the real party in interest is the insurance company. Get a lawyer and fight it. Sounds like the insurer has proof problems to me. A good lawyer will tie this case into knots. You might be able to settle for pennies on the dollar.

Read more
Answered on 7/03/09, 2:58 pm


Related Questions & Answers

More Insurance Law questions and answers in Hawaii