Legal Question in Civil Litigation in Missouri
In May the city's sewer system backed up and flooded my finished basement. The back up was caused by tree roots that had grown through the pipes. The tree was not on my property. I was told to file an insurance claim with the city siting all of my damages and include pictures. I did and within the allotted time frame. This week I received a letter stating that their client, the city, was not at fault and they would not be paying. What is my best course of action here?
2 Answers from Attorneys
Without having all the facts, it is impossible to give you advice specific to yrou case. But, under facts similar to yours, you might start with whose tree the roots came from. There may be liability of another private property owner. Of more importance is where the break or clog occurred. If it occurred in the area controlled by the city then the city probaly is at fault. Do not just accept the determination of theri insurance company. Remember, they are telling you "we don't want to pay you any money." They make less profits when they pay out all the money they should. Often insurers do not pay out until they are made to. You shoudl consult direcltuy with a civil attorney in yrou area. Take all your information to them. Many attorneys iffer a free or low cost initial consultation.
Good luck
My suggestion would be to have an attorney determine all available sources of recovery. From first glance, it seems that you may have a chance at recovery from the city, the neighbor's insurer and your own insurer. The next thing to do would be to submit a formal demand package citing the basis for recovery. It would be a good idea to cite specific case law showing that coverage is in order. If the demand is again denied, you will need to file a lawsuit in order to recover for your damages. Again, insurance coverage will be the issue so you will most likely need an insurance coverage attorney to help you. I have helped people in similar situations in the past and would be happy to help you by at least giving a free initial consulation. Don't hesitate to call if you would like to discuss.
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