Odd situation- water leak casued damage to neighboring unit

[Heidi Kenefick]

A unit I own out of state, which is vacant at the moment, had a leak. I wasn’t initially able to reach the PM, but eventually did and they went out and dried up the water. There was no damage to my unit so I did not file an insurance claim.

The water went through the wall into the neighbors unit (she called the HOA) which is how I learned of the leak in the first place. She is afraid mold will now grow and says the baseboards are coming off the wall. She would like my insurance company to fix it.

My insurance company says without filing a claim and having an adjuster do an investigation they cannot tell me if 1. The leak is covered or 2. If her unit is covered. The leak most likely is not covered based on the source of the leak and what I read in my policy documents.

I suggested to the neighbor she contact her own insurance as I am not filing a claim. She was not thrilled because she says she will have to pay $1000 and it’s my fault. While I do feel bad, and if the shoe were on the other foot might even feel the same, I am not sure how to proceed or if I am liable or if this a just a risk of living in a town house?

Thoughts? Advice?

[John Clark]

You are not being a good neighbor. You know that the leak originated in your property, not her's. You should file a claim against your insurer and give her a copy of the claim. If your insurance company decides to jerk her around, she can contact her insurer who will then go against both you AND your insurer.

Be aware though, that once her insurance company is done fixing her up, it will go after you on her behalf for damages, her $1,000 deductible and her out-of-pockets, AND her increase in premiums caused by her having to file a claim.