Water Damage - Who is responsible?

[Ji Kim]

Hi All,

Last week there was a leak from my heater pipe to the condo unit owner below me causing water damage to their ceiling and walls. The HOA told me it is the unit owners responsibility and that I would have to go through my insurance company. I don't know if this matters but the leak was due to the constructor penetrating the pipe with a nail that was used to hold up the dry wall. Surprisingly the nail was acting as a plug and held up for over 6 years before finally giving way last week.

Today I called my insurance and they are requiring the by-laws to confirm who is responsible. In the scenario that it is my responsibility they will only cover my damages past my deductible. In that case, the unit owner below me will be out their deductible.

So my question is, should I be paying the unit owner's deductible as well? I'm currently leaning towards paying the unit owner's deductible since we are neighbors and the damage was from my unit. Any suggestions will be greatly appreciated!