I received damage to my condo from upstairs condo when his water heater broke, he has no insurance shouldn't he be responsible.

Asked over 1 year ago - Miami Beach, FL

I have insurance with $ 500 deductible why should I have to pay , and also be subjected to possible rates increases

Attorney answers (2)

  1. Barbara Billiot Stage

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Your upstairs neighbor is liable and there's a state statute requiring unit owners to carry insurance, but if they don't, your only recourse is to sue. You will need to have the repairs completed and documented. If the amount is under $5,000 you can file in small claims court. It is easier to let your insurance handle it and if they feel they can recover from your neighbor, they will sue and you don't have to deal with the stress of trying to collect. Sometimes people win lawsuits only to learn they cannot collect from the other party.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  2. Carol Anne Johnson

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Actually, unless your upstairs neighbor was negligent and purposely broke his water heater, he probably is NOT liable to you beyond that which insurance will pay. He IS required to have insurance, though, so a small claims action may suffice in getting a judgment for your deductible, as mentioned, your insurance company can go after him for failure to obtain his own insurance.

    From Chapter 718.111(11) - 1. A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.

    Good luck.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate,... more

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