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Using own home insurance vs using other party insurance

Rockville, MD |

I don't have flood insurance since area is not flood zone. A huge construction for a school with land, up hill coming down to my house so if raining water come down to my house from that huge land of school. The construction company did not plan good water control pattern for their property and all water pure to my house and was flooded very serious. Even for risk of fire and other problems since water had force, fire station showed up that night while raining and shot the power and asked to leave the house if possible.

My own insurance is not covered by flood as well, this is not a real flood (just a bad plan from construction company hired by public schools). Should I report to my own home insurance and they go after other party or just sue the public school and construction company?

Attorney Answers 3

Posted

If it were me, I would make a claim on my insurance. The insurance company will subrogate the damages to those who are at fault. You paid for the insurance, you should use it. Ask them to make the claim under the liability portion of your insurance policy since you don't have flood insurance.

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Asker

Posted

My own insurance denied everything. On my policy, running surface water coming to house in not covered. But, I was trying to push them for " liability portion" and they go after the other party but he denied the claim and said I need to go after the construction. Any advise?

Posted

This appears to be a follow up to your earlier question. You won't work through this issue with piecemeal advice from this website. A review of your homeowner's policy is necessary, in addition to the remedies that have already been suggested in response to the earlier question. You just need to pull the trigger and make choices.

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Posted

Make the homeowners insurance claim. If they decline to cover the loss, then you will have no option but to sue the construction contractor. In the meantime, hire a lawyer to immediately contact the construction firm to address the ongoing problem, as well as contact the Montgomery County permitting offices and get a building inspector out there pronto. There are strict rules and regulations regarding sediment and water discharge from construction sites. Although your homeowner's insurance may cover some of your damages, it may not cover all. Nor will your insurance company start acting on your behalf to stop future runoff events.

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Asker

Posted

My own insurance denied everything. On my policy, running surface water coming to house in not covered. But, I was trying to push them for " liability portion" and they go after the other party but he denied the claim and said I need to go after the construction. Any advise?

Mark William Oakley

Mark William Oakley

Posted

You will likely find that the construction company, and it's general liability insurer, will be more responsive to a lawyer than to an unrepresented homeowner. The construction company will try to blame one or more of its subcontractors (the sediment control sub, among others), but it remains primarily responsible for the site. You can also claim against the owner of the land, if different from the contractor. This will involve letters and phone calls, and possibly that will be all that is required, and they will respond and deal with the situation. In addition, the lawyer can assist you in contacting the appropriate county inspector and permitting offices to get regulatory pressure on them. At this point, you should be making an appointment with a lawyer. I have 25 years experience dealing with construction disputes and litigation, as well as making claims on behalf of plaintiffs suing for damages arising out of tortious conduct. There are many fine lawyers in and around Rockville and Montgomery County. Select one and take the necessary steps to protect your property and recover your damages and losses.

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