# Water damage from another unit in my building - who is responsible



## dowshenko (Sep 11, 2012)

Hi All, love the forum and all the advice!

Not entirely money related from an investing perspective but I do see that some ppl have asked around insurance claims and issues and was hoping I could get some help here too. 

A unit above me in my current condo building had an overflow from their washing machine that poured into my unit and others below me. I have been working with the condo corp and its been a disaster... To keep a long story short, I'm in a 2 story unit, the 2nd floor had a stain on the ceiling as well as some damaged drywall as well as soaked carpet. On my first floor, the hardwood flooring is now bending upward from the water damage there. The condo corp has had adjusters in to get this resolved and they sent guys in to paint the ceiling and walls and repair the drywall damage and in addition steam cleaned my carpet. I have complained about my flooring on the first floor but the condo corp says they do not cover flooring... Even though they spent some money to clean the carpet on the second floor I am making no headway on my nice hardwood... Is it my responsibility to go through my own insurance for this flooring since the condo corp doesn't cover floors?? or is it to go through the other unit owners insurance? I had nothing to do with these problems other than living in the wrong place at the wrong time... why would I have to pay my insurance deductible to get this resolved? 

Any help would be greatly appreciated.

To add insult to injury... the guys who came to fix the 2nd floor stuff... did a crap job... painted the whole 2nd floor and not just where the damage was. In addtion, they actually painted it the wrong colour too!! and I left the paint can I had used from the professional job I had before moving in! 

Cheers, 

Chad


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## Cal (Jun 17, 2009)

Did you call your insurance, what options did they recommend?


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## dowshenko (Sep 11, 2012)

Cal said:


> Did you call your insurance, what options did they recommend?


I did, they were happy to put the claim through them of course, I would just have to pay the deductible... They had mentioned to see what I can do through the building management company but I'm not getting anywhere. Simply, you should put it through your own insurance. Its not like a car it seems.... there is no collision type of coverage. If someone hits me and I'm not at fault, its covered with out my expense. This doesn't seem to be the case.


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## dowshenko (Sep 11, 2012)

*called*



Cal said:


> Did you call your insurance, what options did they recommend?


My insurance said they would be happy to put it through but its a claim on my side. I would then have to pay my deductible. It's seemingly not like car insurance... If someone hits you and its their fault their insurance covers it. You may still put it through your own insurance but there is no cost to you. 

They also said to speak with the building mgmt and see if they would take car of it... but that is proving to be a dead end


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## dowshenko (Sep 11, 2012)

*insurance*



Cal said:


> Did you call your insurance, what options did they recommend?


My insurance said they would be happy to put it through but its a claim on my side. I would then have to pay my deductible. It's seemingly not like car insurance... If someone hits you and its their fault their insurance covers it. You may still put it through your own insurance but there is no cost to you. 

They also said to speak with the building mgmt and see if they would take car of it... but that is proving to be a dead end


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## MoneyGal (Apr 24, 2009)

You should put it through your own insurance and also request that your deductible be covered.


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## northernguy (Oct 19, 2013)

Unfortunately I had the same misfortune one year as well in a townhouse I once owned...next door put in an illegal bathroom in the basement, left the door adjar at -40, had a pipe burst and flooded our basement. We had to claim our own insurance.


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## Cal (Jun 17, 2009)

That doesn't sound right. I mean, yes that is why you have insurance, but in the example above it is the other persons fault.

It seems like the easy out to say have your insurance cover it.

Would your insurance go after the condo corp for their funds?

I guess you could take the condo corp to small claims court for your deductible.

Where is Rachelle...I have no doubts you have experience in this type of thing....


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## northernguy (Oct 19, 2013)

As I recall, because it was an incident that wasn't determined by the insurance company to be the fault of the neighbour, just an unfortunate incident, each person claims their own insurance. I don't believe I had to pay a deductible. I do recall being very upset about having to make a claim, but was told it wouldn't be used against me.


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## MRT (Apr 8, 2013)

sounds awful...and I had a similar experience several years back. Turns out the builder's plumber did not connect an overflow drain on the tub for the unit above me. What sounded like the odd raindrop when people would shower turned into a small downpour when someone finally took a bath. It was well past the time that deficiencies could be claimed against the developer.

I got the runaround from everyone (why can't anyone take responsibility for problems?!?)

My insurer said it would be a claim against my policy, but that the condo corp. is responsible for repairs to the original concrete floor.

The condo corp balked, stating it was an insurance matter, and that it is responsible for what is between the units and common elements, and that "as a service" they patched the ceiling above my bathroom and painted it (they did a crappy job on both). 

I still don't know who was truly liable or what recourse I had. Given the relative lack of damage other than to the floor, and because I was going to paint and reno anyway before selling, I just made sure the repair was done and tested by our maintenance folks, and then dropped the matter. 

I also dropped TD as my insurer. Complete lack of assistance in resolving the matter, and a rep who came out was highly discouraging of even having an adjuster look at the damage, that it might be put through as a claim, etc. (pure scare tactic). To top it off, I later received a letter from TD asking for confirmation that the damage was repaired! I was not impressed...


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## dowshenko (Sep 11, 2012)

*Came to a settlement*

Thanks all for your help... after many months of arguing with everyone about everything I didn't make it anywhere great.... However I was able to squeeze some cash out of the company that did the repairs. 

Looks like its up to me to get the rest fixed...


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## Synergy (Mar 18, 2013)

IMO, this is what should have transpired. OP places claim under his or her insurance company and pays the deductible. OP's insurance company indemnify's the insured (replace / repair / cash settlement). OP's insurance company should then “go after” the at fault party on the OP's behalf (subrogation). Once the claim is settled, the OP's insurance company should refund the deductible to the OP. The at fault parties insurance company through a tenants insurance package (liability section) should have paid for both the repairs and deductible. OP out of pocket $0.


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## lb71 (Apr 3, 2009)

Not sure where the OP lives, as laws may differ from province to province. When I lived in a condo (in Ontario, as owner), one of the main building drains got clogged, with water backing out of my bathroom sink and partly flooded my unit. The carpet got soaked. The building manager told me it was my responsibility to fix and clean. I did a bit of research and found this little gem. I can't remember the technical name, but if any original fixtures or furnishings (ie, how the unit came when first sold) is damaged as a result of a common element, the building's insurance has to cover it. I brought it to the manager's attention, she checked it with the lawyers, and I didn't have to go through my insurer.


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## Synergy (Mar 18, 2013)

lb71 said:


> Not sure where the OP lives, as laws may differ from province to province. When I lived in a condo (in Ontario, as owner), one of the main building drains got clogged, with water backing out of my bathroom sink and partly flooded my unit. The carpet got soaked. The building manager told me it was my responsibility to fix and clean. I did a bit of research and found this little gem. I can't remember the technical name, but if any original fixtures or furnishings (ie, how the unit came when first sold) is damaged as a result of a common element, the building's insurance has to cover it. I brought it to the manager's attention, she checked it with the lawyers, and I didn't have to go through my insurer.


That was for a "building / common element problem" so yes certain items could be claimed under the condo corps insurance policy. The OP and the Condo Corp had damage to their property from another owner / unit. Normally the OP and Condo Corp would claim under their own policies and their respective insurance company would go after the at fault party.

Personally I'd pay the deductible, have the repairs done properly and allow the insurance company do their thing - work towards recouping their costs, refund your deductible, etc.


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## Rusty O'Toole (Feb 1, 2012)

Landlord/condo corp responsible for the building only. Your own insurance covers your belongings and also covers you for damage you cause. In this case, if the tenant was at fault by causing a flood his or her insurance should cover the damage.


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## RBull (Jan 20, 2013)

Synergy said:


> IMO, this is what should have transpired. OP places claim under his or her insurance company and pays the deductible. OP's insurance company indemnify's the insured (replace / repair / cash settlement). OP's insurance company should then “go after” the at fault party on the OP's behalf (subrogation). Once the claim is settled, the OP's insurance company should refund the deductible to the OP. The at fault parties insurance company through a tenants insurance package (liability section) should have paid for both the repairs and deductible. OP out of pocket $0.


Totally agree.

It's often the way it works with an auto claim as well.


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