Water Damage

Is my neighbor responsible if we have a terrible rainstorm and my basement floods or other damage occurs

No, unless they have used unreasonable measures to protect their land from flooding, and these measures have caused damage to your property. Laws vary by state, so it is best to check the statutes in your state to learn what your neighbor is and is not liable for when it comes to property damage from rainwater.

If my neighbor is responsible for water damage to my property, what compensation is he required to provide me?

You may be entitled to compensation for repair and replacement of property damaged by the water, compensation for costs incurred if you had to stay in a hotel until the problem is fixed, reimbursement for medical expenses and compensation for mental distress. Your neighbor may have to pay punitive damages if he deliberately caused the water damage.

Will my homeowner's insurance cover water damage?

It may or may not, depending on the source of the water. Generally speaking, your homeowner's insurance policy will cover you if the water came from an inside source, such as a busted pipe in the adjoining condo or a related problem. Your insurance probably will not cover damage that is caused by water coming in from the outside; you would need to have a flood insurance policy to ensure coverage for this type of water damage.

Who do I contact to solve a flooding problem?

If flood damage occurs and you think your neighbor is responsible, talk to her to see if she is willing to compensate you for the problem. If all efforts at resolving the problem are ineffective, you may have to take your neighbor to small claims court to address the problem.

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