r/Insurance • u/info_swap • Jul 29 '25
Neighbor is claiming water damage from leak on new apartment. Asking for my home owner's insurance contact details.
TLDR: Bought new apartment. Neighbor is claiming a leak damaged her property. I am unclear if I am at fault or if the former owner is responsible. Location is Virginia, US. Thanks in advance!
I purchased a new apartment on July 8. Then, on July 10/11, my contractor discovered that the HVAC unit was leaking water into the unit below my apartment.
I hired an HVAC technician. He found the HVAC clogged and fixed it. He claims that the HVAC has been leaking for several days.
Also, the building contractor (maintenance technician) determined that the water had to be running for several days PRIOR I bought the property.
Now the neighbor is requesting my insurance information. And neighbor wants to file a claim with my insurance.
Most likely, this damage started before I bought the property. However, I do not have any evidence except circumstantial. (Meaning that the amount of water damages could not have been caused while I was the official owner.)
Also, I do not know the total amount of damages in dollars. It can range from 1,000 to over 3,000 USD. Maybe more.
Should I give my neighbor my insurance information? How will this impact me in terms of costs and expenses? For example, do I have to pay a deductible? Or will my insurance premiums go up?
On the other hand, can I attribute these damages to the former owner? And ask the neighbor to contact their insurance? In other words, refuse to recognize these liability as my responsibility. (I moved after the damages occurred.)
Finally, what is the best course of actions? Thanks in advance!
3
u/blbd Jul 29 '25
The neighbor can't file a claim on you unless you were negligent and you aren't because you did everything properly and promptly. They need to do their research first before reacting and making accusations.
1
u/info_swap Jul 29 '25
Thanks.
Another redditor pointed this out. I will research on tort law, insurance, and liability. Then I will reply to the neighbor.
1
u/Mobile-Astronaut-505 Jul 29 '25
Well of course they can file a claim but the insurance carrier can certainly deny. I used to work auto claims, and we would always deny liability if there was a chance that our insured was not at fault. Throw the ball back to the claimant carrier and let them make the next move.
1
u/info_swap Jul 29 '25
I'd rather keep this issue to the minimum.
First, I'd rather not get sued.
Then, remember this person lives under my apartment. So I don't want to have problems with a neighbor.
Most likely, I will reply saying that I don't recognize this liability. And tell her to contact her insurance.
2
Jul 30 '25
Pay for it out of pocket, insurance is for catastrophical losses.
If you are in the US you might get two claims before getting canceled and forced to excess lines insurance (very expensive).
That sucks, I'm sorry, welcome to homeownershit 🙃
1
u/info_swap Aug 01 '25
Thanks!
I also thought about that: Paying out of pocket or getting my own contractor.
So after 1-2 claims, what happens? Insurance companies ban the customer? Is there like a black list?
2
Aug 01 '25
Pretty much -- best case you get bumped to a Progressive or Geico, worst case you go to excess lines which can be Lloyd's or state last-resort insurance. Both are expensive. Insurance companies have insurance scores, very similar to credit scores. Higher risk customers pay a helluvalot more.
2
u/Previous-Beyond-9790 Jul 30 '25
Just tell them to file with their own insurance. Watch what you say in texts and emails. Be firm in telling them no.
1
u/info_swap Aug 01 '25
Thank you!
I am being very careful with my statements. I found the issue and fixed it right away.
When you say firm in telling them no. No to what? No to accepting liability? Or no to sharing my insurance information?
2
u/Previous-Beyond-9790 Aug 01 '25
No to all of the above. Don’t share anything with them. And don’t pay for damages.
1
u/info_swap Aug 01 '25
Thanks again!
I shared the bare minimum. Because the building already gave my basic contact information. And the building claims the leak came from my apartment. At least I showed proof that I fixed it. (Thus there is no negligence.)
If they ask for more, should I deny all liability and ask them to stop contacting me?
And what happens if their insurance contacts me or my insurance?
TLDR: Should I deny and ignore until I get sued or served? (Extreme case.)
2
u/Previous-Beyond-9790 Aug 01 '25
Ignore them until they decide to get a lawyer. You owe them nothing.
2
u/info_swap Aug 06 '25
Thanks again!
So I did give this person my insurance name and proof that I fixed the leak. And I hope it ends there.
Next time, I will follow your advice and refuse all contact.
PS: I worked in insurance long ago. I appreciate your help. Have a great day!
1
u/Surfnazi77 arbitration adjuster | 10 yrs exp Jul 29 '25
Damage and issue were there before you took ownership the neighbor probably failed already with a previous claim
1
u/Mobile-Astronaut-505 Jul 29 '25
Wait to see if she or her insurance sues. Then, pass the lawsuit onto your own insurance.
1
u/info_swap Jul 29 '25
Wait to get sued?
Are you sure?
Can someone else elaborate on this?
1
u/Mobile-Astronaut-505 Jul 29 '25
Your insurance will fight it. You know that your HVAC is the cause of the water damage but you’re not 100% sure that the damage occurred while you owned the property. Advise the other owner that you’re not liable since you didn’t own the HVAC at the time of the loss (damage). Suggest she file thru her own insurance or contact the building manager to see if they have the insurance info for the prior owner.
She may sue but that’s why you have insurance.
-1
u/info_swap Jul 29 '25
I mostly agree.
However, the onus is on me to prove that the damages started with the prior owner.
Honestly, I don't want to get sued!
2
u/Mobile-Astronaut-505 Jul 29 '25
No. The claimant always has burden of proof.
1
u/info_swap Jul 29 '25
Good point.
However, the building management "determined that the leak came from my apartment."
Most of the comments here are convincing me to NOT accept liability. Thank you!
1
u/Ok_Explorer_7483 Aug 26 '25
To maximize the claims of your insurance a property adjuster is needed. I hope all will be in your favor.
13
u/Boomer_Madness P&C Jul 29 '25
unless you were legally negligent, like you knew it was leaking and did nothing about it, you aren't responsible. Tell them to file with their own insurance.