Water damage to lower unit - owner not responding

[gwill1010]

Jurisdiction

Alabama

Nine months ago my HVAC unit caused water damage to the unit below mine. Months and months of damage. He notified me, I hired ongoing HVAC service, addressed the flow of water. My insurance company contacted him and they never heard from him. The damage is at least $5K I think. Dry wall damage, HVAC return fell out of the ceiling, ect. At what point is this not my problem? What should I do?

 

[adjusterjack]

It isn't your problem now and hasn't really been your problem since the beginning.

You are only liable for the downstairs damage if you were negligent. A malfunctioning HVAC is unknowable until it happens so you aren't negligent.

It's possible that the downstairs owner has his own insurance working to pay for the repairs.

All you can do, if you want to, is keep in touch with the claim rep at your insurance company for updates.

Beyond that, don't lose any sleep over it.

 

[Zigner]

Save any documentation, records, etc. If you DO hear from him in the future, let your insurance company know (the one you had at the time the damage was caused).

 

[gwill1010]

It isn't your problem now and hasn't really been your problem since the beginning.

You are only liable for the downstairs damage if you were negligent. A malfunctioning HVAC is unknowable until it happens so you aren't negligent.

It's possible that the downstairs owner has his own insurance working to pay for the repairs.

All you can do, if you want to, is keep in touch with the claim rep at your insurance company for updates.

Beyond that, don't lose any sleep over it.

Thanks a bunch. Agreed, I was not negligent. The HVAC is in the storage area adjacent to the entrance door(like my unit). I peeked inside today. The return air has fallen out of the ceiling. Units are renting for $1200 a month. Crazy this guy is not taking care of business. Strange.

 

[gwill1010]

Legally, you may be off the hook after taking reasonable steps. Here's what to do:

Document everything: Get repair receipts & proof of contacting the neighbor.
Contact your insurer again: Explain neighbor's lack of response.
Consider filing a lawsuit: If insurance won't cover everything, consult a lawyer (might be covered under homeowner's insurance).
Statute of limitations apply: Deadlines to sue vary by state, so act soon.

I think you misread. I did the damage.

 

[justblue]

I think you misread. I did the damage.

Ignore Flora. They are likely a spam-seeder troll.

 

[zddoodah]

Nine months ago my HVAC unit caused water damage to the unit below mine.

What sort of "units" are we talking about here? Apartments? Condos? Something else? If these are condos, then the CC&Rs (and any other such agreements) may be relevant).

Months and months of damage. He notified me, I hired ongoing HVAC service

What exactly is the timeline here? When did the damage first occur? When did your neighbor notify you? When did you hire the HVAC service company? When did you report the matter to your insurer?

At what point is this not my problem? What should I do?

It's not your problem when the statute of limitations expires and no lawsuit has been filed. However, as long as you timely reported the matter to your insurer (and assuming your insurance covers this), you should not have any exposure beyond your insurance coverage. I agree with the suggestion that you should keep in semi-regular contact with the adjuster at your insurer.