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  1. #1
    Join Date
    Sep 2013
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    2

    Default Delay in Repairing Water Damage Allowed Mold to Grow

    My question involves a condominium located in the State of: California

    Hello,

    We had a water leak caused by an improper hookup of washing machine lines by delivery people. The leak unfortunately spread to our neighbors second floor and first floor. We pleaded with the neighbor to get it fixed immediately so the water would not saturate and cause further damage. She instead waited over a month to fix it, claiming she was waiting for the delivery company to fix and that she didn't want to claim a flood damage to her insurance company as she had several in the past and didn't want to effect her rates (made no sense).

    Because she waited so long, mold developed in the effected areas. My question is how negligent is this neighbor, and would we have any legal recourse since now if we sell our condo, we need to disclose the flood and the fact that mold was a product of it?

    Thank you, any help would be greatly appreciated

  2. #2
    Join Date
    Sep 2005
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    Default Re: Delay in Repairing Water Damage Increased Cost of Repair

    Okay... An improperly installed washer in your unit caused flooding in your neighbor's unit. Your neighbor chose to contact the company that installed the washer to try to get them to perform the repair, because she didn't want to make an insurance claim. Then what happened?

    If the delivery company fixed it, why is this an issue for you?

    Is your only concern at this point that you will have to disclose mold if you sell your unit?

  3. #3
    Join Date
    Sep 2013
    Posts
    2

    Default Re: Delay in Repairing Water Damage Increased Cost of Repair

    My apologies for not providing specific details.

    The delivery company sent out an adjuster and came up with an amount to fix the neighbor's damages for $3,600. The neighbor (probably seeing dollar signs) disputed the number and eventually filed a claim with her insurance company. Because she waited so long, there was the need for mold remediation, which brought her bill over $10,000 (we ar waiting for all her receipts). The delivery company's insurance has since rejected the neighbor's insurance claim (we are not sure why, probably because she did not accept the adjusters numbers and waited to fix, causing more damage). The neighbors insurance company is now preparing a demand letter against us for the damages since the flood originated in our condo.

    We unfortunately did not have insurance at the time, therefore had to pay our damages of $2,500 out of pocket and now are facing a $10,000 demand from the neighbor's insurance company.
    One question we have is based on the total amount, should we seek a lawyer to defend us, knowing that lawyer fees can easily exceed the total $12,500 of costs, or should we take this case to small claims should the delivery company completely refuse the neighbors claim (they offered to pay for most of our stuff pending we sign a legal document releasing them from any lawsuits..we did not sign because of the neighbors pending insurance claim).

    Also, can we simply argue with the neighbor's insurance company that she was negligent for all costs above $3,600? If so, can we do this without getting a lawyer involved? The fact that there is mold and we have to disclose is really a secondary question, the main issue is do we have an argument for her negligence?

    Thank you for your reply and for any more advise on this.

  4. #4
    Join Date
    Jun 2010
    Posts
    179

    Default Re: Delay in Repairing Water Damage Increased Cost of Repair

    It would depend on the judge. Everything in small claims depends on the judge. If I were the judge, yes you have an argument for her negligence. Water damage fixed right away costs a fraction of the cost than if you wait. At least with our vendor but see comment below about water restoration vendors.

    I would explain all this to the insurance company after you receive the demand letter. Have dates about when you requested that she fixes it and when it was actually fixed. Also go through her bills when you get them and figure what would have been charged anyway and what is a result of her waiting a month. Water restoration bills are usually very detailed as far as itemization goes. Maybe even contact the company that did the restoration and ask them to give you a written estimate of how much restoration would have cost if it were done within a couple of days of the incident. This could be a hit or miss though depending on the restoration vendor. Some rip apart as much as they can so they can charge as much as they can. Thus depending on vendor, they could give you similar cost estimate even if it were fixed only couple days after.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Delay in Repairing Water Damage Increased Cost of Repair

    If you sue the delivery company for the damage, keep in mind that you are anticipating damages that will exceed the jurisdictional limit of small claims court.

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