When the flooding or water damaged apartment is caused, for example, damage to the hose draining the water from the washing machine upstairs, he will be responsible for the damage, because the owner is responsible for the maintenance and repair of worn elements of horizontal installations and equipment on the premises of his premises. Don’t worry if your neighbour refuses to let you in. The stain on the ceiling in the kitchen should be enough proof of the neighbour’s responsibility in advance for the flooding.
However, if the source of the failure is, for example, in the plumbing risers, the building administration or the housing cooperative (community) will be responsible for the flooding or water damaged apartment, because it is their responsibility to keep the risers in good technical condition. Also, when your apartment is flooded due to leaky gutters or a leaking roof, the fault will lie with the property manager or cooperative (community).
When it is impossible to determine anyone’s fault for flooding or it will result from the so-called force majeure (e.g. a lightning strike), you will have to renovate the apartment from your own funds or from your own home insurance, if you have one, and the policy covers the risk of flooding.
Flooding the flat – water damaged assessment
Your tasks will also include helping the insurer to estimate the amount of damage caused by the flooding. Look for any bills, receipts, warranty cards related to damaged or damaged items. Photographs and recordings (e.g. a movie from a family celebration) showing the condition of the apartment’s furnishings may also serve as evidence.
Also, make a detailed quote for the renovation of the apartment. Don’t do it by eye. Check on the Internet the current prices of materials and hourly rates of specialists, because it may turn out that they differ significantly from your expectations. It is also advantageous to hire a renovation and construction company that will precisely define the costs of renovation in the flooded premises. You will be able to attach the cost estimate to the protocol.
Damage repair and compensation
The further course of events depends mainly on the perpetrator assuming responsibility and the fact that he or you have insurance.
The perpetrator admits to flooding
It will be easiest if the perpetrator (neighbour, building administration, cooperative or community) confirms his guilt and agrees to repair the damage caused by the flooding. Can do so in several different ways. It does not necessarily have to be a withdrawal of money. The culprit may, for example, hire a renovation team or even repair any faults himself, but remember that it is up to you to decide how to restore the apartment to its pre-flood condition. Most often, victims choose financial compensation because it is a simple and quick form of mitigating the conflict related to the resulting damage. However, it is not always that simple.
If your neighbour has private third party liability insurance which covers the risk of flooding the flat on the lower floor, you can apply for compensation directly to his insurer (you have 3 days to do so). You just need to ask your neighbour to provide you with the necessary data: the name of the insurance company and the number of the policy purchased. When reporting a damage, ask what documents you will need to prepare. The perpetrator can also report the entire incident to his insurer. If you choose such a solution, make sure that it actually happens.
Insurance for water damage
Since private liability insurance is voluntary, it is very likely that your neighbour will not have such a policy. However, if you have insured your apartment against flooding, you can apply to your insurance company. Provide him with basic information about the perpetrator of the flooding: address and name and surname (or the name of the cooperative or property management company – if it is the perpetrator).
After reporting the flooding to the insurer (the perpetrator or yours), be prepared for a visit by an appraiser (claim adjuster), who should appear within a few days. The specialist will determine the causes, scope and value of the damage caused by flooding your apartment. You should get compensation within 30 days from the date of reporting the damage to the insurer. However, the condition for meeting this deadline is the final determination of the perpetrator’s liability and the amount of compensation. In the event that the money comes from your insurer, the perpetrator will have to return this amount to him.
Remember that you cannot report the damage to your insurer and the perpetrator’s insurer at the same time and expect that you will receive compensation from both companies for the same damage.
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