Insurance payments for inconvienence

tracul used Ask the Experts™
Our condo dining room was flooded by the upstairs condo and their insurance company is paying for the repair which is taking 3 weeks. Are they responsible for our inconvenience, suffering or meals out?
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Datacenter platform engineer Lindows
Yes, they are responsible for all damage caused. So if you are unable to cook they should compensate that (there Will be a max fee to avoid to eating lobster every day).

About discomfort you should ask yourself, is this called damage? Mostly i think not.
Example, suppose your childrens bedroom is moisted and wet so the kids sleep in your room, it is discomfort but no damage.

Dr. KlahnPrincipal Software Engineer
Best thing to do is call your insurance agent (better would be to visit them in person so they know you mean business), and ask for specifics of what is covered under your policy, what the deductible is, and what proof must be provided.
>>> "Our condo dining room was flooded by the upstairs condo and their insurance company is paying for the repair" <<<

How did you initiate the claim?

Did you start the claim through your own insurance, and they are claiming the upstairs neighbour's insurance?
Did you get the details of the neighbour's insurance policy and make a claim directly with that insurance company?
Has your neighbour submitted a claim to his/her own insurance company and detailed your property as having been affected?

It would be impossible for any of us to guess whether or not you will be covered for eating out, cleanup costs, alternative accommodation during depairs, etc, unless we were able to actually read the inclusions, exclusions, level of compensation, and all other clauses on the relevant insurance policy.

Be aware that in many countries even contacting your own insurance company about the damage, even if you are not claiming through them (for example claiming directly through the neighbour's insurance) may be logged as a "claim" that you would have to declare if changing or renewing insurance.  Yes it is unfair.

If I was dealing with this issue I would probably go through my own insurance rather than trying to make a claim with the neighbour's insurance company.  Where fault would be shown to be that of the neighbour, my own insurance company would intimate a claim on the neighbour's incurance and (seeing as I also pay for legal cover in the insurance premium) I would push to recover any applicable excess (deductible) that I had to pay up front.

The main reason that I would claim through my own insurance is that it would be easier to make sure that the repair work was completed to a satisfactory standard.  It is much harder to ensure this type of thing when you are the 3rd-party making a claim on somebody else's insurance, and their insurance is trying to trim down costs of the payout.

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