Insurance Question???

Definitely file a claim immediately with your insurance company regardless of who is responsible. If you have a $1K deductible then that is what you'll most likely end up paying. If you get an increase in your premium next year you can shop around as many insurance carriers offer this type of insurance and will compete to get your business.

thanks NYCmodern. my neighbor is not responsible for my deductible?

Are you saying that your upstair neighbor caused the leak? (overflown tub/toilet/sink). If it's a leakage due to pipe burst from your neighbor's line/level, you are just pointing the finger at him, when in fact the pipe also belongs to you (the building). File the insurance claim with the building and have them pay for it, instead of filing with yours.

ba294. Yes. It is a heating radiator from the floor above that burst. Some floors have radiators and some dont. They are considered apt fitures not building fixtures.

I am pretty sure the building is liable for the repair bill of your unit.
Radiators are maintained by the unit owner, but the plumbing is (hot water through radiator) building's responsibility. If the unit owner has central unit and has not utilized the radiator, would it have caused the burst? Since your neighbor's insurance have denied your claim, file this with the building's insurance. If that comes back denied, send the denial letter to your neighbor's insurance and re-file the claim with them.

My understanding is that your insurance is not entitled to money from their insurance until you are made whole. So the first $1000 in proceeds that comes from your neighbor should come to you first.

Put another way, if the neighbor's insurance is willing to pay a claim to your insurance, then they should also be willing to pay you too, because the only right to money your insurance has are the rights you would have had acting on your own.

Easy strategy to force neighbor's insurance to pay is to sue the neighbor in small claims court. That approach may be considerably easier than dickering with people in some call center.

coop or condo?? makes a diff

coop.

Interestingly, I had a very similar experience in my newly renovated place. The overflow drain on the tub in the apartment above me was compromised and the tub would leak into my apartment when water went through the overflow drain. There was some debate among board members if this was considered the building responsibility or shareholder (this is a co-op). In the end, our bldg attorney determined this was outside of the wall even though it's entirely concealed by the tub. The shareholder paid to fix the leak.

For the damage to my apartment, I got very lucky. My contractor provided an estimate to scrape, plaster and repaint the damaged ceiling. After many months the neighbor agreed to file an insurance claim. Her provider didn't dispute it and agreed to cover my damages 100% without question. My deductible never came into question. My recommendation, alone the lines of what mucuk says, try to convince your neighbor to file a claim on their insurance. I was skeptical, but it worked for me and my provider paid nothing therefore my premium is not at risk for an increase as a result of filing a claim.

thanks earo!

Re: There was some debate among board members if this was considered the building responsibility or shareholder (this is a co-op). In the end, our bldg attorney determined this was outside of the wall even though it's entirely concealed by the tub.

But many pre-war coops will prevent you from pulling out the original tubs. It's "yours", but don't you dare f**k with it!

Surprised by the passivity of the approach you took. Why did you wait for the neighbor to graciously agree to file a claim? Approach there is to do the work and send the neighbor a demand letter. Neighbor has two choices: pay it himself or be sued by you.

If the neighbor poured water on your apartment, then your issue is with the neighbor. The neighbor will then get their insurer involved to protect himself. You are under no obligation to talk to their insurance company at all.

My two cents -- When my neighbor's contractors damaged my apartment, my insurance company paid me the damage less estimate. Yes, my rates when up -- in fact -- i was told it would be hard to change carriers with a recent claim.

so THREE years later, the subrogation claim (my insurance company versus the contractors insurance company) came to arbitration. I had well documented the damage and showed the missing p trap in the sink above that caused the issue. I won 100% of the claim. My insurer was reimbursed and I received back my deductible. My rates went up, but I was covered.

The advice listed in the comments above may or may not apply. Many coops and condos prohibit tenants from suing for damage. My friend lost property in a storage facility in her basement -- the building by-laws prohibit her from suing for damage.

Good luck.

If they took no loss in the end, they (should) retroactively reduce your premium to what it would have been without the loss.