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re: My neighbor's insurance is asking me for money
Posted on 2/11/17 at 8:51 pm to eelsuee
Posted on 2/11/17 at 8:51 pm to eelsuee
Typically, unless it was a known hazard and your neighbor had notified you in writing, it is considered an act of God for liability purposes. I'm not sure if Louisiana law is different, but years ago, I worked insurance claims in MS and TN.
This post was edited on 2/11/17 at 8:54 pm
0
Posted on 2/12/17 at 9:12 am to eelsuee
quote:
The other is I want to be sure they have no proof I have been contacted in case it goes to court, especially if the 365 day statute of limitations applies.
This is a bad plan for several reasons, not the least of which are (1) their sending you a letter via certified mail vs. regular mail has nothing to do with the statute of limitations, and (2) if they want proof that you've been contacted they'll just depose you and ask you "Mr. Doe, did you receive this letter, exhibit A, on or around February 10, 2017?" At which point your options are to say "yes, I did receive it" in which case your brilliant plan to play dumb falls apart, or to commit out-and-out perjury, which leads to a whole separate set of problems.
Posted on 2/12/17 at 10:20 pm to eelsuee
Tell them it was an act of God and to go $&@? themselves.
Posted on 2/14/17 at 9:58 am to eelsuee
You can put your head in the sand and hope it goes away, but you are risking a denial of coverage by your homeowners insurer if you do not timely notify it of the claim by your neighbor's insurer.
Posted on 2/14/17 at 11:31 am to vistajay
They don't have a valid claim, though. They are just fishing. I would call them and acknowledge the letter but let them know that you are declining to give them your policy information because you are not responsible for an act of God. The burden of proof for neglect is pretty high, and it is on them.
Posted on 2/15/17 at 12:18 pm to Mr.Perfect
quote:
Don't listen to the "don't do shite" comments. Nothing ever comes from that.
The honest answer is to call your insurance carrier and tell them what's happening. Because ultimately they would pay on your behalf. Since they have the checkbook and owe you legal defense, they will look into it and tell the other carrier to pound sand.
ETA. Seriously, this is a tiny little nothing non issue and it can only turn bad.
All of this.
You're carrier will either decline to pay the other carrier - who likely won't press the issue since the amount is pretty small by carrier standards - or they'll agree to pay part of the damages. If your carrier does the decline to pay and the other carrier seeks legal remedy then it is your carrier's problem and they have the legal resources to deal with it. This is why you have insurance.
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