Suing Your Neighbor?

Their home owners insurance will cover all the damage, repairs and anything else deemed necessary to repair your problems.

You do NOT have to sue, just find out who their insurance is with and they'll help you. YOUR homeowners insurance manytimes will do this for you.

Diane

 

Suing a neighbor will not be a good witness.
You may never be able to speak to them again.

Perhaps you can work through your home owners insurance and have them contact the insurer of the neighbors land.

Rob

 

Much better to let the "pros" handle it. The ins. co can talk with each other far easier, calmly, and sensibly than you can with a high emotional involvement.

 

The thing is if you sue her there will always be trouble between you. Bad neighbors are something we can all live without.

Once you decide that you can live with a bad neighbor, then you can decide whether or not to sue.

Right now, she isn't lying to you when she says she isn't liable, she is lying to herself. She is probably completely overwhelmed at the mess she finds herself in and just can't handle the thought of being liable for your problems as well.

I agree with the others that her homeowners insurance should cover your expenses as well. You may need your lawyer to convince them though, since they will claim that every repair you made prior to the actual rupture was not the fault of the well leak.

Good luck and God's peace.

 

Mommyperson, the scriptures are quite clear on whether Christians should sue other Christians (I Cor. 6:1-8)). Many people think they are less clear or don't address how to handle the similar situation involving non-Christians. Perhaps the best guide is the whole tenor of Paul's instruction to the Corinthians, especially in his first letter - consider how pressing for your rights will affect the gospel and your Christian witness (esp. I Cor. 8-10). Prefer the interest of the gospel over one's own rights and liberties.

Here is another thread that might interest you: Should Christians sue other Christians

 

Perhaps God will open a door for you to become a friend to her. I will pray that God's blessing will be upon you in all this trouble.

 

This isn't the type of flooding normally covered by flood insurance.

You had a flood caused by the failure of a person to keep up their property properly. That is a regular homeowners issue just like if their hot water heater burst.

This was not an act of God/nature which is what flood insurance is for.

 

Agree. Not FLOOD insurance but home owners insurance. If her tree fell on your fence, she'd have to pay. A ruptured well pipe that ruins your lawn, septic and a lot more... they'll have to pay BIG. Don't let this go. She's paid her home owners insurance all these years for things just like this.

 

Based on what you have said here, I would sue her, but then, that is me. I would at least consult an attorney. I'm thinking since she is a landlord, and this is a case of negligence you might be able to "force" her insurance to cover it.

 

Oh, hey if she is not living on the property, I'd sue her in a minute!

I only give extra consideration for neighbors who live close to me or are my siblings in Christ.

 

Under these circumstance, Yes. Sue her. If she has to sell her property to repair your property, so be it. She should have taken care of the problem before this happened and you have approached her for the repair costs to no avail.

 

My lawyer will not take a case between two people he knows to be believers, unless he sees that an attempt to do things biblically has been made, and failed.

Between a believer and an unbeliever, he would go to court, and the only onus on the believer is to deal honestly and in civility.

 

Hey MP. I know all about Flood Insurance since what I do at work is look at maps to determine what flood zone a home is located in according to FEMA. Like Diane said, this is a home owners insurance issue. I am not sure who is telling you this is covered in flood insurance. Flood insurance is for natural flooding by natural causes.
If the pipe is hers, and is not on your land then she should pay for the damages. Sadly, a majority of people will not take responsibility for their wrong doings. I am not one to sue, but would if I really couldn't afford the damages that were of no fault of my own. Let her know up front that if she isn't willing to pay damages then you will have no choice but to sue.
What county are you in? I can look up and see what type of flood hazards are in your area and if flood insurance should have even been an option for you. I can even check your flood zone status if you PM me your address.

 

Oh and just one more thing. Most insurance companies will not allow you to purchase flood insurance if you home is above or between the 100-500 year flood area or if the area has undetermined flood hazards (meaning not mapped by FEMA).

 

MP, it's sounds like you may be able to rely on your insurance companies to resolve the problem. Or it may wind up that you weigh all the options and decide to sue. But please don't buy into the idea that you will have no choice but to sue. You always have a choice. Sometimes that choice means we suffer being wronged rather than pressing for our rights. Best wishes for your resolution of this matter.