Considering a Claim Against Our Neighbor’s Insurance
I know this might be a long shot, but I want to reach out for advice.
Two years ago, our neighbor experienced a landslide in their backyard. Since then, they haven’t taken any action regarding the situation. We’ve involved lawyers, as we live in a rural area where our properties are closely situated on a hillside.
To protect our home—which thankfully wasn’t damaged by the landslide but is at risk in the future—we’ve had to invest $300k in major repairs.
After careful consideration, we’ve decided against pursuing a lawsuit. Going to court could take years and cost us significantly more, especially since our neighbors don’t have substantial assets and our relationship with them is strained. Although our lawyer believes we would likely win the case, the reality is that winning doesn’t guarantee that we’d actually receive compensation. While the landslide was an Act of God, their negligence and failure to address the situation played a role as well.
Though we’re not looking to sue, I’d like to explore the possibility of filing a claim with their insurance, but without involving lawyers. Our finances are drained, and I’m wary of incurring more costs.
Can an individual like me file a claim against someone else’s insurance? My insurance company suggested not involving them because we live in a fire-prone area and that could jeopardize our policy.
Is there any way for me to seek reimbursement for our expenses through their insurance?
Also, how can I find out who their insurance provider is? Is this information publicly available?
It sounds like you’re in a very challenging situation, and I understand your desire to explore every possible avenue for recouping your expenses. Here are some potential steps you might consider:
Contact their Insurance Company Directly: You can certainly attempt to file a claim against their insurance without a lawyer, but it can be challenging. Typically, you would need to prove that their negligence contributed to your damages. Gather all documentation, including photos of the landslide, any reports from engineers or inspectors, and evidence of the expenses you incurred to fix your property.
Find Their Insurance Information: Finding out who your neighbor’s insurance carrier is can be tricky. In some states, there’s a public record of insurance claims that can provide some information, but it often requires a legal claim or proceeding to access these records. You might also consider asking your neighbors directly, although given your strained relationship, this could be difficult.
Seek Advice from a Consumer Advocate: There are organizations and consumer advocates that specialize in dealing with insurance claims. They might provide you with additional resources or guidance on how to approach the situation without incurring significant costs.
Explore Mediation: If you haven’t already, consider mediation as an option. It can be a less adversarial way to resolve disputes and may lead to a more amicable solution, potentially allowing you to discuss the possibility of insurance coverage more directly.
File a Complaint: If you believe their negligence is egregious, consider filing a complaint with your state’s Department of Insurance. While it may not lead to direct financial compensation, it might prompt an investigation into their practices.
Document Everything: Make sure to keep meticulous records of everything related to the landslide, your communications with your neighbor, and any expenses incurred. This documentation will be useful if you do manage to navigate the insurance claim process successfully.
Consult with a Professional for Free: Some lawyers offer free consultations. While you’ve mentioned that you want to avoid legal fees, it might be worth talking to an attorney one last time to get specific advice on how to approach this situation based on your local laws and circumstances.
It’s understandable that you want to avoid further legal battles, but pursuing the insurance route could still be an option worth exploring. Good luck, and I hope you find a resolution that works for you.