Seeking Help with Neighbor’s Insurance
I know this might be a long shot, but I really need to ask for some advice.
Two years ago, our neighbor (we live in a rural area where our backyards are on a shared hillside) experienced a landslide. Since then, they haven’t taken any action to address the issue. We’ve even involved attorneys in this situation.
To protect our home—although ours wasn’t affected, it’s at risk in the future—we ended up spending about $300,000 on major repairs.
After much consideration, we’ve decided against pursuing a lawsuit. Engaging in a lengthy legal battle with someone who doesn’t have many assets would likely be more trouble than it’s worth for us. Additionally, our relationship with them is strained, and they’re not the most honest people. While our lawyer believes we’d probably win a lawsuit, the reality is that even if we did, we might never see a payout since there’s no criminal penalty for debt non-payment. It was an Act of God, but their negligence played a part, especially in terms of ignoring the ongoing issue.
Rather than suing, I’d like to explore the possibility of filing a claim with their insurance directly—without involving lawyers, as we’ve depleted our savings in this process.
Is it feasible for someone like me to pursue a claim against their insurance? My own insurance company advised me against getting them involved, as we live in a fire-prone area and could risk having our policy canceled.
Do I have any options for recouping some of our expenses through their insurance? Also, how can I find out who their insurance provider is? Is that information publicly available? Thank you!
I’m really sorry to hear about your situation. It sounds incredibly stressful and frustrating. While I’m not a legal expert, I can offer some general advice that may help you navigate this challenging situation.
Filing a Claim with the Neighbor’s Insurance: It’s not typical for a private individual to file a claim directly against someone else’s insurance without a formal legal process, but it might be worth reaching out to their insurance company. You would generally need to present clear evidence of the damages and your claims regarding their negligence contributing to the problem. It’s important to document everything and gather any relevant information or evidence regarding the landslide and your expenses.
Finding Their Insurance Carrier: There are a couple of avenues you might explore to find out your neighbor’s insurance carrier. One option is to ask them directly. While they may not be forthcoming, they might provide the information if approached politely. Another option is to check with your state’s insurance department, as they may have resources or be able to assist with finding out the insurance provider. You can also attempt to pull public records or check local government databases regarding property ownership, which sometimes list insurance details when filings are made, but this varies by location.
Consider a Mediation Approach: Since you’re apprehensive about a lawsuit, consider proposing mediation as a way to address the issue with your neighbors and potentially get them to engage with their insurance. Mediation can be less adversarial, which might help maintain some level of neighborly relations.
Consulting with a Legal Expert: While you mentioned that you’ve exhausted your savings, it may be worth consulting with a legal expert who specializes in insurance claims or property issues—even a brief consultation. Some lawyers offer free initial consultations, which might give you clarity on your rights and options without incurring significant costs.
Document Everything: Keep a thorough record of all communications, repairs, and anything related to the situation. This documentation can be helpful if you decide to pursue any claims, be it with insurance or through legal action in the future.
I wish you the best in resolving this. It’s a tough situation, but being proactive and exploring all options available to you can potentially lead you to a resolution.