so...the insurance company will not pay for the damage at our condo. it's the insurance company for the upstairs neighbor. they're claiming that since it wasn't negligence, that they aren't responsible. it is such common, stupid law that i could seriosuly just scream thinking about it. (background: upstairs neighbor's air conditioner leaked into our unit causing damage).
i even had my dad take over...he's an attorney. now HE is frustrated bc there isn't even case law this is so simple. now we're going to have to take the guy to small claims court and go in front of a judge to get him to pay. the problem...my dad's working for free (and not happy about it) and now we have to pay out of pocket to fix the place.
i can't believe insurance companies can do this. i'm looking into whether this might qualify as a bad faith claim (where insurers intentionally don't pay claims to just get out of it) so my dad's attorney fees can be recouped. this is a true crime. i'm beyond frustrated.
Re: beyond frustrated
Honestly I of course don't know much about law (so glad your dad is an attorney) but to me that seems illegal. What is the point of having insurance if you can't file claims?
If you live in a condo the insurance co new what they were signing up for when they took them on as customers. Their conditioner leaked and caused damaged to your home...so they should fix it. I mean I don't get that at all.
That's like someone hitting me it being their fault, them having insurance and their insurance co saying "well um no it was your car so you have to pay for it to be fixed." ummm no they did the damage whether it was intentional or not.
I really hope you don't have to end up going to small claims. Maybe once your dad files they'll know you're not going away and will settle??
Good Luck