How do you file a claim for damage done to your property by someone else's contractor?

Question

For example, if a plumbing contractor working for an uphill neighbor knocked something out in a pipe causing sewage to come down onto your property?

Do you file with your own insurance company? Or do you have to file suit againts the neighbor and his contractor?

Answer 1

If the contract was working as an agent of the owner of the land, you can submit your damages to that owner.  It will be up to him to collect from his contractor, usually by withholding part of any payment.   The owner my also elect to submit the claim to HIS insurance company.

OR you can simply sue them both and let the court sort out the blame and liability.  BUT in most states before you can sue you must first present them with a demand for payment.

As an ultimate choice you can turn the matter over to your insurance company who will do the steps above, but who might also raise your premium next time around.

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Answer 2

1) Get the contractor's insurance information

2) You would contact your insurer to file a claim and provide them with the contractor's insurance information.

Your insurer would subrogate the claim to the contractor's insurance.  You would work with your insurer to repair any damage to your home/property.  Your insurance would cover your property.  All costs for the claim should be paid for by the contractor's insurance (if they admit fault).

Answer 3

You cannot file a claim directly with another party's insurer.  Contact your insurance and let them pursue recovery.

Answer 4

You file with your own insurance company, and let them try to collect from the plumber - IF it's even covered.  Water running downhill is FLOOD, and excluded under the standard homeowners.  Sewage running downhill is likely to ALSO be excluded.    

Filing suits is fine, but you'll have to pay your lawyer up front, as "accidents" aren't going to go in your favor, only deliberate negligence, which, of course, you'll have to PROVE.