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Old 10-26-2015, 12:39 PM
 
19 posts, read 10,645 times
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I spoke with the neighbor 2 weeks ago. She says she ordered a whole new bathtub assembly which would take 2 to 3 weeks to arrive. (Still waiting as of today.)

She seemed nice enough and said she would fix the tub (leak) and also talk to her insurance company to cover my ceiling repairs. I am not naÔve to believe that it’s all good now. But I am cautiously optimistic (e.g. she could have been nasty about it but she wasn’t).

Will see what happens. Thank you for all your advice.
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Old 10-26-2015, 12:50 PM
 
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do not be surprised if regardless of what she thinks, her insurer deny's your claim . thy generally will not cover the claim of others unless their insured was negligent . her saying it and the insurer actually covering something that was not based on negligence are 2 different things
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Old 10-26-2015, 03:51 PM
 
Location: Manhattan
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Well negligence certainly comes into play when the upstairs neighbor runs water into what she knows is her cracked bathtub.
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Old 10-26-2015, 04:14 PM
 
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could be , but the insurers will determine who's responsibility it is . if she notified the building and they did nothing she may not be the issue .
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Old 10-27-2015, 05:50 PM
 
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Good luck - keep us posted.
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Old 10-27-2015, 08:02 PM
 
Location: Blue Ridge
20,899 posts, read 22,704,664 times
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Quote:
Originally Posted by blueskies888 View Post
I spoke with the neighbor 2 weeks ago. She says she ordered a whole new bathtub assembly which would take 2 to 3 weeks to arrive. (Still waiting as of today.)

She seemed nice enough and said she would fix the tub (leak) and also talk to her insurance company to cover my ceiling repairs. I am not naÔve to believe that itís all good now. But I am cautiously optimistic (e.g. she could have been nasty about it but she wasnít).

Will see what happens. Thank you for all your advice.
Take photos ASAP.

Get the Insurance information from your neighbor and call them to verify that there is actually a claim and get that claim number. Keep in mind that if you have to go through your insurance company then you will have to pay your deductible.


sidenote: If the super was able to place tape on the tub or its connection to the floor and stop the leak, then this is not a in the wall problem and thus not a co-op problem.
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Old 10-28-2015, 03:33 AM
 
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not true , the water pipe that feeds the sink outside the wall in my son's co-op rotted out from the inside flooding two floors below .

when his insurer said there was no negligence and it is a building installed fixture the two owners sued . both were told by the judge these are co-op issues and there is no recovery from my son because there was no negligence .
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Old 10-28-2015, 04:13 AM
 
Location: Blue Ridge
20,899 posts, read 22,704,664 times
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Quote:
Originally Posted by mathjak107 View Post
not true , the water pipe that feeds the sink outside the wall in my son's co-op rotted out from the inside flooding two floors below .

when his insurer said there was no negligence and it is a building installed fixture the two owners sued . both were told by the judge these are co-op issues and there is no recovery from my son because there was no negligence .

Totally different situation. There was probably no tap at the wall to bring the sink up to current code. No tap, no cut off valve to shut off if pipe burst/corroded. Thus a co-op issue.
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Old 10-28-2015, 08:05 AM
 
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judges ruling was since everything was original and unchanged by him it was a building issue not his issue even though the sink is external . they had a valve but weren't home .
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Old 11-10-2015, 02:15 PM
 
19 posts, read 10,645 times
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Well it's now a month later since the neighbor said she ordered a new tub assembly. I checked with her over the weekend and she still hasn't received it. About insurance, although our initial talk was pleasant, I really didn't expect it to go smoothly as in her insurance easily gives me a check to hire a contractor.

I spoke to my insurance, and they would only allow for a paint job without even looking at my photos of the damage (I offered but the adjuster declined to look at them), which would not exceed my deductible so I would be paying for it. Neighbor says her insurance company wants the building to take responsibility but good luck with that.

So I expect quite a drawn out headache coming up.

The building is so old (1960s). My friend, who lives on the same floor as I, told me today her downstairs neighbor complained about a leak. Also bathtub...
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