Damage to your home or health
When someone else damaged your home
The crack in the wall wasn't there before the building next door started going up. The fire started in the neighbor's garage and took your porch with it. The pipe upstairs burst and nobody shut off the water. Damage like this is disruptive and expensive.
Your own insurance and a claim against whoever caused the damage are two separate tracks, and they often run side by side.
Your insurance, and the person who caused it
Report the damage to your own insurer promptly; most policies require it. If your insurer pays, it may then go after whoever caused the damage. That's called subrogation: the insurer steps into your shoes to recover what it paid.
Insurance rarely covers everything. Your deductible, excluded losses and the cost of living elsewhere during repairs may be things you can seek from whoever is responsible, depending on the state and the facts.
The kinds of damage people ask about
Property cases come in many shapes. Some of the most common:
- Construction, excavation or demolition next door that cracks walls, shifts foundations or floods basements. Some places have specific rules protecting neighbors during building work.
- Water from another apartment, a neighboring property or a broken main.
- Fire that started elsewhere and spread.
- A utility's equipment or work that caused a fire, a flood or other damage.
- A contractor whose work damaged other parts of your home.
Protect the evidence before repairs
Make the property safe first. Then, before permanent repairs, take dated photos and video of everything, keep damaged materials if you reasonably can, and get written repair estimates. If the cause is disputed, an independent engineer's or inspector's report made before the repairs can be worth a great deal later.
Be wary of letting the other side's contractor fix things before anyone records what was there.
When the other side is a public body or a utility
If a city water main broke, a public works crew did the digging, or a utility's equipment caused the fire, special rules can apply, including formal written notice within a short time. Say so clearly when you tell us what happened.
What helps to have ready
- Photos or video of the property from before the damage, if you have any, and from after.
- Any engineer, inspector or insurance adjuster report.
- Written repair estimates and paid invoices.
- Letters, emails or texts to or from the neighbor, builder or contractor.
- Your insurance policy and every letter about the claim.
- What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.
Where we fit in
A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.
Questions people ask
The builder next door says their insurance will take care of it. Should I wait?
Get it in writing, including the insurer's name and a claim number, and keep documenting. Promises made on the sidewalk are easy to forget, and waiting can let a time limit run.
Can I recover more than the cost of repairs?
Sometimes other losses count, such as damaged belongings or the cost of staying elsewhere during repairs. It depends on the state and the facts.
My contractor caused the damage. Is this a consumer problem instead?
It can be both. Poor or unfinished work is often a contract dispute. If it damaged other parts of your home or broke building rules, there may be more. Send it here, and the lawyer who looks at your case will sort out the route.
This may also apply
- Home and business insurance claims
If your own insurer is refusing to pay, or paying less than the policy promises.
- Credit, debt collectors and scams
If a contractor took your money and didn't finish the job.
More about damage to your home or health
This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.