When a pipe bursts upstairs in a two- or three-decker, who pays depends on who owns what. In a rental owned by one landlord, the owner's policy usually covers the building and each tenant's renters policy covers their own belongings. Between condo owners or separate owners, it depends on where the leak started and whether someone was negligent, and insurers often sort that out after paying their own customer. Water coming down now? Call (413) 603-1274.
Three common situations in Chicopee
- One owner, tenants on each floor: the building, including every ceiling and wall, is the owner's. Tenants' belongings fall under renters insurance. A tenant who caused the burst may be liable.
- Owner lives on one floor, rents the others: same as above, and the owner's own belongings are on their homeowners policy.
- Condo conversion with separate owners: each owner's unit policy covers their interior and belongings, the association's master policy covers common elements, and the responsible owner's insurer may end up paying. See condo water damage.
General information, not legal advice.
What everyone should do first
- Stop the water at the unit or building valve.
- Check every floor below for water.
- Photograph the source and every affected unit.
- Report to your own insurer, even if you think someone else is at fault.
- Get drying started in all affected units: (413) 603-1274.
Subrogation, in plain words
Often your insurer pays your claim and then goes after the responsible party's insurer to get its money back. That is called subrogation. It means you do not have to win the argument yourself to get your home fixed.
Talk to your neighbor first
Water from upstairs often turns neighbors against each other. It does not have to. Most of the time, no one did anything wrong: a pipe froze, a hose burst. Exchange insurance information calmly, take photos of both units with permission, and let the insurers sort out responsibility. If the leak keeps coming from the same unit, put your concerns in writing to the owner or the association.
In a two-family where the owner lives downstairs
Many Chicopee owners live in one unit and rent the other. When the tenant's unit floods the owner's, the owner's building policy usually covers the building on both floors, and the tenant's renters policy covers the tenant's things. If the owner thinks the tenant caused it, the insurer may look at the tenant's liability coverage.
What to photograph
- The source in the upstairs unit, if you are allowed in
- The ceiling and walls in your unit, wide and close
- Your damaged belongings
- Water on the floor and any buckets you set out
Dated photos from both units make it far easier for insurers to settle quickly. Share them with your neighbor too. Keep the originals.
Questions
My upstairs neighbor says to claim on my own policy. Is that right?
Often that is the fastest path. Your insurer can recover from theirs if they were at fault. See renters insurance and HO-6 coverage.
Who arranges the drying?
In a rental, the owner. In condos, each owner for their unit, with the association for common areas. We can coordinate all units in one job. See apartment water damage.
Water coming from upstairs? Call now
Call (413) 603-1274 now. Locally owned in Chicopee.