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Insurance claim help for condo

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  • Aug 8th, 2021 11:28 am
[OP]
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Feb 2, 2010
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Vancouver

Insurance claim help for condo

Hi All,

About two years ago our unit got water damage because of a unit above us. We made a claim with our insurance and strata and got covered for most of the damage. My insurance couldn't cover all our lost because we had some upgrades in our unit and didn't have enough betterments and improvements coverage. Our fault and learned our lessons. I didn't have enough coverage not just to save some money. The reason was I didn't know what it was.

Recently a lawyer contacted me and saying that they are representing me and my insurance company and suing the upstairs for the damages and the lawyer said that they can recover the part I paid from my pocket.

But the catch is that it's not guaranteed to win and if we lost, I have to cover lawyer's cost (sharing the cost with my insurance) which is open ended of course and initially about $8000 (my share would be $4000). My uncovered cost was about $10000

Anyone had such experience? Should I let them to represent me or stay away?
9 replies
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Nov 30, 2005
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North York
Well other than it'll be awkward between u and the tenant upstairs ..I would say gp for it.. hopefully people would be more respectful as lessons learnt ..


And also sue for pain and suffering too @)
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Dec 4, 2009
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Depends how much the out of pocket damages were.
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
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Oct 16, 2008
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Vaughan
OP

Lawyer contacted you or you contacted him/her? It’s fishy, usually doesn’t get charge up-front, only when the case is won.
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[OP]
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Feb 2, 2010
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Vancouver
MrDiscount wrote: Well other than it'll be awkward between u and the tenant upstairs ..I would say gp for it.. hopefully people would be more respectful as lessons learnt ..


And also sue for pain and suffering too @)
It's not just me. 17 floors got damaged. I don't know exactly how many units.

It's not their fault. Useless sprinklers. They cause much much more trouble compare to their use.
[OP]
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Toukolou wrote: Depends how much the out of pocket damages were.
About $10k and also my insurance will get money as well which is the amount they spent for this claim.
[OP]
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teoconca wrote: OP

Lawyer contacted you or you contacted him/her? It’s fishy, usually doesn’t get charge up-front, only when the case is won.
Lawyer contacted to me. I think this is a regular practice. Once all settled, the insurance company hires a lawyer and sues the people who cause the damage and recover their loss. Since they know I have some out of pocket expenses, they will include me in there. Probably the reason is that we will share the lawyer's cost.

As I said, so many units got damaged, I think all the units own insurance will eventually sue the unit caused the damage and their insurance will cover all if they have enough coverage.

As long as I know the regular practice for lawyer is to get percentage after wining the case. But in this case they keep accumulating their time and will charge at the end, doesn't matter we won or not. This is the part I don't understand. Who would take this risk and sue someone.
Last edited by fasacrifice on Aug 7th, 2021 12:14 pm, edited 1 time in total.
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Dec 4, 2009
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fasacrifice wrote: About $10k and also my insurance will get money as well which is the amount they spent for this claim.
Personally, I wouldn't roll the dice for that amount. If it was $50k, different story. But that's just me.

I also find it strange that the insurance company lawyer is including you in the claim.
"I'm a bit upset. I've been grab by the back without any alert and lubrification"
Lucky
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Mar 21, 2010
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Toronto
fasacrifice wrote: Lawyer contacted to me. I think this is a regular practice. Once all settled, the insurance company hires a lawyer and sues the people who cause the damage and recover their loss. Since they know I have some out of pocket expenses, they will include me in there. Probably the reason is that we will share the lawyer's cost.

As I said, so many units got damaged, I think all the units own insurance will eventually sue the unit caused the damage and their insurance will cover all if they have enough coverage.

As long as I know the regular practice for lawyer is to get percentage after wining the case. But in this case they keep accumulating their time and will charge at the end, doesn't matter we won or not. This is the part I don't understand. Who would take this risk and sue someone.
Sue the unit or sue the building/strata? Unless your condo bylaws state otherwise, it's not automatically the fault of the unit where the water came from, unless they are negligent. It would be very difficult to say that the unit owner was negligent if the damage came from a sprinkler, which they don't even control, unless they damaged the sprinkler or set it off by behaving unreasonably.

https://www.canadianunderwriter.ca/insu ... 004162150/

Personally, I'd be hesistant without further details.
[OP]
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Manatus wrote: Sue the unit or sue the building/strata? Unless your condo bylaws state otherwise, it's not automatically the fault of the unit where the water came from, unless they are negligent. It would be very difficult to say that the unit owner was negligent if the damage came from a sprinkler, which they don't even control, unless they damaged the sprinkler or set it off by behaving unreasonably.

https://www.canadianunderwriter.ca/insu ... 004162150/

Personally, I'd be hesistant without further details.
As long as I know, the lawyer suing the unit. Lawyer told me that some units already sued them and got a settlement. He said that our chances of wining is very high but not guaranteed of course and also no guarantee for the amount we could get.

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