On June 26, 2011, we discovered water in our basement (it was less than an inch in the front portion of our basement) & found out the next morning that the water came from our next door neighbor's house! She informed me that the hot water hose on her washer burst (she never closes her valves) so it had been leaking for approx. 10-12 hrs.! We needed to file a claim with our insurance company (as did she) & a company was sent to our home to dry out our basement. Of course, our insurance deductible of $500.00 was paid.
Upon contacting her insurance agent, I was advised that the rubber hoses on her washer were NEVER CHANGED in 10 yrs. (the age of the washer) & that the pictures taken by the claims adjustor showed that they were worn! I immediately advised my insurance company of this neglect...my neighbor does not close the cold/hot water valves after each use (we always do) & her basement does not have a drain in the floor (our basement has a drain so that helped with the water coming from our neighbor's house). I asked my insurance agent to proceed with litigation against the neighbor's insurance company. In the meantime, I was able to obtain information online indicating that the rubber washer hoses should be replaced at least every 5 yrs. & valves should be closed. I also made a trip to the local Sears & Kmart stores & discovered instructions on the packages regarding the number of years washer hoses should be replaced! This information was provided to our insurance agent in order to have the neighbor's insurance company reimburse us for our $500.00 deductible.
A few months later, we were advised by the neighbor's insurance agent that she was NOT FOUND TO BE NEGLECTFUL
regarding the breakage of the rubber washer hoses! We were stunned to say the least! We fought tooth & nail to prove she was neglectful!
Do you feel we would have some recourse taking her to Small Claims Court so that she would have to reimburse us from her own money? We truly feel that if she had replaced the rubber hoses at least once in 10 yrs., the water coming into our basement could have been prevented! She has also refused to have a drain put in her basement floor (her insurance agent advised us of that fact). We are unaware if she is presently closing the hot/cold water valves after using the washer.
We would appreciate any information you can give us regarding this situation.
Thank you for your attention in this matter.