Water damage caused by neighbors
December 1, 2009 | 30,00 EUR | answered by Andreas Scholz
Dear Sir or Madam,
due to a crack in our neighbor's washing machine drum, there was a water damage in our basement. My music system has suffered damage amounting to approximately €200. The membranes of some speaker drivers have become moist and defective. The water damage was not reported by our neighbor, but was only discovered by us by chance several hours later. The damage could have likely been avoided if it had been reported earlier.
The neighbor's insurance refuses compensation, as they do not see any responsibility on the part of their policyholder. The policyholder would not have expected any damage in our basement (which is directly above theirs). Additionally, I am required to provide evidence that there would have been no damage if the neighbor had informed me immediately.
After several exchanges of letters between myself and DEVK, I am now turning to you for help. Is the insurance obligated to cover the damage and are they just trying to avoid paying? Is it worth continuing to insist on compensation and possibly taking legal action if necessary?
Sincerely,
Sebastian Geese
Dear inquirer,
A claim for damages under § 823 of the German Civil Code is not excluded.
The neighbor is liable for the damage to you if he has violated his duty of care. For example, when operating washing machines, the owner is required to be in the apartment during operation and to regularly check the functionality of the machine.
The insurance company claims that the policyholder is not liable because he is not responsible. From this, I infer that the insurance company claims that the policyholder is not at fault. Whether there is fault is determined by the above-mentioned principles of care. I cannot judge from here whether the policyholder has fulfilled these principles. However, the burden of proof for careful behavior lies with the policyholder. For example, it would be relevant in your case why you were not informed of the damage sooner.
In conclusion, the chances of success in further legal action depend on whether the policyholder can prove that he behaved carefully. For example, if he was not at home when the machine leaked, he is generally liable. However, if the damage to the machine would have occurred even with the policyholder's careful behavior, then he is not liable because he is not at fault. Based on your description, I recommend you to leave the correspondence to a lawyer who will review the information provided so far. Only then can a reliable assessment of the chances of success in your case be made.
I hope this information is helpful to you. If you have any questions, feel free to ask.
Best regards,
Andreas Scholz, Esq.
