Suing Your Neighbor?

Discussion in '2005 Archive' started by Mommyperson, Feb 8, 2005.

  1. Mommyperson

    Mommyperson
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    I'd like to pick your brain about a situation I've encountered and REALLY am at odds with.

    I own my home and have recently experienced severe problems with ground water.
    Porblems so servere the Health Dept was close to condemning my home.

    A neighbor let a well pipe go unrepaired for close to a year and although the leak was not devastating to my property at the time, it finally, this month ruptures sending such a large volumn of water onto my land that It crippled my septic system and finger system completely.

    I've gone to a lot of expense to correct the problem THINKING all along it was my ordeal.Then
    I found out it wasn't my problem at all,but I had to deal with someone else's neglect and got to reap damage to my home as a result.

    Now my question is,
    Is it right to sue the neighbor for restitution?
    I've spent out money I shouldn't have had to and I've had to buy, borrow and pay for services I'd otherwise not needed.

    My neighbor claims she is NOT liable for any damage since she did not know about a well pipe leak.I know she's lying.

    The Health Dept has on file, a report stating the leak is more than a day old and the sanitation dept also has on file that the leak was my undoing.

    Should I forgive this unecessary debt?
    OR
    Should I seek to get a fair and reasonable amount for a problem I didn't create?

    I've spoken with a lawyer, but I really don't know for sure if I like the idea of suing...Shouldn't God be the one to make right the wrongdoing?
     
  2. dianetavegia

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    Their home owners insurance will cover all the damage, repairs and anything else deemed necessary to repair your problems.

    You do NOT have to sue, just find out who their insurance is with and they'll help you. YOUR homeowners insurance manytimes will do this for you. [​IMG]

    Diane
     
  3. Deacon

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    Suing a neighbor will not be a good witness.
    You may never be able to speak to them again.

    Perhaps you can work through your home owners insurance and have them contact the insurer of the neighbors land.

    Rob
     
  4. just-want-peace

    just-want-peace
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    Much better to let the "pros" handle it. The ins. co can talk with each other far easier, calmly, and sensibly than you can with a high emotional involvement.
     
  5. menageriekeeper

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    The thing is if you sue her there will always be trouble between you. Bad neighbors are something we can all live without.

    Once you decide that you can live with a bad neighbor, then you can decide whether or not to sue.

    Right now, she isn't lying to you when she says she isn't liable, she is lying to herself. She is probably completely overwhelmed at the mess she finds herself in and just can't handle the thought of being liable for your problems as well.

    I agree with the others that her homeowners insurance should cover your expenses as well. You may need your lawyer to convince them though, since they will claim that every repair you made prior to the actual rupture was not the fault of the well leak.

    Good luck and God's peace.
     
  6. rlvaughn

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    Mommyperson, the scriptures are quite clear on whether Christians should sue other Christians (I Cor. 6:1-8)). Many people think they are less clear or don't address how to handle the similar situation involving non-Christians. Perhaps the best guide is the whole tenor of Paul's instruction to the Corinthians, especially in his first letter - consider how pressing for your rights will affect the gospel and your Christian witness (esp. I Cor. 8-10). Prefer the interest of the gospel over one's own rights and liberties.

    Here is another thread that might interest you: Should Christians sue other Christians
     
  7. Mommyperson

    Mommyperson
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    well I'd be a lot more considerate if she had reaped ANY damage it all..however, it all came to my property.

    Indiana ( my area) is not considered flood zone, so insurance for this area so it was not added to my policy...

    She doesnt HAVE any friendships..she claims she is a savvy business woman..she doesn't have time or the energy for friendships.

    Sad isn't it?
     
  8. rlvaughn

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    Perhaps God will open a door for you to become a friend to her. I will pray that God's blessing will be upon you in all this trouble.
     
  9. menageriekeeper

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    This isn't the type of flooding normally covered by flood insurance.

    You had a flood caused by the failure of a person to keep up their property properly. That is a regular homeowners issue just like if their hot water heater burst.

    This was not an act of God/nature which is what flood insurance is for.
     
  10. dianetavegia

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    Agree. Not FLOOD insurance but home owners insurance. If her tree fell on your fence, she'd have to pay. A ruptured well pipe that ruins your lawn, septic and a lot more... they'll have to pay BIG. Don't let this go. She's paid her home owners insurance all these years for things just like this.
     
  11. Mommyperson

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    Unfortunately Water that is forced at me by way of ground IS considered FLOODING and is covered as such in the home owners insurance policies.IF you have flood insurance..

    Just so you know..if you should ever reap damages like this, you better make sure you are covered.

    Water Damage coverage ONLY the homeowners property from incidents such as a burst water heater.

    What she has done to me is considered flooding..

    What she told her insurance agent in order to try to get out of doing what's right is another story. Lying to get out of it.

    The pictures I have speak volumns about the extreme negligence in maintaining her rental properties.
     
  12. Dina

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    Based on what you have said here, I would sue her, but then, that is me. I would at least consult an attorney. I'm thinking since she is a landlord, and this is a case of negligence you might be able to "force" her insurance to cover it.
     
  13. menageriekeeper

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    Oh, hey if she is not living on the property, I'd sue her in a minute!

    I only give extra consideration for neighbors who live close to me or are my siblings in Christ.
     
  14. dianetavegia

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    Under these circumstance, Yes. Sue her. If she has to sell her property to repair your property, so be it. She should have taken care of the problem before this happened and you have approached her for the repair costs to no avail.
     
  15. Debby in Philly

    Debby in Philly
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    My lawyer will not take a case between two people he knows to be believers, unless he sees that an attempt to do things biblically has been made, and failed.

    Between a believer and an unbeliever, he would go to court, and the only onus on the believer is to deal honestly and in civility.
     
  16. chipsgirl

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    Hey MP. I know all about Flood Insurance since what I do at work is look at maps to determine what flood zone a home is located in according to FEMA. Like Diane said, this is a home owners insurance issue. I am not sure who is telling you this is covered in flood insurance. Flood insurance is for natural flooding by natural causes.
    If the pipe is hers, and is not on your land then she should pay for the damages. Sadly, a majority of people will not take responsibility for their wrong doings. I am not one to sue, but would if I really couldn't afford the damages that were of no fault of my own. Let her know up front that if she isn't willing to pay damages then you will have no choice but to sue.
    What county are you in? I can look up and see what type of flood hazards are in your area and if flood insurance should have even been an option for you. I can even check your flood zone status if you PM me your address.
     
  17. chipsgirl

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    Oh and just one more thing. Most insurance companies will not allow you to purchase flood insurance if you home is above or between the 100-500 year flood area or if the area has undetermined flood hazards (meaning not mapped by FEMA).
     
  18. rlvaughn

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    MP, it's sounds like you may be able to rely on your insurance companies to resolve the problem. Or it may wind up that you weigh all the options and decide to sue. But please don't buy into the idea that you will have no choice but to sue. You always have a choice. Sometimes that choice means we suffer being wronged rather than pressing for our rights. Best wishes for your resolution of this matter.
     

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