Who is responsible for my personal property damage and how do I make them pay
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Who is responsible for my personal property damage and how do I make them pay
I had a kitchen fire in my his apartment which I pay renters insurance. Due to the painting and repairs needed, I had to rent a storage building unit to store my belongings. Upon checking on my belongings a couple of days after moving them to unit, I discovered my unit was flooded. It appeared to be coming from the roof. I took pics and notified storage property manager who gave us another unit to move to, however it too flooded and after moving all personal property to third unit, belongings are now growing mold and most of my electronics ruined. The property manager giving me the runaround and the insurance company is giving me the runaround. How do I get some to pay me for the coverage that is suppose to be given?
Asked on July 14, 2017 under Insurance Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your renter's insurance probably does not cover your items while they are stored away from your unit: you can and should check the terms of your policy to be sure, but most likely, the renter's insurance only covers damage done at the name location (i.e. at your apartment). The insurance policy is a contract, and the insurer only needs to provide the coverage listed in the policy.
The storage facility, however, would be liable if your items were damaged due to their negligence, or unreasonable carelessness, in not maintaining their building (i.e. in allowing evidently common or persistent leaks). You can sue the storage facility for the damage they caused, through their negligence, to your belongings. You can sue them for the current (as of the time they were damaged) value of those items. Depending on the value, suing in small claims court, as your own attorney or "pro se" to avoid legal fees, may be a very good options. (And a fast option, too: small claims court is quicker than other courts.)
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