Homeowners Insurance: The same floor got damaged twice

[Angrybird212]

We live in NY.
2 years ago, the neighbor above our condo unit caused a leak and the floor got damaged. The unit is being rented to a young couple.
We filed a claim directly with the neighbor's insurance company.
The insurance company paid for the full floor replacement (ACV). We signed a release form and received a check.
Our tenant said they could live with the damage and didn't want to go through the construction hustle, so we decided to do the floor replacement after they move out.
Recently the same neighbor caused another leak, and damaged the floor again. This time, the damage is more serious, so we have to replace the floor.
Another neighbor had their floor replaced last year, and told us that it took longer to complete the job then they planned because the floorboards are glued onto the concrete floor (no subfloor).
Apparently the builder used some kind of crazy strong glue.
So, we had the same contractor who did the neighbor's floor run a quote for us. The estimate came out to be twice as much as the amount we got paid 2 years ago.
The insurance company said they wouldn't pay for the damage this time as we didn't fix the floor last time. They can't pay twice for the same floor.
We get that.
However, now we know the amount we received last time is not enough to repair the floor. Do we have to pay the difference out of pocket?
Are we able to push back to get the difference?
We are really screwed if we have to pay the difference out of pocket.
Any advice is much appreciated.

 

[Warrior]

Unfortunately, insurance companies give you the money to get the repairs done immediately.

I would never have told them you never did the previous repair. You could try to get the contractor to send the estimate to the insurance stating that the original costs would have been more money.

Second option is taking the homeowner to court to get the rest of the amount plus court costs.

Otherwise you are left paying this out of pocket.

 

[fed up]

You also probably signed a release when you accepted or cashed the check. Sue the neighbor and get your floors fixed this time

 

[Angrybird212]

Thanks Warrior. I didn't tell them but the adjuster who came to check the damage recognized it was the same apartment he assessed 2 years ago.

The same walls got damaged, too, but they were repaired 2 years ago, so we can claim the wall damage this time and get paid, correct?

 

[Angrybird212]

Thanks for your advice, fed up!
I wonder how much it will cost to sue someone to recover 15K. The floor repair will cost us 30K and we settled with 15K.

 

[fed up]

Depends on what the Small Claims cut off is in your area. The disadvantage that you will have is that they will be defended by their carrier's attorneys because the carrier has an obligation to defend per the policy. The attorney will show that you signed off on the original estimate. Listening to your tenant was a mistake, your policy or the upstairs neighbor's policy should have a provision for other living expenses so they would be put up somewhere during the repair and you should have been able to collect lost rent from one of the policies. Make sure you have a receipt for the wall repair because you will get some pushback based on the fact that you didn't repair the floor. And maybe tell the neighbor to use the shower instead of the bathtub. I also doubt that you would be reimbursed to replace the entire floor. How long was the water running and how long before you dried the mess? Insurance companies pay to repair or replace, their option, damages and I am willing to bet that they can show a repair estimate from one of their repair professionals.

 

[Warrior]

I agree with Fed Up.

 

[Angrybird212]

The leak was from their balcony. The drain pipe was not cleaned and backed up. 2 years ago, their insurance company paid for the entire floor replacement because the material was no longer available and they couldn't match the color and size of the board. 15K to replace the entire floor for 700 sqft 1BR. Other apartment got a minor damage on the floor, but they also got a check of the same amount, 15K.
I do have a receipt of the wall repair. I guess we got screwed. Lesson learned, in a hard way.
By the way, this neighbor did water damage to our apartment 5 times in 10 years. Each time is a different reason, kitchen, bathroom, balcony drain etc. I am actually surprised there are insurance companies out there who still want to cover them.
Thanks guys!

 

[Warrior]

You need to file a claim with the building owners. You buy a condo but the maintenance for things like gutters fall into building maintenance from the owners who own the building itself. Or Sue them.

 

[adjusterjack]

The small claims limit in NYC is $5000, outside NYC is $3000 in towns and villages, might be more in bigger cities.

I suggest that you have your release reviewed by a lawyer. My thinking is that the release is for that first act of negligence. A subsequent act of negligence is a new claim. You should be entitled to compensation for the new claim less what was paid on the old claim.

One way or the other you'll end up in court over this and your lawyer will cost you thousands.

Have you considered making the claim on your own policy to see if any of the damage is covered? I don't mean asking your agent. I mean calling the toll free claims department number in your policy papers and reporting it.