[jonnijr]

My kitchen sink accidentally overflowed causing some damage to apt below. The person below me gave me estimate for his damaged mattress and 1.5 hrs of lost wages. I do not have renters insurance. I don't know what to do and have so many questions...
-am I legally responsible to pay for his mattress? [which I actually don't have problem with]
-how about his reported lost wages @ 130. Because he had to clean up
-dont all renters have or get insurance for their own property?
-if I pay for his damaged mattress.. do I give him his amount that he estimated? Should he
Buy a new one first? What if I say to buy one 1st and it ends up more than the
Estimated price he originally gave me? And does the fact that his damaged mattress
Didn't look all that great shape to begin with..
-what if I refuse to pay him... or more realistically am unable to afford it? He's already
Wanting the landlord to cover the damage to his mattress and then leave it up to
Them to get $ from me... they refused... and said it was to be solved between me and
Guy downstairs

I kind of was wanting to possibly do what an insurance claim would provide... is that the right avenue to go?

[ScottGem]

The first question is what caused the flooding. If you left the water running and it overflowed causing water damage to the apartment below, then it is your fault and your reponsibility.

If so, then you need to work out a settlement with him. You can either offer to replace the mattress with one of similar quality and cost, or offer to pay his estimate or offer just the current depreciated value of the mattress (haven't a clue what that would be).

However, the lost wages is another issue. If he's claiming $130 for 1.5 hours, that means he earns $86/hr. That is an awfully high hourly wage. I would require him to submit proof that he was docked that amount.

Whatever you agree to pay him, you need to get a written release stating its payment in full for all claims as a result of the damage.

And then go out and get renter's insurance.

[jonnijr]

I did in fact leave the water running... a plastic plate got sucked to the drain which caused it to fill & overflow. It was a total accident and although I knew the water was running... I didn't know it was overflowing. I know it was my fault.
As for the lost wages... he ownes a barber shop right next door to our apt. building. I am assumming he is claiming that he had a full booking during this time. Since he ownes it, I'm sure it wouldn't be a problem to provide something stating he had customers at that time... whether he did or not.
If he was submitting a claim to an insurance co. I could understand trying to get the maximum amount, but to submit it to a neighbor--I guess its just rubs me the wrong way.. especially since he probably didn't have customers waiting... could have waited to start cleaning up his apt.since he works 10 feet away from apt.[and the wet mattress wasn't going anywhere]... or if I'm not required to pay lost wages. For what I can find on the internet... any lost wages paid by an insurance company are ones due to injury...

[ScottGem]

He owns a barber shop? And he claims that an hour and a half cost him $130?? Even if this were some high priced celebrity salon that would be unbelievable. Do you know what his rates are? They are usually posted.

[KISS]

Think about it. When your in an accident with a car, your not paid lost wages dealing with the car (towing, getting back to work, getting estimates etc) , but the insurance on the car has no clause for that.

Medical injuries (car-accident), Workman's Comp is personal injury protection insurance, so yes. It pays. And your required to have some.

Sealy, America’s Best-Selling Mattress Brand: Customer Support and FAQs says that the average lifespan of a mattress is 8-10 years so a totalald matress would be the pro-rated value of the time left on the mattress. If the mattress cost a $1000 and it was 8 years old, then the value left is $200. It would be his responsibility to provide a receipt.

He can go to small claims court to try to recover from you. This can cause friction because he is your neighbor. Small claims may ask for the receipt for the mattress as well. I'm not a judge.

Lost income may be a small price to pay.

In any event come to an equitable agreement for damages and create a letter and get it notorized that the damages are in the following amounts, for the following items and that's it is paid in full. Make sure it is notorized with both of you having copies of the document with a raised seal.

The "lost wages" might be a small price to pay for a remined that you messed up and should be more careful. A "fine", so to speak. Similar to your insurance going up for 3 years when it's your fault in an accident.

If it's not too excessive don't worry about it. If it is, work out a payment plan or take out a loan. The loan being preferrable. If you work out a payment plan, never pay cash and have that in your letter as well.

COYA as they say.

KISS


PS: There must have been damage to the apartment for water to get to his. How is this being delat with?

[jonnijr]

Without walking past there right now [but will find out later]... I would guess $17 - $20 and if he has back to back customers and he can get them in & out of that chair for that 1.5 hours in average 15 minutes[max].. it kind of comes close. Just the thought of friction between a neighbor bothers me. I have a feeling he is not going to give in on a lower price although haven't discussed it. To me there is a big difference between coming up with $ every week to pay for the 400. Mattress... and the 530. He wants.
Not even to think about the bill from my landlord for repairs & painting of his ceiling... thats going to be another headache...

[ScottGem]

Which is why we purchase renter's insurance.

[jonnijr]

And there was so many times in the past 5 yrs that renters insurance came up. Its going to be a lesson... and one that's going to be tough to pay for right now...

... and interacting here was helpful... I thank you :)