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3edna · Jul 21, 2009, 02:37 PM

My basement was flooded. I have a fire dept. run report which says when the city workers cleared debris from the storm drains that the water around my home receded. If I had flood insurance would it pay off if they saw this fire dept. report. The city denies any negligence. I think even if I had flood insurance it wouldn't pay off with what the fire dept. run report states. Any answers?? /

N0help4u · Jul 21, 2009, 02:53 PM

They are going to say they are not responsible because they want to discourage you. If you have a report saying it was their fault then I would say you have a fighting chance in court.
If you do not have flood insurance they will not cover it if you get it after the fact, at least no company that I am aware of will

nikosmom · Jul 21, 2009, 08:11 PM

If you had a flood policy in place it could've covered your losses and your insurance company could have subrogated, which is seeking out the city's insurance carrier for repayment. But since you didn't, typically this type of loss (rising water) wouldn't be covered by a traditional homeowner's policy. You can always call your insurance carrier and check.

You may have to pay for damages and cleanup out of pocket, then hire an attorney to help you recoup your losses. You just have to prove that your loss is due to the city's negligence and is a direct result of the storm drain cleanup by the fire dept.

ballengerb1 · Jul 22, 2009, 12:32 PM

Only from my experience flood insurance is for river or rain water rising and not a clogged pipe. You should discuss this with a sales rep for your insurance. If you call a calims rep this could be charged to your policy as a claim. Storm drain debris does not make the city negilgent unless you can show that they have not done periodic maintenance. Please tell us exactly how storm drain water got into your home.

N0help4u · Jul 22, 2009, 12:36 PM

I think OP is saying they have no insurance that would cover it and you can't change up after the fact and claim past damage from what I understand. OP would only benefit in future damage.

OP also said the fire company is backing her up that there was debri in the sewer system and it backed up and is the cities fault.
So OP needs to go after the city for damages.

I had the same problem. Unfortunately by the time I was able to prove it was the cities fault for backed up debri in the sewer system I hadn't saved the receipts and the plumber was too lazy to find them in his files.

nikosmom · Jul 22, 2009, 01:39 PM

Originally Posted by ballengerb1

Only from my experience flood insurance is for river or rain water rising and not a clogged pipe. You should discuss this with a sales rep for your insurance. if you call a calims rep this could be charged to your policy as a claim. Storm drain debris does not make the city negilgent unless you can show that they have not done periodic maintainence. Please tell us exactly how storm drain water got into your home.

Yes, usually flood covers rising water from rain or a body of water. The OP wouldn't be charged for a claim unless something was paid out. The OP would need to prove that it was the city's fault for directly causing the backup.

The first thing that needs to be done (regardless of who's at fault) is to mitigate your damages by initiating cleanup and repairs. If you feel like you have a solid case (after consulting with an attorney), then you can pursue recovering your losses from the city.

ballengerb1 · Jul 22, 2009, 03:17 PM

Last time I spoke to a claims rep they clearly said that they can not listen to your situation and determine if you are covered unless you are charged with a claim. That's why I usually run things by my agent first. He isn't considered a claims rep but said you can be charged with a claim even if they do not pay out. I am with Country mutual Insurance but think this tactic is standard. We could say more if we knew how storm drain water entered the home, did it come up through a floor drain or surface water through a window.

N0help4u · Jul 22, 2009, 03:25 PM

She said it came from a sewer full of debri around her home so I am assuming it ruined her lawn, lawn furniture and so forth.

ballengerb1 · Jul 22, 2009, 03:28 PM

" cleared debris from the storm drains " storm drains and city sewer are different pipes in the street.

N0help4u · Jul 22, 2009, 03:29 PM

Oh okay I don't know of storm drains too much I thought it was just a different term, but would the drain storms do different damage?

3edna · Jul 22, 2009, 05:01 PM

I am new to this this sight. This is 3dna. ballengerb1 I watched the water rise and come through an empty lot that the city owns. The water came around the back of my house and down the basement entrance. I watched as the basement entrance wall collapsed and shoved the door in. I took my dog and left. Once the water receded my basement also receded through the drain in the floor over a period.

N0help4u · Jul 22, 2009, 05:04 PM

You need to get your proof together. Get a statement from the fire department and do like nikosmom said.

ballengerb1 · Jul 22, 2009, 07:52 PM

Storm drains would be rain water and debris while sewer would be raw sewage, much worse damage caused by different circumstances. Hey 3edna, you still out there? Come back and give us more details. If you talk to your insurance talk with your agent not a claims adjuster just yet.

nikosmom · Jul 22, 2009, 08:36 PM

Originally Posted by ballengerb1

Last time I spoke to a claims rep they clearly said that they can not listen to your situation and determine if you are covered unless you are charged with a claim. Thats why I usually run things by my agent first. He isn't considered a claims rep but said you can be charged with a claim even if they do not pay out. I am with Country mutual Insurance but think this tactic is standard.

I'm only clarifying that the person is only "charged" with a claim if something is paid out by the insurance company. It doesn't count against the policyholder if it is denied and nothing is paid out. Yes, the agent would have to file the claim in order for the case to be reviewed by a claims rep. The OP won't be able to get a direct answer until a claims rep fully assesses the situation to make that decision. But the OP won't be affected negatively for simply filing because worst case scenario- it's denied.

I definitely agree that the OP needs to call their agent to see exactly what the policy covers and if there are any endorsements on the policy to cover damage resulting from the backup of sewers and drains. This is an optional coverage but the OP's agent can clarify if he/she has this on their policy.

N0help4u · Jul 23, 2009, 03:49 AM

She said '' I think even if I had flood insurance''
I always heard that either you had flood insurance or you didn''t and you would know because it is a separate thing you have to ask for.

nikosmom · Jul 23, 2009, 06:21 AM

Originally Posted by N0help4u

She said '' i think even if i had flood insurance''
I always heard that either you had flood insurance or you didn''t and you would know because it is a separate thing you have to ask for.

Yes, actually it's a completely separate policy.

The endorsement I referred to (Backup of Sewer & Drains) is added to a homeowners policy for an additional fee. Some people have it and don't even remember adding it (because the additional charge is so minimal- like $25 per year).