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A Question for legal minds
Posted: Tue Feb 10, 2009 8:58 am
by Sir_Galahad
As I had reported yesterday we had a little problem with the sewer backing up in our basement. I have been in touch with our insurance company and they will be taking care of all damages which exceed our deductible amount. Question is, can I go after the city for compensation to cover the deductible amount since the problem was in the city's sewer?
Re: A Question for legal minds
Posted: Tue Feb 10, 2009 9:02 am
by TheCalvinator24
Doubtful.
Sovereign Immunity is strong. Essentially, you can only recover from a governmental entity if it has waived its immunity.
If you could find out who it was flushing the wipes, you would have a better case against that person. If you can positively identify the culprit, you could try filing a claim on that person's homeowner's insurance.
Re: A Question for legal minds
Posted: Tue Feb 10, 2009 9:05 am
by peacock2121
TheCalvinator24 wrote:Doubtful.
Sovereign Immunity is strong. Essentially, you can only recover from a governmental entity if it has waived its immunity.
If you could find out who it was flushing the wipes, you would have a better case against that person. If you can positively identify the culprit, you could try filing a claim on that person's homeowner's insurance.
Time for CSI and DNA tests on the poop on the wipes.
Re: A Question for legal minds
Posted: Tue Feb 10, 2009 11:13 am
by SportsFan68
Sir_Galahad wrote:As I had reported yesterday we had a little problem with the sewer backing up in our basement. I have been in touch with our insurance company and they will be taking care of all damages which exceed our deductible amount. Question is, can I go after the city for compensation to cover the deductible amount since the problem was in the city's sewer?
Not here in Podunkville. The City would have removed the offending substances but not paid for any additional damages.
Re: A Question for legal minds
Posted: Tue Feb 10, 2009 11:17 am
by sunflower
My advice is, it's worth a phone call. You never know, get the right person and you might get it covered, especially if you're only asking for your deductible and can prove the damage.
Re: A Question for legal minds
Posted: Tue Feb 10, 2009 3:14 pm
by Sir_Galahad
TheCalvinator24 wrote:Doubtful.
Sovereign Immunity is strong. Essentially, you can only recover from a governmental entity if it has waived its immunity.
If you could find out who it was flushing the wipes, you would have a better case against that person. If you can positively identify the culprit, you could try filing a claim on that person's homeowner's insurance.
The funny thing is, I had decided to call The City and just ask how I go about filing a claim against the city for damages. I was expecting to have to put up a fight. But, the lady I spoke to was very pleasant and said "just come down to City Hall and pick up a claim form." So I did. We'll file it and see where it goes from there. <LOL>