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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7394
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Sewer backed up in my basement cost me $5000 to get it

Customer Question

Sewer backed up in my basement cost me $5000 to get it decontaminated and repaired. Warren county sewage department only will pay me back 2500. they said my insurance will pay the rest. I did not have homeowners insurance at that time. My home owners insurance drop me a little while back and I hadn't replace the policy. I want to retrieve the whole amount that I spent. this was warren county's sewage department fault shouldn't they be responsible for making my basement whole again. I lost personal items, days off work and my two dogs threw up for two days. They can't even compensate me for that.. How can I get my full amount spent back.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 4 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 4 months ago.

What was the reason for the sewer back up. Was this caused entirely by the county? Can you explain a little more? Your homeowners policy, even if you had one, would not be responsible if this is the county's fault.

Customer: replied 4 months ago.
It was the county's fault it backed up in all 4 condo units. The people with insurance got the deductible paid by warren county sewage department and the insurance paid the rest.
Expert:  Attyadvisor replied 4 months ago.

I see this is a condo. The question becomes are you required to carry insurance in your HOA governing documents?

I want to make sure you are not breaching any requirements under the association documents.

I see that the other policies are paying out which is interesting if the condo owner had no part in the cause of the back up.

Customer: replied 4 months ago.
The hoa insurance is only the structure coverage. What recourse do I have to get warren county to pay me my full amount?
Expert:  Attyadvisor replied 4 months ago.

No I understand that the HOA coverage is for the structural and common areas. My question is why are the the homeowner policies covering any of the damages. If the homeowner has no responsibility why on earth are their policies paying?

Expert:  Attyadvisor replied 4 months ago.

This could be handled in small claims court for up to $3,000 http://smallclaims.uslegal.com/small-claims-laws-by-state/ohio-small-claims-law/

Customer: replied 4 months ago.
All the condo owners insurance paid. What can I do to get warren county to paid me the full amount?
Expert:  Attyadvisor replied 4 months ago.

File a suit in small claims court. That response should have posted above. I am also providing you with a link for local attorneys that provide free consultations since a letter from an attorney may do the trick. Give me one moment please.

Expert:  Attyadvisor replied 4 months ago.

This is a link for attorneys in the area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/real-estate-law/warren-county/ohio

This is a link for the process http://research.lawyers.com/ohio/oh-filing-a-small-claims-suit.html

Please do not hesitate to ask me ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

Expert:  Attyadvisor replied 4 months ago.

Are you still with me? This was the link it looks like you did not receive

1 Aug 2016, 4:55 PM This could be handled in small claims court for up to $3,000 http://smallclaims.uslegal.com/small-claims-laws-by-state/ohio-small-claims-law/

This is a link for information and legal assistance for free http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/representing-yourself-in-court/small-claims/questions-and-answers/qandact_view?log=5&searchterm=small%20claims%20case

Expert:  Attyadvisor replied 4 months ago.

Thank you for using JA. We appreciate your business.

Expert:  Attyadvisor replied 4 months ago.

I wanted to follow up with you to see if you have any additional questions. The attorneys on the site to not receive credit for their time or work if the customer does not rate them positively. Thank you for your consideration.

Please do not hesitate to ask me ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service so I may receive credit for my work I would appreciate it.

Expert:  legalgems replied 3 months ago.

Thank you for your question; new professional here:

the county may not have been at 100% fault; for example, the homeowner's insurance may have determined that the failure to put in a backwater valve, which often protects the home in case of a backup, contributed to the damage;

or they may have determined that the main line (which is the government's responsibility) and the the sewer pipeline that runs between the city sanitary sewer main usually under the street and one's house were both deteriorated and since the homeowner is responsible for the portion after the main line, that could cause a contributory negligence issue.

For the $2500 not covered one can file a suit here:

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/representing-yourself-in-court/small-claims/qandact_view

it would help to determine which part of the system failed, in order to prove that the county was fully liable.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.