What to do in case of water damage? Get free advice!

Questioner

Good afternoon, My mother is 81 years old and lives in an apartment. The water pipe at the neighbours above her broke, causing her to suffer enormous water damage. We reported the damage to the insurance company immediately, stating that we would report the exact damage later. All residents then received a letter from a company stating that something could be wrong with the construction of the pipes. The damage was caused by the broken pipe at the neighbours above, but flowed down into her apartment through the ceiling and hallway cupboard, etc. After having a quote drawn up for the repair of the house, I informed the insurance company about the damage. I submitted the letter from the company in question, the quote and photos of the damage. I then received the message that the damage must be recovered from the company in question and they refer to article 2 in the terms and conditions. I cannot add this document now, but in my opinion this is something that the insurance company should arrange with the company in question afterwards. The water damage occurred from outside and not in the house itself, this is covered by the insurance, as is also stated elsewhere in the terms and conditions. I am very curious what you think about this because I think it has been dismissed rather easily by the insurance company. Thank you in advance. Yours sincerely,

Lawyer

The question cannot be answered without knowing the text of Article 2. If it states that the insurance does not have to pay if you can recover the damage from someone else, then unfortunately you will first have to go to the company to recover your damage there.

Lawyer

The contents insurer is the designated party here, perhaps a clause is referred to; perhaps you could provide a link to the terms and conditions? Apart from that, the upstairs neighbours can also be held liable and possibly the VVE, depending on the situation.

Lawyer

I agree with Mr Martens. The question is what exactly is in the conditions. The question is also who is liable in this, the landlord / Owners' Association and / or the upstairs neighbors.