Who pay for damages of water leaking in an unit？

There was a burst water pipe in my unit above, the unit got flooding and the water came down and went to my unit. My unit got water stains and popping timber floor now, the strata said they are in touch with the building insurance company for the damage but it won’t cover the flooring damage. Who is liable for my damage? Can I ask the owner of the unit above to pay for the damage? Or, I have to claim it through my own home content insurer? I have been paying for strata and insurance for many years but never came across a claiming process....

 

Just ring up the insurance company that the cover it with ,and get a claim number then step back and let them deal with the problem..

 

Your contents cover should address the damage. Less an excess which may or may not be payable. Often if the strata insurer accepts a leak caused damage they may be liable for your excess or your insurer will need that policy detail and ignore the excess...Depend on policy.

If you only have strata cover you will be paying for the damage. Unless you can identify a person to sue.

 

You can claim it on your contents, however you are not the at fault party so you should be seeking the damages from the owner above. I don't think your contents insurer would want to accept the claim if you did not cause it, and if there was evidence of a known at fault party. The at fault's party should be covering it as it is resulting damage.

 

Insurers settle between themselves. You can use their insurance or yours. Determining the fault will assist to determine any liability. If its a strata pipe failure it not the occupant upstairs concern. But if they allowed a bath to overflow it would be a matter for either their contents insurer or yours or if they have no insurance it may be a matter that your insurer will pursue for recovery. Leave it to a insurer.

Insurers will pay if the event is defined for cover. But they may oncharge their loss to the above owner or strata to pass to any insurer they may nominate.

The first problem is to identify the fault and then
Identify the insured parties and policy details.