DENVER (KDVR) – More than 24% of all homeowners insurance claims are related to water damage, according to Consumer Affairs Journal of Consumer Research.
Determining who is responsible for the cost of water damage to private and commercial property can be complicated. John Walker tells FOX31 the driveway at his condominium near Holly and Evans streets has been replaced several times due to pooling water tearing up the asphalt.
“Every one of these individuals has to pay for this money, and it’s coming out of everyone’s pockets,” Walker said.
On the other side of the fence, water flows from a large drainage pipe connected to an office building. FOX31 arrived to find crews working on the property and plastic sheeting redirecting water.
The property manager told FOX31 off camera that the building’s swamp cooler has had issues, and management has consulted Denver Water and is working to make repairs.
The manager also stated that the swamp cooling water was not causing problems in the adjacent corridor.
A resident of the apartment complex showed FOX31 a timeline that included a city inspection in October that stated the office building’s downspouts were located 20 feet from their property line and 35 feet from the foundation of the condominiums and no violations were found. Denver law protects foundations, not fences or driveways.
Water damage cases represent some of the most common disputes between neighbors. Attorney Eric Nesbitt tells FOX31 that all homeowners should be aware of their rights in the event of any type of water damage.
“If something abnormal happens next door, the property owner has certain rights and remedies, such as negligence; they can claim that the water damage was foreseeable and the neighbor could have done something to stop the damage,” he said.
Nesbitt says video and photographic documentation should be created promptly and updated. Problems should be reported immediately to the homeowners association and the city inspector’s office.
“If the matter goes to court, it would probably be wise to have an engineer or water expert testify about the source of the water,” Nesbitt said.
Less than 20% of homeowners carry the right type of insurance to protect against water damage. Policies should be checked to ensure proper coverage is included.