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Water Damage From Upstairs Condo Unit

Location: NorCal/Bay Area CA in a condo on the first floor of a two story condo building. I recently had water damage coming from the unit above. The unit owner tenant said the toilet tank cracked making the owner liable. But now after the third water damage issue since I moved here less than 5 years ago, the owner is not providing his insurance once again. My insurance has kicked in provided a payout based on the estimate of cost to repair the unit bathroom. But after getting three quotes from restoration companies, the payout from my insurance seems underpaid. Not to mention, my insurance is not making a attempt to subrogate the claim cost since they closed the claim after pay out. Claim payout for mitigation and restore:~$5k estimate Mitigation quotes : ~$2k -$5k (3 quotes) Restoration: ~$5K (1 quote)

So my questions : •is there a way to get the insurance to pay more into the claim? •If the insurance company doesn’t subrogate the cost, when I sue for the cost, do that money have to go back to the insurance ? •I think small claims is the easiest route for this claim but I need insurance info, would civil court be better? •If I need to wait for owner to fix his toilet, can I sue for mitigation part first without the restoration completed?

submitted by /u/Left-Risk-8741
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Water Damage From Upstairs Condo Unit

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