Your question does not give enough details of your damage. What EXACTLY happened? Water damage includes such things as water pipe breaks & leaks, appliance overflows (washer, A/C drain line), roof leaks, wind-driven rain entering around windows & flashings, surface ground water (flood, seepage).
Most policies will cover fire/smoke damage caused by any event other than arson. If the fire was accidental in nature more than likely your insurance company will cover the damage to your home. Call your company and report the claim. If the company does not cover the damage contact an attorney in your local area who specializes in first party insurance law. He/she will be able to help you.
Before a claim can be allowed, a material damage claim must be admitted. There may be circumstances when the interruption results from damage on another insurance Policy - e.g. a supplier's etc. In this case, it is imperative that the wording is sufficient to react to 'any' material damage caused by an insured peril.
Damage to your pool would be covered under Coverage B (other structures) of your policy. But, whether your liner would be covered depends on what caused the damage. If the damage is from normal wear and tear, then no, the damage would not be covered. Review your policy and determine what caused the damage to see if there is coverage. Also, remember the insurance company will only pay for the damage which exceeds your deductible. If you have a high deductible it may not make sense to report a claim.
Assuming you have insurance, you should first of all tell your insurance company about the damage. If you have insurance your insurance company should repair the damage for you (at no charge to you) and it is up to them to ask your neighbor to pay for the repairs.However, it is also important that you politely tell your neighbor about the damage (to ensure that the leak that caused it is fixed) and that you are going to ask your insurance to fix the damage.If you have to pay an excess on your insurance policy claim, you can ask your insurance company to recover this from the neighbor for you - if this is not possible to do you will have to pay this excess and may have to pursue your neighbor for it yourself.If you have no insurance, and the damage is definitely caused by your neighbor, you should politely ask him to repair the leak then ask him to pay for the damage to your floor caused by it. You may need some quotes for the work to show your neighbor. If he refuses to pay, your only recourse is to go to court to make him pay. Depending on the scale of the damage this may or may not be worthwhile. It is much easier if you have insurance!
Whether or not you should make a claim against your insurance depends on the amount of the damage. In this state, if you make a claim against your own collision insurance, your insurance will go up by several hundred dollars a year for three years, so you are talking a thousand dollars. Say you have $200 deductible. Then your break even point is about $1,200. If the other guy caused the accident, make his insurance pay!
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