question about insurance claim (in Alberta)

[cruiser]

I have a quick question about an insurance claim from three years ago that just reappeared today.

I live in a high-rise condo in Edmonton. Three years ago (May 2006) my toilet tank broke and caused damage to my place plus it leaked to the floor beneath me. I immediately informed my insurance company and the property manager of my building looked after everything as far as getting carpets cleaned and any other necessary work. At that time, the property manager was supposed to send me a bill (showing their costs) that I would send back to my insurance company. Nothing ever came.

Today, over 3 years later (40 months), I received a statement in my mail from the current property manager for $3,000 regarding the water leak that I had over 3 years ago. How can they expect to collect on this? I know that the limitation for insurance claims is 2 years and the file has long since been closed. I'll give the insurance company a call tomorrow as I didn't see my mail until after business hours.

Question:
Can my property manager come after me for these damages? Can they put a lien against my property? Since the incident is over 3 years old, I'm not sure if my insurance company will even do anything for me. Do I have to go out and get a lawyer?

Any advice/feedkback would be appreciated.

thanks.

 

[threepeat]

Hi Cruiser, there is a time limit on how long a person has to collect on a debt, and it looks to me like your property manager has exceeded it. From http://www2.albertacourts.ab.ca/Pro...rocess/BeforeYouSue/tabid/179/Default.aspx#5:

Time limits to sue

You should know that, in many cases, you cannot sue after a certain period of time has gone by (the limitation period). The time limit depends on the reason for suing.

For general debt problems, such as contracts, loans, damage deposits and rent you must sue within two years from the time the debt began. An exception to this rule exists: if it has been stated in writing that the person knows the money is still owed, or if the person has paid part of the debt, the two-year limit starts when the debt was last acknowledged.

If you are suing for injuries or damages caused to yourself or your property (for example, assault, car accident, etc.), you must sue within two years of the injury or damages. If you wish to sue your own insurance company for failure to pay you as a result of an accident, you must do so within one year.

Probably wouldn't hurt to consult a lawyer anyway, given the amount of dollars involved, but I think you are in the clear.

 

[cruiser]

Thanks for your feedback....

I did think of going with a lawyer, but will just give my insurance company a quick call and give them a heads up.

Just another hassle to deal with !