Who do I claim against? How long do I have to do it?
Question received
QUESTION.- I have a furniture shop in commercial premises and a basement in a building, both of which I own. The water main outside burst and my basement was flooded. The damage is substantial. The bottom part of all the furniture (up to 5 cm) is badly affected, as it is made of wood. Should I sue the Town Council, the water company, or both? What should I claim? Does suing the Town Council take a long time? What do you recommend? How long do I have to sue? My insurance will not pay, because it says it does not cover the basement, only the showroom.
ANSWER.- Never sue the Town Council. Not even together with the water concession company. Sue only the water concession company (Aqualia, Aguas de Barcelona, Aquagest…) because that way the case will go through the civil courts and not the contentious-administrative courts, which are infinitely slower.
The first thing you must do is get an expert assessment of the damage to quantify it, and call a Notary to photograph each item of damage to the furniture, or certify the photographs you have taken, so that they match the photographs in the expert assessment.
You must quantify the amount of the damage and claim it with interest from the date the lawsuit is filed with the court. However, the insurance policy needs to be examined to check whether what your insurer is telling you is true. Do not take it at its word.
Secondly, time flies and you only have one year to claim. If you need anything else, get in touch with us.
Any questions?