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Follow Up: Do you have to pay if the city makes a mistake?


Photo: Video by IdahoOnYourSide.com

Follow Up: Do you have to pay if the city makes a mistake?

By Jake Melder. CREATED Jul 23, 2014

Jake Melder broke the story of a family whose basement flooded with sewage back-up, but Boise doesn’t have to pay. Viewers wanted to know what to do if it happens to them.

A Boise family comes home to sewage pouring into their home. The culprit is a plugged city pipe, but the city doesn't have to pay. Thankfully, a no-fault policy in Boise allows the homeowners to receive $10,000 in benefits.

But what if this happens to you outside Boise?

No one wants to claim responsibility, but it appears the block was made of asphalt from nearby road construction. ACHD says the project was theirs but the fault would be the contractor doing the work.

"They basically carry a liability insurance that, if claims such as this would arise, we would forward that certificate on to that party and they could then try to go after reimbursement from the contractor's insurance," said ACHD spokeswoman Nicole Pineda.

Homeowners could sue the contractor for damages, but a lawyer familiar with construction law says the cost of litigation wouldn't be worth it.

This reiterates the the best option to protect yourself is to contact your insurance provider and ask to add a rider that would cover sewer back-ups coming from outside your home.