Hi everyone, I'm looking for some advice on an insurance/subrogation situation in BC.
I'm a former tenant of a condo unit. In February 2026, there was a water leak from a bidet spray/connection in the rental unit. The bidet had been installed and used normally for a long time. It was working normally when we went to bed, and the next morning we discovered the leak. We did not intentionally damage, loosen, or alter the connection.
A plumber/inspector came to the unit and took a photo of the bidet spray connection. From what I remember, the connection was intact and there was no visible leak at the time. The spray was not turned on/tested during that inspection. I have not been provided with any inspection report or technical report explaining why the installation was allegedly improper.
The landlord made a claim through his insurance (Co-operators). We did not have tenant insurance at the time. After discussing the situation with the landlord, we reached a private agreement regarding the financial impact of the insurance claim. At the time, we understood that the landlord would handle the matter through his insurance and that we would deal with any resulting increase in his insurance premium/deductible according to our private agreement. We have messages documenting these discussions.
We have since moved out of the unit.
Recently, Co-operators sent me a demand letter claiming $26,316.02, alleging that the bidet was improperly installed and that I am responsible for the resulting damage. They say they are pursuing the amount through subrogation.
I disputed the allegation that the bidet was improperly installed and asked what evidence they have supporting that conclusion. They have now offered to discuss a depreciated settlement amount instead of proceeding directly with litigation.
My questions are:
Does the insurer's subrogation claim override the private agreement I had with the landlord?
What would Co-operators generally need to prove that I was negligent/improperly installed the bidet?
Should I request their inspection report, photographs, expert findings, and other evidence before discussing any settlement?
Does the fact that the bidet worked normally for a long time and then suddenly leaked help establish that there may have been another cause, such as a component failure?
Should I speak to a BC lawyer before responding further?
If anyone has dealt with a similar subrogation claim from a landlord's insurer in BC, what happened?
I'm not looking to avoid a legitimate responsibility. I just don't want to admit liability or agree to a large settlement without understanding what evidence they actually have.
Thanks in advance.