General Insurance Claims Questions, Advice and Help

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Do you have general insurance claims questions not covered in other categories on this website? Post them here for our contributors to answer. Questions under 100 words are more likely to receive an answer.

457 Responses to “General Insurance Claims Questions, Advice and Help”

  1. September 23rd, 2008 at 9:57 am #marian hamilton

    I would like to know if your car is in a flood and water get into your car and starter andother place . Should your car be total

  2. September 24th, 2008 at 2:07 pm #admin

    Hello Marian,

    Yes, it should be a total, in my opinion. There are two arguments: mold concern and mechanical and electrical concern. The insurers “restoration company” cannot get inside the inner sheet metal panels of your car to clean them since they are spot welded together. And they will not guarantee in writing that electrical components will not fail prematurely. If the engine had water in it for over 24 hours, most mechanics will tell you that the crankshaft main bearings will fail prematurely.

    You should take five minutes and give the adjuster, insurer and their body shop or cleaning company ratings on our “Rate Your Adjuster” page.

  3. February 23rd, 2009 at 6:16 pm #susan

    My husband and 6 of his band members were injured in an automobile accident when a cow was standing in the middle of the road at night. The cow owner had insurance and his landowners insurance has accepted responsibility for it. They say that there is a $500,000.00 cap on the policy to be split between the 6 men. But my husband has numerous injuries and still has 3 surgeries that we know of to go. They are asking us to submit a “demand” for the amount that we would like to receive from them on an individual basis. Even though they say that they only have 500,000. to work with we need to know if they can go above that if they need to in order to cover everyone costs. They have missed time at work and still have many outstanding medical bills to cover. We just need some advice before we give them an answer. Thank you

  4. February 24th, 2009 at 10:23 pm #admin

    Hello Susan,

    First of all, I’m no expert on liability insurance claims. And I suggest you check with an attorney. If you can’t get 10 minutes of free advice on this question from an attorney after calling around, give them $75.00 for a few minutes of their time. Be careful about hiring an attorney on contingency who will get 1/3 as soon as you sign the contract. He can sit back and do nothing other than collect his money. It sounds like the damages are well over the $500,000.00 and the insurer is willing to pay. If the insurer agrees to pay the full 500,000, look for an attorney who is willing to take his fee from the amount “over” the insurance offer. 50% of the amount over is fair, in my opinion.

    Now here is my advice, go ahead and make a demand for an amount for each of the 6 members. List each members claim on a separate sheet of paper. Medical bills, lost work, etc. and describe why the injury will affect future earnings or appearance. A damaged throat on lead singer may be worth more than a similar injury on a drummer who does not sing.

    Now, DON’T sign any release from the insurer if it releases the policy holder (the landowner) also. Only release the insurer. And ask to see a certified copy of the policy. Don’t just take their word for it. Adjusters can lie. Also, you don’t want to give up your right to sue the landowner, since he may have assets over and above the insurance limit of $500,000.00 and or an “umbrella” policy.

    And find out what the statute of limitations (time to file a lawsuit) is. Its usually 1 or 2 years from the date of the accident. Some insurers will delay the negotiations just so you accidentally forget, and then they won’t pay one dime. Pay a lawyer for an hour of his time to fill out a pre-printed complaint form to file at your local court, to “protect the statute”.

    Again, get a lawyers advice for 1/2 hour.

  5. June 30th, 2009 at 11:41 am #Scott Reich

    I have home owners insurance with two questions.
    1-I have a patio door that had leaked about a year ago, fixed the leak with minimal damage to the carpet and subflooring, recently began leaking again ad carpet has started to mold and leak still countinuing. Is this a valid claim.

    2-Believe televison was hit by lighting during a storm was a pop and burning smell. Would this be covered and how would Iprove that was the case?

  6. July 2nd, 2009 at 12:42 am #admin

    Scott,

    1. If the water is from a broken pipe or plumbing fixture, then it should be covered. But if it is from rain or flood or sprinkler water, that’s called “surface water” and excluded in most policies.

    2. Most policies cover electrical surge, but not to appliances (so what good is it right?). And lightening damage is covered, but I suspect the adjuster will say it must be a “direct hit”.

    Ask an electrician to read that part of your policy to see if he can come up with a creative explanation for the lightening damage that is not electrical surge.

  7. August 31st, 2009 at 6:13 pm #Larry

    I have a 2nd story outside deck (attached to the house) which has two drains at deck level. One of the drains drained into the supporting column and developed wood rot. This also spread to the entire deck under the concrete and tiles so that it was not noticed. It also spread to the other column and horizontal wood beam. The entire deck needs to be replaced. There was no way to know there was a leak. The way I found out was the one supporting column suddenly one day showed a sign of compression in the stucco. Should State Farm cover this and to what extent if so?
    Thank you.

  8. September 1st, 2009 at 4:02 pm #admin

    Most insurers don’t cover rot, even if it was hidden from view. First try the sympathy route. If that fails, try to find a “concurrent cause”, another covered cause of loss that could have contributed to the loss. Be creative if you have to. Most home policies say they cover “everything except”, so this puts the burden and cost to disprove your claim on the insurer. If it cost more to hire an engineer to disprove your claim, it may be cheaper for your insurer to just pay you for your damages if you sign a release. Its called a “compromise settlement”.

  9. September 10th, 2009 at 2:58 pm #Laurie

    I am getting a new roof from a Hail Storm. I don’t really need a full new roof, but they don’t make the same roof so I get a full new one. What If I want to use the money for other home improvements instead? Can I do that or would I get in trouble?

  10. September 10th, 2009 at 9:26 pm #admin

    Hello Laurie,

    You can use the money they gave you to go to Hawaii if you like. But keep in mind, that if they deducted depreciation from your settlement, and if you have replacement cost coverage, you can’t later recover that depreciated amount if you don’t do the repairs, and there is usually a time limit like 180 days to do the repairs.

    Now for you other readers, sometimes you can “shift” money around if there are several trades in the repairs, and you get the adjuster to agree in writing before doing that. But in the case of a single item, like a roof, most adjusters won’t agree to it. Of course it won’t hurt to ask the adjuster, but make sure you have the money in hand before asking, because the adjuster could “change his mind” on the depreciation if he thinks you will “cash out.”

  11. September 17th, 2009 at 6:33 pm #Larry

    See previous question dated Aug 31st.

    The wood rot on the decks was caused be a breakage in the “hot-mop” which was per code in 1989 when the house was built. With the tile flooring over the hot-mop, one cannot see the damage. I would therefore think that the insurer would be responsible for all wood rot and water damage since it was caused by this breakage. What do you think?

  12. September 17th, 2009 at 7:46 pm #admin

    Larry, go ahead and make the argument and hope for the best. If they deny the rotted wood, ask them to cover what it would have cost to access the repairs (which could include replacing the tile floor, etc.) and what would have been “non rot” damage at the time of the break. What could have caused the hot mop to break, something other than “wear and tear”, like a 400 pound guy walking on the deck?

    And make sure the hop mop break occurred within your State Farm policy period. If not, go to the prior insurer.

  13. November 17th, 2009 at 3:39 pm #toyia

    i receive a insurance claim check for storm damage it had my name mortgage company, and the contractor. I sent it to the mortgage company to see if they would endorse it first can they hold the check if they refuse to endorse the check if so for how long.

  14. November 17th, 2009 at 11:30 pm #admin

    Toyia,

    I don’t think they are allowed to hold onto the check, but its worthless to them if you have not signed it. Once the repairs are done, tell the mortgagee the job is done. After they send their own inspector out to confirm the repairs were done, THEN, legally they have to sign the check and return it to you.

  15. December 12th, 2009 at 11:38 am #Jerry Gahan

    In 2005 I received a notice from the IRS that Prudential Insurance had filed a1099-R in the amount of $32,329.27 for a loan against my life insurance policy that Prudential was “writing off/paying off”. Prudential never sent me a copy of the 1099 (the IES did), so I also had to pay penalties.
    I ended up paying the IRS approximately $3,500 for this, $ 3,051 plus interest, and the California Franchise Tax Board about $1,500. I also had liens placed on my house, and my bank account.
    I tried, for quite some time to get a statement of my account from Prudential
    with little results. My last 2 (yearly) statements were completely blank.
    I started getting suspicious and I called Prudential several times to get a statement, and kept getting all sorts of OTHER forms instead. After insisting, I finally got a statement from Prudential.
    Prudential states that I STILL OWE THEM THE MONEY (plus 5 years of interest added to it, about $2,000 per year).
    In a letter from Prudential (Dec. 2009), they state that they are required to report any taxable gain. Yet as of December 31, 2004 there was NO gain (the end of tax year 2004). In their letter dated 2009 they verify that the policy was reinstated and the loan “pay off” was reversed on March 4, 2004, 9 months before the end of that tax year (just barely over one month after payments were missed), and Prudentials account statement dated March 2005 (for the previous year) also verifies that the loan “pay off” was reversed. March 4, 2004 is 9 months before the end of that tax year, yet Prudential filed a 1099 anyway. Why did Prudential file a 1099 when they ADMIT there were NO gains for 2004?
    Prudential explains that the reportable tax gain is the loan repay amount minus the cost basis, then in the next paragraph they again verify that the “pay off” was REVERSED.
    Prudential says that they have no responsibility in the fact that I had to (wrongfully) pay
    $5,000 in State and Federal taxes on the gains that they (falsely) reported. Even they have verified (in writing) that this was falsely reported, and that there was NO gain. Prudential gave an explanation of their actions by explaining the “letter” of the law that justifies their action. Of course the objective of that law, and their ethics were never mentioned, nor was there any apology for costing me $5,000.
    I had liens placed on my house, my bank account, and the IRS threatened to attach my Social
    Security checks, all because of a fraudulent 1099 from Prudential.
    I would like to see a copy of the letter informing the IRS and me that the “pay off” was reversed. Let me guess, they are not required by law to inform anyone that they screwed up. The IRS says that my only recourse with them is to obtain a tax attorney, at my expense of course.
    This policy has been in effect for 46 years, yet payments 5 minutes late, and the policy goes into default, in the hopes that they can find cause to cancel the policy and pocket the money.
    My mother had a life insurance policy with Prudential for over 40 years, when she died I called Prudential (I’m the beneficiary), they said that the policy had lapsed just before she died, how convenient, they pocketed about $75,000.
    How many people have they screwed using these practices?
    Prudential was obviously not acting in “good faith”, on in my interest.
    There is this new thing out, it is called Ethics, look it up.
    Prudentials actions are illegal, unethical, and despicable. You are defrauding the IRS and me, and on top of that you are stealing from me.
    The people of this country are sick of business practices like yours, if you have not noticed.

  16. December 12th, 2009 at 4:43 pm #admin

    Hello Jerry,

    The volunteers at this website are more likely to answer short questions if you want to condense it, but I’m posting your question anyway.

    Does anyone want to take a crack at TRB’s post?

  17. January 7th, 2010 at 1:19 am #paras nath chaturvedi

    if the vehicle parked in open ground without safty arregment did insurer repudiated the claim in the ground of neclgency

  18. January 8th, 2010 at 1:52 am #admin

    Paras,

    I don’t think your insurer can deny your claim because of your negligence, unless they can prove you intended for your car to get damaged by doing something like parking it in the middle of a road, or on a railroad track or a ghetto.

  19. January 9th, 2010 at 12:17 pm #Joseph Del Medico

    I have hail damage to my roof (Ohio). My policy provides for cash value of repairs. Cash value is defined as the cost of repairs minus depreciation. the problem is that the Building Code will not allow the repairs therefore I will need a new roof. The insurance company has denied my claim for a new roof. What should I do.

  20. January 10th, 2010 at 11:59 am #c Lauerman

    I was getting out of my parked car in a parking lot when a strong gust of wind came up and my car door flew out of my hand and into the car door of the car parked next to me. The damage was minimal, but enough that I waited in the car for the owner. I requested that I try to pay for the damage out of my own pocket since it was minimal, but we both still went through our insurance policies. He decided he wanted to have the insurance cover the claim in case there were issues with the body work and went ahead and submitted the claim and body shop he was working with. The next day he called me to say he changed his mind…he was willing to let me pay for it. The damage was $75 — I paid him, he called the body shop and told them not to cash the insurance check when they received it. They did not cash it, but I now have an incident on my record with a zero payout, and have lost my good driver’s discount.

    Is there any way to dispute this claim that wasn’t even paid by insurance to clean my record?

  21. January 12th, 2010 at 2:30 am #admin

    Lauerman,
    I don’t know. Ask your agent.

    Anyone else know?

  22. January 12th, 2010 at 2:39 am #admin

    Joseph,
    Check to see if you have code improvements coverage or endorsement in your policy. Are you sure you don’t have RCV coverage on structure?

  23. January 19th, 2010 at 4:38 pm #admin

    Dear Visitors who regularly monitor this website via RSS feeds or other methods. Because of the burden of increasing visitors with questions, your answers are needed. Questions will be posted, but Admin responses may now either be delayed, or not given at all. Here is your chance to give back. Your involvement in the Discussion Forum of this website is also desired. Thanks.

  24. February 1st, 2010 at 11:08 am #Ryder

    Hello,

    I have a home that I am buying currently in escrow. Recently, there was some water damage from heavy rains…leaking roof…bedroom damage. The sellers made an insurance claim and they seem to be dragging their feet getting things fixed. My escrow runs out in 4 days. Is it possible to close escrow and continue with the repairs with new ownership even though its not my claim? Thanks.

    Ryder

  25. February 1st, 2010 at 7:35 pm #admin

    Ryder,

    Insert a clause or provision in the escrow agreement that the seller assigns his interest in “the claim” to you, and that seller agrees to cooperate to fulfill his duties in the claim, eg. give statement, etc. In most states this does not require approval by the insurer. Only assignment of “the policy” requires prior approval from the insurer. Check it with an attorney in your area. And don’t forget to put your own insurance on the house. I had one client whose house burned down 3 days after escrow close.

  26. February 19th, 2010 at 8:25 am #rob

    i had bad ice dams on my roof this year and water was coming inside my house through my windows. the water was bad enough to cause plaster in a front closet to actually cave in exposing the wall behind it which lead me to see rotten wall boards. i just bought the house three years ago and havent had this problem until we got this amount of snow. will they cover this being that it was already happening over a period of time. i had no way of knowing?!!

  27. February 21st, 2010 at 3:16 am #admin

    Rob,

    It depends on your state and your policy. Some policies actually make an exception to the rot exclusion, if it was out of sight. So first read your policy.

    I have heard that some northern states have special ice dam endorsements. Check with your agent if you don’t have that endorsement.

  28. March 15th, 2010 at 6:32 pm #Herb Andler

    My sons home recently burned to the ground and and was determined by the inspectors to have been caused by an electrical short .
    It has now been nearly three months waiting for a settlement. Last week he got a call from Sterling Bank whoholds the contract that they would be puttng the home into foreclosure. (at the time the home burned his home payments were current.
    In addition, while trying to get a payoff from the bank he was advised he has been chged interest since the fire
    when does the insurance company assume responsability for costs incurred after the fire loss ?

  29. March 16th, 2010 at 11:15 am #Lee Albert

    If a car is stolen with the keys in the ignition, will the insurance company not pay out on TPFT?

  30. March 16th, 2010 at 11:03 pm #admin

    Herb,

    1. The bank is still entitled to get their mortgage payments even if the house burned down and the insurance claim is not settled. Your insurance ALE or Rental Value payments should offset the mortgage payments.

    2. If the fire was accidental as you say, the insurer should have issued a payment for the repairs or the value between two and four weeks after the fire. If they suspect arson or your son, then it can drag on for months and possibly be denied. Get a written status.

    If you are going to do this yourself without a public adjuster or attorney, look at the table of contents of the eBook at http://www.UClaim.com entitled Homeowners Loss Advice Deluxe. Its guaranteed and includes free consultations with the author.

  31. March 16th, 2010 at 11:07 pm #admin

    Lee,

    I don’t know what “TPFT” is. But if you have comprehensive coverage, then it should be covered, unless your policy has an exclusion for that. Most don’t have such an exclusion, and if yours does, get another insurer.

  32. March 19th, 2010 at 11:35 pm #jen

    Hi,

    We have a slab leak in our kitchen (hot water). The adjuster came out on Tuesday, he sent out a leak detection company come out and says he is going to send a furniture repair guy out to look at cabinets. Sink cabinet completely rotted, sink looks like it is going to cave in. Hot water was pouring out through back wall of house. No mention of Serv Pro or water damage specialist or mold specialist. What are our rights? He has us turning water off and on at curb all day since Tues. No hot water. Can you tell me the process?

    Thanks

  33. March 20th, 2010 at 2:04 pm #admin

    Jen,

    Well you said the magic word “rot”. They may deny your claim based on that. So be careful what you authorize their people like ServPro to do, because they may come after you for their bill. Tell them they must get their payment from the adjuster, not you.

  34. April 7th, 2010 at 11:39 am #andy

    My home has a pitched roof and a flat roof. We had a bad hail storm last week and the flat roof now has holes. In addition, the beams holding up the flat roof are rotted. To get up on the flat roof to fix, the beams will need to be replaced. Would this be covered or am I hosed because the beams are rotted?

  35. April 7th, 2010 at 6:54 pm #admin

    Andy,

    Well, a “quality insurer” might replace the rotted beams with new ones as a way to complete the repairs, but a cheap insurer might say they will just pay to install scaffolding or temporary support and let you decide if you want to replace the rotted wood. That cute little Geico green Gecko ain’t so cute anymore, is he.

  36. April 23rd, 2010 at 2:56 pm #R Fowler

    I am curious. Today someone was parked in our driveway. My husband, in attempting to pull into the garage, hit the side of the garage doorway. It has done significant damage to the garage door frame and the wall it is attached to. He also has some paint that hopefully can be buffed out of the car’s bumper.

    My question is this: Can I claim the damage to his car and the garage door on his car insurance, or do I have to claim the damage on the car to the car insurance and the damage to the garage to the homeowners insurance. We have a $1000 deductable on our homeowners and do not want to make a claim against it.

    Can the car insurance cover both the car and the garage? If he had hit someone else’s house, it would cover it, wouldn’t it?

    Thanks in advance for your help!

  37. April 26th, 2010 at 3:27 pm #admin

    Fowler,

    For your own property, you have to make the claim on the separate policies. Yes, if it was someone else’s house, the car insurance would cover both, the house under liability and the car under collision.

  38. May 14th, 2010 at 7:08 pm #cooper

    we received a check from insurance co for claim of pump failure due to power outage during flooding rain storms. our rental in-law apartment was completly damaged and has so much damage that the 5000. dollars we received will not cover the amount of damage. The check came with both our names on it and the mortgage co. and the second mortgage co names on it. Are we allowed to put this in the bank or do we have to send it to the mortgage companies? we will use the money to fix as much as we can but will be doing it ourself to save money.

  39. May 18th, 2010 at 10:35 am #admin

    Cooper,

    Usually you give the check to the mortgagee, they have to pay it back to you as you do the repairs up to the 5000.00. But in your case it might be easier to send them copies of your repair receipts along with the 5k check, without your signature, and let them endorse it and return it to you, and make an inspection if they like.

  40. May 24th, 2010 at 11:17 am #Anita

    We had severe storm damage to our home May 8, 2009. We had to have a whole new roof, etc. The insurance company was American Family and the insurance actually expired midnight that same day. We had to switch to vacant house insurance with another company- so it was covered. The storm damage claim was made to American Family and the work has been completed. The problem is, right before the year deadline we discovered inside water damage. We called American Family who sent out an adjuster. I just found out they are denying the water damage claim and said it’s a new claim. What do I do. I do not feel it should be a new claim, because we did not have water damage prior to the storm. Since the house is vacant, no one noticed the water stains until March 2010. What do I do?

  41. May 24th, 2010 at 3:16 pm #admin

    Anita,
    I would say the prior insurer should cover it if not an excluded loss.

  42. May 25th, 2010 at 5:42 am #Anita

    How should I approach the American Family Insurance company about feeling it should be part of the initial storm damage? They are saying since it wasn’t reported in the first adjuster’s estimate, that it wasn’t part of the original claim.

  43. May 25th, 2010 at 2:48 pm #admin

    Anita,

    If I understand, you want the prior insurer to cover the claim. Now if they say the damage was “before” the storm, then they can still cover it, as long as it is not excluded (rot, etc.) and apply a new deductible. Their denial letter is supposed to state “specific” reasons for denial. You can scan and email a copy of the denial letter to info@insuranceclaimhelp.org if you like, for us to review.

  44. May 26th, 2010 at 5:52 am #Anita

    No – they are saying the water damage happened after the storm and want us to file a new claim. However, we no longer have them as our insurance company, thus they would not be responsible for the claim. We are saying the water damage happened during the storm and should be included in our original claim. The storm came, pulled up our roof, the roofer’s tarped the damage and we waited in line for 9 months for the roofers to put on the roof. The water damage happened during the storm, but did not come to anyone’ attention until the roofers were hammering on the roof and part of the ceiling sheet rock fell. The ceilings are 12 – 20 feet high throughout the house, so no one looked up apparently as time went on. So, we believe the water damage was caused by the storm – we had no damage prior to the storm.

    Thanks for any help you can give us.

  45. May 27th, 2010 at 11:19 pm #admin

    Anita,

    Well, if the damage allegedly happened during that storm and you have an all risk policy with named exclusions (as do 99% of policy holders), then the burden to disprove your claim is on the insurer. If they can’t disprove it, and persist in the denial, then you sue them, or give up, or continue to pester them.

  46. June 5th, 2010 at 2:13 pm #Bradley

    We purchased about 1 year ago with a spot of water damage in one of the rooms. Closing conditions were for the seller to repair. Through the course of the past year, it has become apparent that seller only repaired the symptoms of the leak, not the cause. In addition, the roof in general is in pretty bad shape, with some rotten shakes, missing shakes, old hail damage, moss, etc. We had a home inspection prior to purchase but the roof had snow on it during the inspection so condition of the roof was not inspected. Seller disclosed that roof was in good shape, other than the one isolated leak.

    It is apparent i cannot delay on this roof any longer, but I am wondering if I have any options for claims with either the prior insurance company or current insurance company. I do not know if the previous owners got insurance money for the roof previously, but I doubt that I myself would be able to get any money from them without getting the courts involved which I would prefer not to do.

    Any help appreciated
    Thanks

  47. June 8th, 2010 at 11:28 pm #admin

    Bradley,

    Insurance won’t cover wear and tear. You will have to sue the seller for making false representation.

  48. June 14th, 2010 at 7:41 am #Dina

    We had lighting hit our home a year ago and had to replace the AC and Electrical box in our house. Now my car has been giving us one serious problem after another and the mechanic feels that it was from an eletrical surge. The damage to the car is the brain of the transmission and the brain of the car amoung some other things. Would an electrical surge be covered under car insurance? The mechanic is saying there is nothing else he can do to fix the car.

  49. June 16th, 2010 at 10:27 am #Sally Edwards

    Hi I had a accident at the beginning of the month. A car drove into my drivers side wing dented and scratted and scratted bumper. He admitted liability. My insurance company called today and as the damage is nearly as much as the car value they said it was a write off. I was at work and couldn’t talk properly so they are calling me back on Friday. Can I insist on getting 3 off my own quotes to have the vehicle repaired? I am fully comprehensive and am claiming against the other parties insurance. My vehicle is a ford fiesta S reg.
    Please any advise. Many thanks.

  50. June 21st, 2010 at 3:39 pm #admin

    Sally,
    They may pay you based as a total loss, but you can still keep the car and repair it. For extensive details on how to do this without getting burned get one of the eBooks at http://www.UClaim.com on Total loss Auto.

  51. June 21st, 2010 at 3:44 pm #admin

    Dina,
    Should be covered under comprehensive. But you will need the mechanic to put his opinion in writing. This is unusual. Was the car plugged into the house electrical system? Exactly how could lightning get the car? I thought cars being on rubber tires should be immune from lightening?

  52. July 5th, 2010 at 1:31 am #Matthew

    Dear All.

    I was recently at a BBQ party where i was helping to erect a tent with the other party goers. I accidentally hit someone in the forehead with a tentpole resulting in a small cut and a scratch on his glasses. I was very apologetic and offerd to pay for the damages but the person insisted that there was no need, it was an accident and he was wealthy enough to pay for it and said this in front of witnesses. Two days later he has changed his mind and now wants my insurance details. Can i now refuse to compensate him?

  53. July 5th, 2010 at 10:21 pm #admin

    Matthew,
    IMO, he can sue in small claims court for negligence for as long as your state allows. I myself would not turn in such a small claim to insurance.

  54. July 14th, 2010 at 5:42 am #tony

    my daudater was in a motorcycle acciendent she was not at fault. she had comp only so the other insurance company is paying . her bike was a complete lost. she broke her leg cant work , or drive her truck , it is a stick shift. the drivers insurance copmany has totaled her bike , provided her with a car, they contacted her a week ago , informed her the bike was a complete lost but did not give her amount for settlelment, wanted promission to pick up the bike , she said no , not with out a amount for the bike . told her that she had three days to return the car , and told her that she had to pay storage from that point on to the shop where the bike is . it was over a week from that point that the insurance company gave her a amount, is this legal. please help
    thanks tony

  55. August 11th, 2010 at 4:54 pm #Trisha

    My son was driving home from work in a storm and lightning hit the driver side mirror, blew the mirror itself out along with a small panel on the inside of the door, and disabled the car. It wouldn’t start, interior lights, windows, etc would not work…but battery had to be disconnected to turn the headlights off. The spot where the mirror was connected is charred looking and our son had a hard time hearing for a couple of days due to the sound of the strike. Long story short…the insurance adjuster now says that unless we can prove there was a storm with lightning they will deny the claim. How do you prove that sort of thing?

  56. August 17th, 2010 at 10:45 pm #admin

    Trisha,

    Well first find an expert who will say that lightening can hit a car with rubber wheels, because all I have ever heard is that you are safe in a car. Then maybe get a weatherman from a TV station who will say there could have been lightening on that day? And it may be that the “burden to disprove” the claim is on the insurer since the auto policy comprehensive coverage says “we cover everything other than collision.”

  57. September 6th, 2010 at 6:34 am #W badowski

    I work as a independent bookkeeper on contract and fell at one of my clients stairs (the railing came away from the wall and threw me off the stairs. I have a fractured pelvis and have been out of work for 3 weeks now. Can I sue my client for loss of wages and for my suffering and inconvenience such as not being able to drive etc.

  58. October 6th, 2010 at 2:57 am #Kyle

    Hi. I was in a recent accident. Driving in the winter, and it was not easy, but not too difficult. The ground was covered in a sheet of ice when we got home, could hardly walk. There was alot of other things to consider as the accident appeared “partially socially desired” and the other driver was rather studdering on saying why wasn’t I dead.
    What troubles me is the other driver admitted to being on the phone in that storm and letting go of the wheel. And later when talking to the other drivers insurance… amist all the technical and otherwise talk… the dude was stuttering atleast close to the same sentence. After the accident I tried for a claim, but due to my head hurting like crazy, I felt weak and claimed it partially might have been me. I now don’t think it was me after all the fog in my mind has left. I was wondering if you had any ideas.

  59. November 16th, 2010 at 4:44 am #Gary

    I have a name of cow owner and could I against them for reponsbility damage of my truck in pretty total?

  60. February 2nd, 2011 at 3:29 pm #Curtis

    I had a water pipe break due to cold tempatures. The insurance is replacing the wall but not the carpet. He did a moisture test and found none but it took him three weeks to come to my house for the claim. Should my carpet still be covered even though it took three weeks to dry?

  61. February 13th, 2011 at 4:02 pm #Janet Fild

    I called my insurance company to ascertain coverage for bariatric surgery. I was told that the surgery I was interested in was covered and I didn’t need prior authorization and that as long as I met the qualifications for the surgery through the doctor’s office and the insurance company, that it would be covered. She said that I did meet the qualifications through the insurance company. We discussed the doctors in the practice I was planning to use and determined that they did indeed participate with my plan. I felt confident after our discussion that I would be safe in proceeding down the path toward having this surgery. I in fact did proceed and went through several doctor appts. as well as testing procedures and meeting with a behaviorist to determine that I was a good candidate for the surgery. It was determined that I met the qualifications and that indeed was a good candidate and all that was left was for the insurance to officially approve the surgery and then to set a date. I was then notified by the doctor’s office that the insurance company had denied the pre authorization stating that this surgery was excluded from my policy. I of course knew this couldn’t be the case, per my discussion with the customer service representative for the insurance company who had told me I would be covered. My husband called them on the date I was notified of the denial, to figure out the problem and was told that according to the notes of the customer service representative I spoke with, she had told me that this surgery was not covered under my policy. I was shocked, as this was in direct contrast to the conversation I remembered! My husband called again the same day and asked for a supervisor to review the conversation. A woman identifying herself as a supervisor, called him back very quickly the same evening and informed him that I had been correct in my recollection of the conversation and that not only had I been told that the surgery was covered, but that the customer service representative involved had falsified her notes re: our conversation. I was also told that had this mistake been realized after I had already had surgery, that the insurance company would have covered it, but since I had not actually had the surgery yet, they were not obligated to cover it. I spoke with the supervisor again myself and was told the same information. She seemed sympathetic to my situation, but offered no assistance as far as resolving the grievous error that had occurred. I did request a transcript of my original phone call with the customer service representative, and they are working on getting that for me. I was/am devastated by this whole experience, having done the right thing in determining if my desired surgery was covered prior to going forward with the process, and having gone through the whole process of being approved for the surgery and also having paid money out of pocket to the doctor’s office toward the surgery, only to have the whole process come to a screeching halt at the last minute due to misinformation and deceit on the part of the insurance company employee! I would like to know if there is any culpability on the part of the insurance company that would require them to proceed with coverage as the error was on their part and especially as, not only was I given incorrect information, but also that the information was falsified on the part of the customer service representative. Do I have any recourse in this case? I thank you for your attention as well as any and all help you can give, as it is an error that has caused me great emotional distress as well as financial loss.

  62. March 5th, 2011 at 11:05 am #joe

    I have allstate. My roof is 16 years old. The roof shingles do have some significant curled edges especially on the southerly exposure. In the last blizzard that hit the Chicago area about 30-50 shingles blew off my roof. About 6 houses on my block incurred similar damage. I am concerned my claim will be denied because of the condition of my roof. Any advice on dealing with the adjuster?

  63. March 25th, 2011 at 8:13 am #kathy jackson

    I have a question on life insurance how long does it uassually take to pay off a claim after some one dies?

  64. April 6th, 2011 at 8:58 am #pat

    can i leave the country while waiting to receave a claim??

  65. April 25th, 2011 at 6:35 pm #Sandra

    Our insurance company sent check amount of $4000.00 to me with mortgage company listed, to fix our roof. And I called Mortgage co about it and they asked me to send the check to them and they will send first half to us and to start repair with contractor. my question is, although my mortgage co issued us the check amount $4000.00, my roof contractor only quoted $1500.00 to fix the roof. What will happen to the difference $2500.00. Can my mortage company reissue us the check for the amount and can we keep it? or insurance company will take it back?

  66. May 25th, 2011 at 11:05 pm #kiki

    My mortgage payments are escrowed so If I am late on making my mortgage payment and damage is sustained to my house can they refuse to cover it?

  67. June 6th, 2011 at 6:48 am #Vivi

    We recently received the invoice from our contractor for storm damage. We opted out of a couple of items that the estimator included, but the contractor made the bill match the amount of money we received. He added one item called “Overhead” even though he didn’t do any extra work. Can he do this?

  68. June 9th, 2011 at 1:41 pm #admin

    To all of our great contributors:
    You may show your company name and website address at the end of each post if you think our visitors might benefit from your services.

  69. June 21st, 2011 at 2:49 pm #tommy

    I was in a motorcycle acc. back in Oct. of last year had to have surgery to re-attach my right fibula and broke my spine in several places. The insurance company of the man at fault only payed out 25,000 i only recieved 10,000 of it i,m not able to work and am paying my own medical bills.Can i go back and try a civil suit against the man responsible for the wreak?Unfortantly i had no insurance on the bike at the time

  70. June 25th, 2011 at 2:44 pm #jenni

    I owe the IRS about 6000 and was in a car wreck that left me with back surgeries & doctor bills. Will the IRS get there money out of my claim settlement?

  71. June 28th, 2011 at 2:14 pm #Doug

    Help! I have what has been recognized as haile damage to windows and asphalt roof. The roof is about 15 years old. Problem is the adjuster has submitted a partial damage(one bundle-1/3 square) to the insurance company. The partial damage is on the street side of the house. Seems all shingles should be replaced if for no other reason, matching. Also, there is other damage, just not as bad. Can they do that?

  72. August 3rd, 2011 at 4:11 pm #Jason

    Doug,
    If hail is damaging your windows it would seem that the hail was of sufficient size and hardness to cause damage to your asphalt shingles. Did you insurance company pay for the broken windows?

    Oh, insurance doesn’t owe for matching in many places. So, if they don’t follow that practice to make sure it matches, then it is likely not required by law for the insurance company to make sure it matches.

  73. August 6th, 2011 at 12:25 pm #shawn lewis

    I was in an accident the other persons insurance company gave me a very low repair check of 1300 dollars.I have since gone to a real body shop and received an estimate of 2300 to 3000 dollars for repairs.now the want to give the shop of my choosing any suppliment checks needed,I have not cashed the original check I own the truck and don’t feel as if I need a shop as a middle man .I want all of the money owed to me what should/can i do legally?please help

  74. August 6th, 2011 at 1:00 pm #Jason

    Shawn,
    That’s the way the system works. Either you can take the money they offer or you can get your vehicle fixed.

    If you get the vehicle fixed, you are back to before the accident happened. And you shouldn’t care how much it cost to fix your vehicle since it got fixed to the way it was before it was damaged.

    If you want to take cash in lieu of getting the vehicle fixed, that is your option. It seems it may not be the total sum of the damage but that is how it works sometimes.

    You do have an option of running it through your insurance and providing them with accurate repair estimates so they can then pay you the amount of the damages and you can repair it or not. (Your insurance company would then ask the other person’s insurance company to reimburse them for what they paid. They would ask for your deductible to return that to you.)

    You have some options here. The choice is really yours to make.

  75. August 9th, 2011 at 9:14 am #David

    Hello. My apartment was destroyed by fire last year. The fire started in the unit below mine. I had renter’s insurance and they totaled my losses at $28K, but only paid me $23K. Can I somehow recover the $5K difference? Just so you know, the tenant who started the fire has since skipped town, so I can’t file a claim with her insurance company (if she indeed had one). Many thanks.

  76. August 9th, 2011 at 12:34 pm #michael

    MY DAD WAS TO WORK ON A CAR THE INSURANCE COMPANY SENT HIM A CHECK BUT THE BANK WONT CASH IT BECAUSE ITS IN HIS THE OWNERS NAME AND MY DADS AUTO BODY SHOP WHAT SHAOLD HAPPEN

  77. August 9th, 2011 at 4:09 pm #Jason

    David,
    Your insurance likely paid you the ACV (actual cash value) of your loss. The way to recover the $5000 is to replace the damaged items and then make a claim for the recoverable depreciation which is the amount they depreciated your items. There will be time frame in which you need to do this.

    Simply talk to your insurance company and ask them specifically what you need to do to recover the difference.

  78. August 9th, 2011 at 4:10 pm #Jason

    Michael,
    The repairs will need to be made and then have the owner sign the check that you then retain and then you can cash it because it will be endorsed by the owner.

  79. August 10th, 2011 at 8:01 am #Jenni

    Hi,
    We had a lot storms this year in La Vista (small town next to Omaha, NE) and a lot houses had hail damages. We have a rental house in the neighborhood. Last week I just found out all our the houses except ours haven’t filed a calim for hail damages. 99% of the houses had their roofs or siddings replaced at this time. When I stopped by yesterday, there were 2 houses accross street from ours in the processing replace their roofs. I filed a claim last monday and this tuesday an adjustor contacted me while he was on our roof. I asked him if he sees any hail damages, he said not really but he notices a few damages on the shutters and siddings. He said its not necessary to have hail dames on the roof when it’s around the house. I was puzzled, how can that be. I asked the contractor from accross street to take a look of our roof, he told me he saw a lot hail damages just like the roof he is working on now. When I told him what the adjustor just told me, he laughed and she the adjustor must be out of his mind. At this time, I’m still waiting to hear back from the adjustor, he said will get back to me in 10 days because he is on vacation. If the claimed turned down, what’s my next step?

    Thank you for your time!

  80. August 10th, 2011 at 3:56 pm #Jason

    Jenni,
    Don’t get too excited. If you don’t have hail damage, that is great. Some roofs are more easily damaged by hail than others. Roofs that are older and brittle will be affected by hail while a newer roof may not sustain any damaged. Just because other roofs have hail damage does not have anything to do with your roof. Your roof was inspected and the adjuster said “not really”. Well, either there is hail damage or there isn’t. There is no in-between.

    Now, if there is some hail damage on your roof and it is a newer roof, the roof may simply be repaired. That means replacing the shingles that were damaged by hail. Not all roofs that are subject to hail are damaged, and some that are can be repaired.

    Another point is that if hail comes done from a certain direction, it may damage roof slopes on the side that the hail fell from if it was wind-blown hail while other slopes may not have been affected.

    Now to get to your question – Your next step is to wait to hear from your insurance company about what kind of damage your home sustained and their proposal of how to settle your claim.

    If you have a contractor in mind, you can have that contractor inspect the roof with the claims adjuster and they can determine the roof condition together. But let this take it’s course right now and don’t jump the gun on what the adjuster said.

  81. August 12th, 2011 at 8:55 am #jenni

    Thank you Jason. Our roof is 8 years old, the adjustor said it’s normal to show the roof is “old” because it’s not new. I will wait to hear back from him when he is back from vacation. Thank you very much!

  82. August 17th, 2011 at 8:57 pm #John

    Had hail/wind damage in ’09. Got a check for the ACV minus the deductible in December ’09. While I was shopping for the best roofer for the job life happened and I had to use the money for other stuff. I’ve patched the roof as needed and now have the money back to complete the job. I juat read the letter that came with the check stating that I only had 180 days. Oh boy.

    What should I do? I’ve been able to piece together the original “ACV” money but I’ll need the difference between the cash value and full replacement value once the roof is done. What should I do?

  83. August 17th, 2011 at 11:55 pm #Hansjoerg Enderlin

    The Insurance company send a check for storm damage made out to the Owners and the mortgage company . The check was send to Wells Fargo for endorsement and they are draging their feet to endorse it. What is their right or stipulation from keeping them to endorse the check ??
    I appreciate a reply Thank you

  84. August 18th, 2011 at 6:18 am #Jason

    John,
    The initial money is basically a down-payment to hire a contractor and get the work done. When the work is completed, the rest can be obtained to pay the rest of the balance.

    If you look closely to the wording of the policy in reference to that 180 days, it indicates you need to give the insurance company notice of your intent to claim the recoverable depreciation (difference between replacement cost and ACV) and you generally get a year to do the work and make a claim for the difference.

    The best thing to do is to call your insurance company. Talk to them about the situation that you intend to get the work done, what you need to do, and the time frame that you have to make the claim for the rest of the funds.

  85. August 18th, 2011 at 6:23 am #Jason

    Hansjoerg Enderlin,
    The bank is not dragging their feet. They will hold onto the check until the repairs are completed. If you need those funds to do the repair, the bank will release those funds as the work is completed.

    You really need to call the bank to make arrangements with them so you can have funds available if you need the money so you can get the work done.

  86. August 19th, 2011 at 11:28 am #Ian

    I have a question about Property damages to a house. If there is a covered loss in the State of NJ and there is damage to siding. Is there any law or case law that requires the insurance company to match the per-existing siding? Policy say that it affects damages sections only, but what if it doesn’t match?.

  87. August 20th, 2011 at 7:16 am #Jason

    Ian,
    The contractual agreement you have with the insurance company is to replace the direct damage. The insurance company can put on new siding but replaced siding will never match the existing siding, even if the exact same color because of fading and oxidation. Over time, however, the new siding will fade to what the existing siding looks like.

    The option you have to make sure it matches is to replace all the siding. However, to do that would require you to foot that portion of the bill. You just have to ask yourself, “How important is it to have matching siding?”.

    If you believe the siding is not available to get even close to what you have existing on your home, simply keep pushing the insurance company. They might concede to allow more siding to be replaced. It’s really up to how persuasive you can be and how often and how loud you complain. But do it nicely without being obnoxious.

    I don’t know if there is case law that will support replacing all the siding. That would require a published opinion based on an appeal and insurance companies will fight that issue with a vengeance because it would set a precedent on all future claim handling. (I’ve done a quick search to find if there was any published opinions and did not find a single one in your state.)

  88. September 3rd, 2011 at 5:40 pm #ken hunt

    With all the subsidies around now to have solar panels installed on your roof, I’m wonderind if the solar panels are covered by insurance if your house is in a hail storm and solar panels are damaged, or worse, destroyed.
    Are they covered by the bullshit policies that a lot of people were led to believe, covered by they’re insurance companies, only to be told there was no way they will pay,

  89. September 3rd, 2011 at 8:10 pm #jenni

    Hi Jason,

    This is Jenni from Omaha. I finally heard back from my insurance adjustor, after over 3 weeks, they decided to buy me a new roof. Although it took at least one month longer than all my neighbors (my house is the last one in the whole neighborhood to have the roof replaced), I’m still glad they are going to do it for me. My question is after this whole thing is done, should I shopp for a new insurance carrier or stay with the same company. They sure acted very slow on my claim. I waited 4 weeks to hear back from them.

  90. September 9th, 2011 at 2:17 pm #Jason

    Jenni,
    Whether or not you stay with them is up to you. The rule of thumb is you should shop for insurance about every 3 years to find out if you have the right coverage and at the best price. I’m glad you are getting your roof replaced. Remember that you have 180 days to do so and to make a claim for the rest of the money that they applies as depreciation. The amount you can claim after the roof is on is called recoverable depreciation. This only applies if you have a replacement coverage policy.

  91. September 10th, 2011 at 5:50 pm #Jits308

    Hi
    Recently in NJ, we had IRENE and my car got affected. Water was inside by car for atleast 3-4 inch.

    It caused following damage told me by Honda Dealer and NO ENGINE DAMAGE.

    1. Carpets in entire Car
    2. Battery Dead
    3. Spark Plugs
    4. Injector Coil and carburetor.

    I have comprehensive coverage with $500 deductible.

    I have couple questions

    1. Honda Dealer told me that I have to Pay for the Battery as it won’t be covered by Insurance ? Is this true that I am liable to pay the amount of Battery or Insurance Company is liable ?

    2. Once I take my car from Dealer (after he claim – CAR IS READY TO PICK UP) and I see problems…and problems require some change in parts which is expensive or i see engine lights on dashboard…

    Should I go back to dealer or Auto insurance.

    Thanks in advance.

    Jitesh

  92. September 10th, 2011 at 7:22 pm #Jason

    Jits308,
    From what you mentioned you have a flooded car. If you have comprehensive insurance, the car should be totaled. Generally, insurance companies won’t pay for consumables such as gasoline, batteries, and the like. However, if the battery is directly damaged by water, it should be paid for by the insurance company.

    As to the second question you pose – I pose this question, Why isn’t your car totaled? If water was in the interior and damaged your battery, spark plugs, etc, the car was under water. That is what is considered a flood totaled car. The insurance needs to total this car instead of what it is doing.

  93. September 11th, 2011 at 12:28 am #Jits308

    Thanks Jason for answers.

    Jason Replied >>>> As to the second question you pose – I pose this question, Why isn’t your car totaled? If water was in the interior and damaged your battery, spark plugs, etc, the car was under water. That is what is considered a flood totaled car. The insurance needs to total this car instead of what it is doing.

    Jitesh Replied >>>>> No idea, why didn’t dealer totaled car. Car was taken to Honda Dealer and dealer said that water didn’t touch the Engine. As the water ran inside the car it short circuit the computer and destroyed the complete mat as well carpet. As I told other things dealer changed is battery, spark plug, something they mentioned about fuel injector and carburetor. Dealer say battery got drained…water didn’t touch battery. I know car was not covered under water but 2-3 inches door was inside water. Water inside car didn’t even touch the carseat or gear system..its 2 inch over mat.

    My concern was battery cost and foregoing/surprise technical issues in car, once take delivery from the dealer. How am I going to deal ???

    Please let me know your thoughts.

    Thanks
    Jitesh

  94. September 11th, 2011 at 6:32 am #Jason

    Jitesh,
    If you have a car that was under water, and affected the battery, spark plugs, computer components of the car and they are telling you the motor was not submerged, there is something incredibly wrong here. If the car was only partially submerged, it was submerged enough to do the damage to all components of the car.

    Now to address your question. You will have on-going problems with this car. How will you deal with it? By the insurance company totaling this car right now. There is no way that this car should not be totaled.

  95. September 11th, 2011 at 9:57 am #Jits308

    Jason
    Thanks again!!!!

    I will try to talk to insurance and Honda Delar and if they insurance refuse to do total…what are my options.

    Thanks
    Jitesh

  96. September 11th, 2011 at 11:01 am #Jason

    Jitesh,
    The insurance company is the one that makes the decision to total, not the dealership. The dealership has nothing to do with your contract with the insurance company. It sounds like the insurance company may be taking advantage of your lack of understanding and knowledge about insurance and the claim process. That is very discouraging that this is happening.

    Your options are to insist that the car meets the requirements of being totaled. That is what happens to vehicles that are flooded. You have an agent. Talk to your agent about what is happening. Ask to talk to the claims manager about why this flooded vehicle is not being totaled. You have to be assertive with your claim so they don’t just dry out your car, fix some components, and get it back to you. The reason flooded cars are totaled is because of all the future problems that can, and will, arise on the car in the future.

  97. September 11th, 2011 at 8:38 pm #Donna Harrold

    Question: Insurance Co. They have never been to the house- my mother has lived here since the house was built around 68 years ago. Never filed a claim. I have been living with her since she broke her hip and had it operated on 2 years ago. She will be 100 in Oct. With the hurricane and all the rain we had a week and half ago, the electricity went out all over. No electricity – no sump pump working. I bailed water for 4 hours from the sump pump – got no where, so I stopped at 3:30 a.m. Sunday morning. We had 1/4 of the basement done by Owings Corning Basement System 2 years ago. The carpet and padding was soaked all over. I had moved my video equipment out of the room and put up high. The electricity did not come back on until 10:00 Monday night. I had hooked up a generator Monday morning. Called insurance Co. not covered-never came out to the house. Received letter 9/2/11 – we have completed our investigation of your homeowner’s claim for damage to interior of your home. The damage was caused by seepage. What kind of home owners is this.

  98. September 11th, 2011 at 9:53 pm #Jason

    Donna,
    Do you have an insurance related question?

  99. September 12th, 2011 at 8:14 am #Donna Harrold

    I would like to know why the insurance company will not cover this claim, when the damage was done because the power was out for several days and the sunk pump could not operate. The reason they sent to us is stupid—The damage was due to seepage. No problems before, the house has had water drain system installed years ago, plus the sunk pump.
    Definition of Seepage–the slow movement of water through a soil. The quantity of water which has slowly moved through a porous material, such as soil.

    Does any insurance company cover damage due to power outage to a home and an entire area.????
    Donna

  100. September 12th, 2011 at 8:23 pm #Jason

    Water at or below ground level is excluded. Does any company cover that? Probably not.

  101. September 13th, 2011 at 9:14 pm #Eric

    My Wife and I bought our home a year and 5 months ago. A few weeks ago I noticed water droplets inside of a picture frame in our baby’s room (she is yet to sleep in her room, she sleeps in a pack-N-Play in our room. The wet frame left a black residue on the wall, I cut out a piece of the drywall to see what was going on and found that the wall was wet and was deteriorating. The house is stucco with wood frame. I’m no expert in wood rot, but it appears the studs and plywood were severely rotted. I could see the back of the stucco from inside the house.

    Anyway, the insurance company is more than likely going to deny the claim, the insurance inspector feels the damage was pre-existing prior to our policy date. We (including the insurance adjuster, “The Leak Doctor” and a few contractors) have been unable to determine the entry point of the water (assuming it is from the roof line against the stucco wall). The insurance company is sending out a structural engineer to inspect the roof and wall to determine how long the damage has been there.

    1. If their engineer somehow determines the date of when the studs began to “rot” was prior to the policy date (we have had our policy for a little over a year) is there any recourse opportunities against the bank that sold us the home?…yes this was a foreclosure. It sat for 2 years and the bank came in and sprayed everything white, conveniently covering up any watermarks before they showed the home. Neighbors claim that “the bank did a lot of work to get the house to a point where it could be put on the market”.

    2. Is this engineer tactic a ploy to get us to respect the decision of the insurance company to deny the claim? Do these types of analyses typically hold up in court? Should we have an independent engineer present during the inspection?

    Thank you for any assistance you can provide, my wife and I are freaking out at this point as we do not have the funds to cover this potentially costly repair.

    -Eric

  102. September 13th, 2011 at 9:46 pm #Jason

    Eric,
    No, there won’t be any recourse to seek from the bank. I’m certain they sold the house as is just like most house sales are made.

    The engineer thing isn’t a tactic. These engineers will inspect and provide their findings in a report. Yes, these engineer reports hold up in court.

    If you want to pay for an independent engineer, you can do that but why do you want to pay for an engineer when you already know that this is rotten material, there is water getting back there and it has been happening for quite a long time? You would be better off saving some money to take on this project when you’re going to have to address the house fix. Oh, this isn’t a potentially costly repair, it is a costly repair. There is no doubt about it.

  103. September 25th, 2011 at 7:00 pm #BellaKat

    I am a commission based hairdresser and work for a small business that is located in a strip mall. We recently got some water damage from the roof and has caused some mold in the walls. My boss is closing down the shop for renovations for a week, and is leaving her staff to dry with no pay. My question is: If its an insurance claim, shouldn’t employee wages be covered?

  104. September 26th, 2011 at 6:54 pm #Brandi

    I own a townhouse condominium and the 2 inch water main into my home busted below my concrete slab, causing my home (and my neighbors) to flood with significant damage. My HOA has a master policy which should be covering the pipe repair and repair to my common elements, I’m also under the impression that it will repair the cost of my flooring/drywall/cabinetry, however it excludes “betterments” which my Condo policy should cover (I think?). My question is about process as my property manager hasn’t communicated anything to me. How do I know what my “budget” is so that I can begin making repairs? What kind of information should I be provided and should the property manager be providing me updates? I just don’t understand how the master and personal policy will reconcile.

    Also, for my loss of personal property, can I claim a dishwasher that still functions, but has become rusty and was taken apart during the drying process? My lower cabinets were removed, will insurance cover matching the top cabinets to the replacement cabinets?

    The break was due to polybutylene piping (class action lawsuit against it), which all of my neighbors have in their yards as well (I am “downstream”). Plumbers say its “when” not “if” in terms of them bursting as well. If I flood again due to a neighbors piping, will I be covered again? These homes were built in ’94!

    Thanks.

  105. September 26th, 2011 at 7:42 pm #Jason

    BellaKat,
    People and businesses have insurance to protect them if there is physical damage to property and loss of business income. There may be business interruption insurance that your employer has. However, insurance is for the benefit of the person that pays the premium and has the insurance policy. The question that I have for you is – Did you buy an insurance interruption policy that you can make a claim for this time in which you won’t have any income? If you did, then make a claim. If you answer no, then your loss of income is what we commonly call being “self insured” and you have to absorb your losses when they occur.

  106. September 26th, 2011 at 7:52 pm #Jason

    Brandi,
    Make a claim with your condo insurance company. You can basically expect nothing from the master policy. There might be cases when the master policy will cover all items (like your floor) and then ask your personal condo policy to reimburse them for what they did for your unit. This usually happens when a common wall cannot be repaired unless they also repair a unit owner’s wall at the same time or before they can repair their wall. Get your insurance company involved and ask them to explain what you are allowed to do and what allowances there are for you.

    Also, if you have a decent condo policy, they will be covering your damage at replacement cost rather than applying betterment (depreciation). The master policy and the unit owner’s policy deal with reimbursing only ACV because that is what they owe for. The agreement for replacement is between the policy holder (you) and your personal condo policy.

    Even if your insurance company isn’t actively participating in the claim, they will have a claim open because they anticipate reimbursing the master policy when that policy asks for money. You should be able to ask your insurance company any question you want because they stay up to speed on the entire claim process.

  107. October 5th, 2011 at 4:59 pm #admin

    Dear website visitors,

    Most of our questions and answers for October 3rd and 4th were lost as a result of a malware attack on our website. In addition, some of our pages were “redirected” to malware websites. We have now incorporated stronger security measures.

    While we have no proof as to the original source of the hackers, suffice to say that this website had never experienced hacking problems until shortly after we posted the page “BOYCOTT FARMERS INSURANCE?” which exposed criminal acts by Farmer’s CEO and their Los Angeles based attorney Richard O Knapp.

  108. October 6th, 2011 at 6:40 am #Johnny

    My ex-girlfriend has threatened to burn down my house. She is unstable and I think she actually might burn the place down. I am out of the country and I am worried that if she does it will be considered arson and I will not be insured. The house is paid off and I am thinking about using it as an income property so I do not want to have to worry. If she does burn the place down will I be covered?? Please get back to me asap so that I can sleep at night. Thank you.

  109. October 6th, 2011 at 6:56 am #Jason

    Johnny,
    If she is an insured with you, then no, it wouldn’t be covered. However, if she is only an ex-girlfriend with no insurable interest in the house, it probably would be covered. We don’t like to project “what-if” scenarios because there are no facts to base our answers upon.

  110. October 7th, 2011 at 4:52 am #Johnny

    How can I find out for sure I will be covered? I mean this chick is crazy and she is just a ex-gf she has nothing to do with the house. It is in my name only. I contacted the police just so they know but even still I kind of like my house and my stuff in it, and don’t want it burned down. BUT… if this psycho does burn it down I need to know that I am covered 100%. Thanks for the quick reply Jason.

  111. October 7th, 2011 at 6:10 am #Dean

    Have a friend stay at the house. There’s more than just insurance matters here.

  112. October 7th, 2011 at 12:47 pm #Jason

    Johnny,
    The way you can find out for sure that you are covered is when damage occurs and your claim is processed and approved for payment. There is no way to determine if coverage will apply to some future event that has not happened.

    Is your policy built for coverage in case of someone burning down your house? Yes, it is. It is difficult to do “what if” scenarios because there are no facts related to this supposed situation.

  113. October 11th, 2011 at 3:53 pm #Kar

    I would believe that the deliberate setting of a fire would be covered as vandalism, just like any other deliberate damage. A police report would have to be filed along with the other evidence of the vandalism.

  114. October 12th, 2011 at 12:33 pm #KRIS

    I bought a 1998 chevy surburban, got it registered in my name even though i only have a permit, added the truck to my sis insurance (liability only). Car breaks down 1 month later. I sold it for $500. My dad did everything and he told me to get the car out my name but he didnt stress the importance, now im getting a letter from Farmers Ins. stating something idk about a claim and I have until October 13th to call them. what should I do? should I go along with this?

    -Lost

  115. October 12th, 2011 at 12:36 pm #KRIS

    Oh I bought the car in Feb. sold the car in March if that helps

  116. October 12th, 2011 at 12:39 pm #Jason

    Kris,
    It would be helpful if you provided us with all the information. If you want a complete answer we need the complete question.

    Please tell us about the accident if that is the reason for Farmers trying to reach you.

  117. October 12th, 2011 at 12:46 pm #John

    Ordered full coverage with Geico. Was told that was what I had. I should have checked. Apparently when you order “full coverage” with Geico it means something else to them than it does any other insurance carrier (no comprehensive).

    So I’m driving eastbound with the sun behind me when I notice the brake lights are on on the car in front of me. I saw two women in the car (mother and daughter) as I slammed on the brake I realized I would not stop in time so I swerved to avoid. I did scrape their rear passenger side bumper before jumping a ditch and totaling my truck on a tree. I call Geico and they say they will not pay because I did not hit the other car. Is this right? I’m sure the other car made a claim where I scraped them. Is that not enough to make it a multi-car accident? Does it actually even matter since I was at fault?

    FYI I did have $5000 medpay which went to hosptial and chiro bills.

  118. October 12th, 2011 at 12:58 pm #KRIS

    Thats the thing I sold the truck in March and I didnt get the truck transfered out of my name and now im getting mail from Farmers saying “A claim has been presented for the above referenced loss. It is important you contact me so we can properly resolve this claim.

    we have been attempting to contact you as you may have been involved in the referenced loss.

    While we conduct our investigation, it may be neccessary for you to take precautions to reduce amount of your damages……..

    Then it asK for liability insurance and if they dont hear from me by thursday they will close their file and assume i have no insurance.

  119. October 12th, 2011 at 1:02 pm #KRIS

    I dont know about the the accident or anything

  120. October 12th, 2011 at 2:15 pm #Jason

    John,
    There are 2 different physical damage coverages. One is collision which covers your vehicle should you collide with something such as a car or a tree.

    The other physical damage coverage is comprehensive which covers your vehicle if it is stolen, is flooded, or burns.

    Regardless whether your hit a tree or another car, the accident is a collision and would be covered under collision coverage and has nothing to do with comprehensive coverage.

    That leads me to believe the insurance you carried was for liability only. That covers you for liability claims against you for causing bodily injury or property damage to others.

  121. October 12th, 2011 at 2:19 pm #Jason

    Kris,
    Apparently your vehicle was in an accident. You can file a form with your department of motor vehicles indicating that you sold the truck so you are not the registered owner if something like this would come up again.

    As for the letter, you can call the insurance company and tell them the facts that include when you sold it.

    Or, you can do nothing. It’s up to you.

  122. October 13th, 2011 at 7:28 am #Nancy

    Daughter tapped a car in a target parking lot yesterday. The other person has already contacted my agent to file a claim and my insurance has contacted me.. Is it too late at this point to remove the claim and try to pay the girl cash for the damage?

  123. October 13th, 2011 at 7:37 am #Jason

    Nancy,
    You can pay this other person cash if you want. Is it too late? Probably. What has happened is that your insurance company is already aware of an at fault accident. Will this accident remain an at fault accident if you pay for it? Yes, it will. So, let the process continue and move on with life.

  124. October 13th, 2011 at 9:13 am #Kermit Silcox

    I have a question about Mold, I reciently had a pipe break in my home I was out of town and my wife was in the hospital this pipe ran for almost 1 month the house was flooded, the Insurance company said they will pay for the water damage but refuse to pay on anything that got moldy as a result of this leak, is there any recoirse for me or am I just screwed?

  125. October 13th, 2011 at 9:26 am #Jason

    Kermit,
    Since this broken pipe is a covered event and the water damaged your property, the water damage is covered. The mold is also part of the water damage and is also covered.

    For the insurance company to draw a line and say they will cover part of water damage and not cover the other part of the water damage is not correct.

    I don’t know the specific actions you need to take but bring this to a claim manager’s attention. You may need to discuss this with an attorney to get this resolved. Perhaps prior to an attorney, you may want to hire a public adjuster that is qualified to handle a claim of this nature.

    If you do hire a public adjuster, make sure that person is qualified and can help you before you enter into a contract with them.

  126. October 14th, 2011 at 10:46 pm #KRIS

    I called the insurance company and they said theres nothing i can do and i owe the guy my car hit. i dont have the paper the guy filled out to take to the dmv and i dont even know his info. i dont have proof i sold my car. So do i chalk it up as ignorance on my behalf or is there something i can do now?? And how do i get the car out of my name without the guys info to put on the paper??

  127. October 15th, 2011 at 7:30 am #Jason

    Kris,
    If you didn’t hit the guy, you don’t owe him anything. (If you did, then it’s another story). However, they need to prove you did that and that would require taking you to court and getting a judgment that concluded you hit him, and that you owe him money.

    The way the DMV thing works is that you provide them with a statement that you sold your vehicle on a certain date and that is it. You just state that it was sold on a certain date and some other details you feel are important. You don’t have to provide the buyers name.

    How do you get the vehicle out of your name? Read the prior paragraph I just wrote.

  128. October 15th, 2011 at 4:09 pm #KRIS

    Okay great

    Thanx Jason :) p.s I didn’t hit him lol

  129. October 18th, 2011 at 7:45 am #Lori

    Do I have the right to an unpire if the insurance company has denied my damagrd roof claim?

  130. October 18th, 2011 at 8:38 pm #Jason

    Lori,
    No, you would have to be in a dispute about the amount of damage of a claim that is not denied before that comes into play.

  131. October 18th, 2011 at 10:40 pm #Shelly

    I am being denied coverage on a homeowners claim for hail damage to my roof. I was paid out for damged to my enclosed deck roof (attached to my home) as well as a roof on another building on my property. I was also paid out for hail damge on the gutters on the home. The insurance company is denying hail damage on the roof of my home and indicating I have defective shingles. My shingles are 9 years old. They are begining to curl in one area of my roof and may be defective, based on my roofer’s opinion. However, the roofer also insists I have hail damage and that my insurance company is passing the buck on this. I have already expressed my dissatisfaction with the adjusters assessment and was assigned a second adjuster. Noth concur I have no hail damage. The roofer tells me I am absolutely getting “screwed”. He indicated I may get osme coverage on shingle warranty but that it will be minimal. Any suggestions on what I should do next.

  132. October 20th, 2011 at 5:54 pm #Jason

    Shelly,
    Have the roofer meet with one of those adjusters so your roofer can specifically point out the hail damage to the adjuster.

  133. October 26th, 2011 at 7:12 am #nicole

    hi i was invoved in a car accident in a parking lot yesterday. and when i was getting information from the insurance company they said after the adjuster comes out and looks at my car then they will cut a check for the damages and the check will be made to me and the body shop. does anyone know if i can just deposit the check in my account and pay the shope myself or does both people have to sign it for it to be deposited or cashed

  134. October 26th, 2011 at 7:16 am #Jason

    Nicole,
    If you can get the shop to endorse the check so you can deposit it into your account you would be able to do what you suggest. However, it is very unlikely the body shop will do that. See if you can get the adjuster to write the check just to you. Then you would have the opportunity to do what you suggest.

  135. November 4th, 2011 at 10:57 am #Ginger

    We lost our home to a massive wildfire in Sept. We were underinsured, so will have a balance due to the mortgage company. We will not be rebuilding. Do we need to continue our insurance policy, paid for thru escrow, when it is due in a few months?

  136. November 4th, 2011 at 1:42 pm #Jason

    Ginger,
    Your loss date is actually the last date you should be paying your premium. You may want to coordinate with your agent to have your policy canceled and also work out the details with your mortgage holder so they are not collecting escrow for insurance any longer.

  137. November 4th, 2011 at 3:49 pm #Uneeda

    I am the owner of a vehicle and the policy holder. I added my sister as a driver so she’d have a way to work. A vehicle backed into my parked car. Their Insurance company cut a check to my sister, but they told me it should have been cut to the policy holder. What action do I need to take? I think the insurance company and my sister should have been more responsible.

  138. November 4th, 2011 at 3:59 pm #Jason

    Uneeda,
    Have the insurance company stop payment on the check and issue it correctly.

  139. November 14th, 2011 at 9:27 pm #Saharah

    We moved into our 1st house almost 1 year ago. We were told by our inspector to ask the homeowner to remove the blocking in the basement. He noticed some of the boards in the DINING ROOM bay window dining room directly above (basement blocking) somewhat bowed…leading him to think there was water damage. Not too long after we moved in the upstairs BEDROOM bay window began to loose large pieces of painted. It all just began falling off the wet wall. Now we have full on leaks coming through the DINING ROOM windows and the wall is cracking on both sides of the entire bay window frame. What can we do? Is this covered by our insurance. I’m not sure exactly which plan we have but I also do not know if I should call to find out and then learn we don’t have the coverage for it, then try to get it and make a claim? Ugh so confused and annoyed…but need to get this persistent leak from the windows fixed before mold begins to grow. BTW this is a 25 year old home, recently remodeled in 09. I’m not sure who to call next…HELP please? Thank you for reading…..and sharing you knowledge.

  140. November 14th, 2011 at 9:45 pm #Jason

    Sharah,
    We don’t promote people to mislead their insurance companies because that would be considered fraud. So, for whatever condition is happening in your house, it has occurred alrady and now you are concerned. Whatever insurance you have is the insurance that would be there and to change that to form to what is happening is not something anyone should do. It is very likely you have the standard HO-3 policy. From what you described, we would need an event like fire, a vehicle hitting into your home, hail falling and causing damage, or something that will cause direct physical damage to your home. Generally water at or below ground level is excluded from coverage if it damages your house. From you post, I can’t tell what is going on with your house.

    Now you are indicating the wall is cracking on both sides of your bay window, water leaking thorough that bay window or the dining room window (I can’t tell) and paint that is falling off. Unless you left something out, water coming in through a window is a condition and not damage. What is causing the paint to fall off? Wet walls? If there is not enough moisture barrier on your house to prevent water from coming in though the walls or the windows, then that sounds like it may be a maintenance concern. Unless you can be more specific, I don’t see that a homeowner policy will cover what you have described.

  141. November 16th, 2011 at 6:26 am #Lisa

    My husband and I were in an accident where another driver lost control of her vehicle and hit us, damaging our brand new car very badly, but probably not enough to total it. Fortunately none of us were hurt, just a couple of bumps and bruises.

    She admitted fault and was cited for driving too fast under adverse conditions (it was drizzling and we were going down the interstate).

    Should I file a claim with my insurance or with hers (State Farm)? My concern is that if they just repair my car, it will still have lost value because of being wrecked through no fault of mine. Also I have a $500 deductible with my insurance and a limit of $1000 for a car rental.

    Any advice for me?

    Thanks in advance.

  142. November 16th, 2011 at 10:15 am #Jason

    Lisa,
    If this accident is determined to be the fault of the other driver, simply use your insurance to get this resolved quickly. Your insurance will settle your claim after applying your deductible.

    After your claim is paid, your insurance will ask the other insurance company to reimburse what they paid including your deductible. When they get your deductible, they will reimburse it to you.

    However, if you want to go through state farm (her insurance company), then you would avoid having to pay your deductible but it might take a little longer because her insurance company will have to determine who is at fault though an investigation. The investigation could be relatively simple or it can be complex and time consuming.

    Settlement with either company will be nearly the same for a rental car. The rental allowance with either company will b around $25/day. You would have to be in a rental car for almost a month and a half in order to consume your rental coverage limit of $1000.

  143. November 17th, 2011 at 2:06 pm #Ty

    My house got damaged in a huge hail storm in Phoenix in October 2010, I put a claim in in April. Insurance agreed to pay for a new roof and AC unit. I am trying to put the AC on now November 2011, they say since I didn’t finish the work by October 2011, it is past the time that they will pay out on the claim. Can they do that it has been 8 months since they approved claim how is that right?

  144. November 17th, 2011 at 4:08 pm #Jason

    Ty,
    The insurance policy has either a 180 day or 1 year time limitation to claim the recoverable deprecation. You can review what time limitation you have by referring to your policy. I believe it is found under the Loss Settlement part of the policy.

  145. November 29th, 2011 at 9:37 am #Ford

    I live in Canada, recently I moved, had things stolen, am claiming it through my insurance, but they want to give me a cash value NOT the replacement cost, rather they want me to go out and buy replacement items, give a receipt and they will cover the difference. So “technically” I get the the replacement cost, but not outright. Is there anyway I can fight to get the replacement cost – over $26grand, compared to the cash value at $14grand.

  146. November 29th, 2011 at 6:39 pm #Dink

    I had a kitchen fire June 06 2011. We were unable to stay in the house due to the severety of damages. The kitchen was incinerated. The remainder of house has mostly smoke and water damage. I had the check in the mail on 07-05 2011 for the damages. I have no complaints at all with that.
    The adjuster said, he would contact a service to help us find a rental house. He said if I found something myself to let him know. He gave me a sheet of paper that showed my coverage and deductibles. He pointed out everything on the paper and read it. He said, “You have $26,300.00 for,
    Loss of Use, that can be used for a rental, until we could move back in. He said you also have $92,050.00 for personal property.”
    I did not know I had this much coverage. I told him that was a lot and he said, yeah. You can get a place at the beach and live real good for a little while, or get something less expensive and have enough for a rental that will last long enough until you can move back into your house.
    We decided to rent a travel trailer so we could stay on the property with our stuff. We talked to him before getting it. He said that it would be ok, he said had another person even renting a motor home.
    The price for the rental is $2,583.00 per month. The first check we received was for $7,749.00. dated 06-20-2011.
    The second check is for, $5,166.00 dated 08-19-2011.
    The third check was for $2,583.00 dated 10-11-2011.

    Then we received a letter stating that the adjuster that was handling my claim would change it gave no reason why.
    A few days later I received another letter informing me, the insurance agent that I had was retiring and my insurance was being transferred to another agent. I guess that is why I got the letter informing me of my adjuster change.

    11-22-2011 I got a phone call from the new adjuster he asked how was everything going and had I moved back into my house yet, or was I about ready to. I told him everything was going ok I guess, I was cleaning in the house and I was still working on the personal property list. I told him I had told the other adjuster that it would be in the winter, December probably before I could get some time off work and really start work on the house. I work 6 days a week and out of town. I am only home on Sundays. In the meantime I am taking down sheetrock and washing what walls and woodwork I can.

    He said that it has been six months and he did not think they could renew this. I told him I had never heard that the payments would stop after six months or so, I told him the other adjuster had told me $26,300.00 and that is what the insurance Declarations page states. He said it is 26,300.00 but it is also for a reasonable amount of time and he feels that 6 months is reasonable and he did not think they could renew it. I told him I did not understand how it could be 26,300.00 or 6 mos. He said they probably won’t renew. Rent time has come and gone and no check. I guess I was dumped just like that.

    If you ask 10 people what is a reasonable amount of time you might get 10 different answers.

    I have been paying for $26,300.00 Loss of Use I have received $15,498.00, that leaves $10,802.00 that I feel I am entitled to if I had not moved back into my house.

    Can they just cut me off like that? Is there anything I can do?
    It they had told me from the beginning that the payments would stop after 6 months I would have been prepared, but why have I been paying for a certain amount of coverage and not be eligiblefor it?

    If they are right it is ok but I would, like to hear it from someone other than only them.

    Thanks for listening to my rant.
    Dink

  147. November 29th, 2011 at 9:06 pm #Jason

    Ford,
    Yes, you can fight the christmas lines in the stores and replace your property so your can recover your total amount of your loss. There are no other options.

  148. November 29th, 2011 at 9:47 pm #Jason

    Dink,
    It is reasonable to have a contractor and his team to come in and restore your house instead of you doing it 1 day a week. With smoke damage throughout your house and a lot of damage in the kitchen, the repairs and restoration should certainly be completed within 6 months. The insurance company pays based on what it should reasonably take in terms of time.

    Also, if you ask 10 different people how long it would take to repair your home using industry-wide repair procedures, all 10 would say it would be done in less than 6 months.

    You should have been prepared. This first adjuster should have been doing his job correctly instead of what he actually did. It’s too bad that you had to endure his poor claim handling.

  149. December 2nd, 2011 at 6:36 am #richard barrett

    If a claim is collected on lost jewelry, which is then found a few months later, what happens then?

  150. December 2nd, 2011 at 7:13 am #Jason

    Richard,
    You have been paid for your loss. The jewelry is now the property of the insurance company. Call them and inform them you found the jewelry. They may request that you forward it to them. Perhaps they can make another arrangement with you but you should let them know you have the jewelry.

  151. December 2nd, 2011 at 7:20 am #richard barrett

    jason, thanks for your answer. I won the bet. This question came up among a group of friends. I will inform the others who doubted me. this is in reference to the lost jewelry.

  152. December 2nd, 2011 at 7:26 am #richard

    Jason, a guy named Bobby from New York may contact you to reiterate the question. He doesn’t believe me.

  153. December 2nd, 2011 at 8:12 am #Jason

    Richard,
    If Bobby doesn’t believe that, he can review this part of a standard homeowner policy so he can understand that there is no question what needs to be done with recovered property.

    N. Recovered Property
    If you or we recover any property for which we have made payment under this policy, you or we will notify the other of the recovery. At your option, the property will be returned to or retained by you or it will become our property. If the recovered property is returned to or retained by you, the loss payment will be adjusted based on the amount you received for the recovered property.

  154. December 7th, 2011 at 11:03 am #good

    if a claim is less than the deductible what happens?

  155. December 21st, 2011 at 10:24 pm #Thomas

    Does anyone know if the following scenario would be possible? The insured installs distressed wood floors in their house five years ago at a cost of $50,000 and covers about 3,000 sqft, upstairs and downstairs. The dishwasher apparently leaks and causes damage to an isolated area around the dishwasher. The supplier of the floors no longer carries this type of distressed wood and the insurance company now agrees to do the entire house in a different distressed wood all over again. Is this plausible?

  156. December 22nd, 2011 at 8:44 am #Jason

    Thomas,
    We don’t address hypothetical scenarios.

  157. December 22nd, 2011 at 10:14 am #Thomas

    Jason,
    Thanks for the quick response back but the above scenario unfortunately was not hypothetical but one given to my wife from a family member who owes us alot of money. I did not believe it but I was trying to get some unbiased feedback from someone. It seems to me that an insurance company would source out a floor manufacturer to match the existing floor before paying out such a huge claim. Any comments you can provide would be much appreciated.

  158. December 22nd, 2011 at 11:06 am #Jason

    Thomas,
    If this is something “given to your wife from a family member who owes you a lot of money”, then that is nearly a hypothetical. You don’t know any of the information first-hand except through your wife who had the information relayed to her through a family member.

    Regardless, #781, 788, and 808 and their responses under Home Insurance Claims can probably give you some good insight.

  159. December 22nd, 2011 at 11:13 am #Thomas

    Jason,
    Thanks and have a nice Holiday Season.

  160. December 22nd, 2011 at 2:36 pm #Lorie

    My vehicle was stolen out of my driveway a few day’s ago. I had personal property in there valued around 500.00 to 750.00. Who should I be filing a claim with? My homeowners insurance said that if the property wasn’t inside the home, it is not covered. Is there anything I can do?

  161. December 22nd, 2011 at 2:42 pm #Lee

    My insured was hit by other party. The insurance carrier from other party keeps stating they can’t find their insured for statement.

    What can we do? It has been for few months; the adjustor keeps saying he is not able to reach his client.

  162. December 22nd, 2011 at 2:43 pm #Lee

    Lorei,

    Property belongs to the homeowner policy. Check your HO3 policy deductible.

  163. December 22nd, 2011 at 2:43 pm #Lorie

    My father in law passed away 14 month’s ago, the life insurance recently contacted my husband stating he and his siblings were the beneficiaries of the policy.They sent out forms to be filled out by each and then they received another form to be notarized, that was also done and sent back. They state now that they are waiting on a response from his younger brother. The family has not seen him in several years and do not know his wearabouts. How long do they have to pay out the policy?

  164. December 22nd, 2011 at 7:14 pm #Jason

    Lorie,
    If your personal property was stolen, your homeowner’s policy covers your personal property from the event of theft anywhere in the world. Whoever provided you the information that it wasn’t covered if in your car was incorrect. File this with your homeowner’s insurance.

  165. December 22nd, 2011 at 7:16 pm #Jason

    Lee,
    If you have an insured, that means you are the insurance company. Can you change your post so it makes sense? We would be happy to answer your questions.

  166. December 22nd, 2011 at 7:19 pm #Jason

    Lorie,
    That is up to the executor of the estate. It depends on how the will was written. With a will, it’s more important to get it correct than it is to process it timely.

  167. December 22nd, 2011 at 11:22 pm #John

    if my apartment that i had just got burnt down due to arson, and i didnt not have coverage, could i then file a claim threw the appartment

  168. December 23rd, 2011 at 7:19 am #Jason

    John,
    So you didn’t have insurance for your personal property. The one that has the most to lose if your property is damaged happens to be you and you have the option of getting insurance for that. The apartment’s interest lies with making sure they have the apartments to rent to others so they can keep their rental income from being affected.

    You are aware this fire was caused by arson. If the apartment was responsible for the arson (they lit the fire or they hired someone to burn down the apartment) then that would make sense to file a claim through their insurance or directly to the apartment itself.

    However, if the arsonist is no way involved with the apartment, then your best approach is to file a claim against the arsonist (because the arsonist’s actions caused your personal property to be destroyed).

  169. December 27th, 2011 at 5:35 pm #Lorie

    My suburban was stolen last week. The tires and rim’s were taken. The sunroof was also broken. It rained that same night. I finally found my vehicle the next day at a storage lot and called the insurance company. They asked if there was much damage. I told them about the tires,rims, and as well as the sunroof. Now I received a letter from my insurance company stating that I am responsibile for covering the broken window from any further damage and getting it towed from the lot. Is that my responsibility?

  170. December 27th, 2011 at 6:27 pm #Jason

    Lorie,
    Yes, this is your vehicle. Your need to protect it from more damage, pay the lot and get it out of impound.

  171. January 2nd, 2012 at 2:08 pm #insurance

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  172. January 3rd, 2012 at 5:26 pm #Shirley Ramos

    This question pertains to my $2,500 roof deductible. I recently had a contractor work to resolve a claim with Citizens regarding damage to my single family home roof (hale damage). Citizens initially denied the claim, but after further investigation, settled for $6300. The contractor is now stating that under the law I am required to pay my $2500 deductible on top of the $6300 for a total of $8,800 because they assisted in getting the settlement from the insurance company. Knowing that the average cost for my sq footage is $6,500 (other estimates gathered), I am just wanting to confirm if I am legally required to pay that entire deductible. Thank you.

  173. January 3rd, 2012 at 5:44 pm #Jason

    Shirley,
    Techically, your insurance doesn’t pay until you reach and exceed your deductible. So, when everything is all said and done, you should have paid your $2500 deductible and your roof should be entirely be replaced.

    If you have found a contractor or contractors that will do your roof for less, perhaps your should evaluate if they can replace your roof without having to pay your entire deductible.

  174. January 4th, 2012 at 5:54 pm #Lupe

    I had a policy with formost. And filed a claim water damage before the holidays. I had forgot to pay my payments. They sent me a cancel. I just found the noticed and was going to pay for 2 months that I did not pay. Am I still covered for the claim I filed in Dec. 4th even if they cancel. me on the 25th of Dec. I still mailed the 2 payments.

  175. January 4th, 2012 at 7:53 pm #Jason

    Lupe,
    If we understand your post, you had a policy in force on December 4th. If your cancellation was effective beginning on December 25th, then you should have coverage for the loss date of December 4th.

  176. January 12th, 2012 at 6:43 pm #Karen

    Tonight while vacuuming I unplugged my TV. After Vacuuming I plugged it back in and heard a loud pop and then it smoked. TV is less that 2 yrs old. So my son brought his bedroom tv in as a temporary and when i plugged it it the same thing happened. Smoke and gasses filled my house. Apparantly it is an electrical problem. Will my homeowners cover this?

  177. January 12th, 2012 at 7:09 pm #Jason

    Karen,
    It may. Just submit a claim and more importantly, get your wiring looked at by an electrician to make sure nothing more damaging happens like a fire. Tell them what happened and let them diagnose the problem. Sure it might cost a little money to have an electrician diagnose your wiring for potential problems but going through a fire is a lot more of a head ache than most people want to go through.

    And, submit this as a claim. Even the emergency electrician’s bill. The insurance may cover this but I am not sure. It seems to be accidental but I don’t know what part of the policy this would fall under.

  178. January 18th, 2012 at 8:35 pm #mike

    my rental homes hvac unit was cut and taken ins co. said it does not pay for theft howvwer i feel it was vandalized can i collect someway?

  179. February 6th, 2012 at 11:52 am #Sump Pump Failure

    My basement flooded during Storm Alfred as the power was out for a week and my sump pump could not run. Is this something I can claim?

    Also, a tree onto my deck and part of my house but no real damage other than a few cracked and broken shingles. No I am getting a water stain on my ceiling in the general area where it fell. Is this something I can claim? If so, how? I only have pics of the tree.

  180. February 6th, 2012 at 5:21 pm #Jason

    Sump failure,
    You can make a claim for anything you want even if a a row of carrots you were growing for garden transplanting dies. Now does that make sense to do? Do you think it would be covered? If so, what do you think it’s value is?

    You would likely need a sewer backup or sump pump overflow endorsement but there are other ways for there to be coverage than can be discussed in a short forum such as this. Also, I’m not familiar with Alfred and different storms take on slightly different features.

    Again, you can claim anything, even if some golf clubs flip out of the back of a golf cart and knock over your chair and a completely full beer.

  181. February 7th, 2012 at 3:56 am #Robert

    Hello,
    I was in a fender bender. It happened in Canada and both drivers are Canadian. I backed into another car in a private townhouse parking lot. Who is at fault? Is it really 50-50? Also the other car was parked with no driver and was parked in such a way that it obstructed traffic (there is no way I could have completed my blackout without hitting him. Whether I noticed it or not, I was stuck) and he was parked illegally against a city bylaw in a fire route. Who is at fault and how should I approach this with the insurance company?
    Thanks

  182. February 7th, 2012 at 9:28 pm #Jason

    Robert,
    If there nobody was in the other car, there was nobody in control of the other car. You have 100 of the blame for this accident.

  183. February 12th, 2012 at 9:54 am #Brian

    While closing my garage a broom got caught in between the door and the floor and jammed the door. something in the garage motor snapped so the garage will not close. Do you think this is cover in my home owners insurance?

  184. February 12th, 2012 at 11:17 am #Jason

    Brian
    What you described sounds like an accidental occurrence that would be covered by your homeowner insurance.

    Ironically, I just purchased a 3/4 hp overhead garage door operator for my garage door (to replace because it is roughly 12 years old) and I think I spent about $150, plus tax. The cost to unhook the old one and get the new one installed is going to take about an hour. (give or take). So, if you are able to determine what your deductible is, the total damage may not exceed that.

    Did the broom cause any other damage to your door besides whatever snapped in the motor?

  185. February 25th, 2012 at 8:08 am #Jane Reeves

    I have a friend that bought a house approximately 6 years ago and has just discovered their is a mold problem. She did have the house inspected before she purchased it. Is there anyway to get help with this problem? She hasn’t checked with the insurance company yet but from what I have read mold problems are usually excluded in a home owners policy.

  186. February 28th, 2012 at 5:37 pm #Joe Wills

    I had a break-in at my home. Jewelry was stolen. The insurance company has low-balled the “scheduled jewelry” items using valuations from some service they pay to provide the valuations. This company of course has a vested interest making it unethical to me. They bill premium based on appraisals and pay-off much less than they charge premium for. Help!

  187. March 11th, 2012 at 8:21 am #stan weston

    i live in ontario canada an was involved in a pedestrian auto accident me the pedestrain an still have not gotten the report police back even though i was impaired on foot am i not entitled 2 some compensation i presume this person has insurance because they didnt flee the scene an even thou i only have casual labour please let me no ty

  188. March 12th, 2012 at 5:21 pm #patrice

    After damages to major windows in the house in Ontario, we made a claim and it was partially covered. Shortly after we had the misfortune of experiencing storm damages which caused our roof to leak. Before making a claim, we enquired whether it was eligible, they said it would not as it was likely caused by a preexisting condition. During the enquiry they insisted on recording my statements and asking me questions totally unrelated to the roof. Now they want to send an insurance person by to inspect the house. My husband is concerned they are looking for a way to deny future coverage. He wants us to go with another company but we are getting high quotes because of the previous claim. What do you recommend?

  189. March 28th, 2012 at 10:10 am #Chelle

    So my husband left the soaker hose on all night and I leaked into our basement. We now have to tear out all the flooring. Do you think insurance will cover this?

  190. April 21st, 2012 at 5:39 pm #Dr D

    Need some advice. Was at home ready to walk out the door and went to brush my teeth when I turned the faucet on no water came out. I called my front desk concierge and asked him what was going on. He said they have to shut the water off in the building because there was a leak then needed to find and repair. Well I had to go to work and left. Couple of hours later I received a call from my complex telling me my apartment and 5 others below me were flooded or had water damage and that I left my faucet on in the bather room that caused the flood. The truth is that I did turn the faucet on initially but when no water came out I made the call to find out the issue and forgot to turn it back in the off position. I do have home owners insurance but they are now telling me that my insurance will not cover any damage done to the tenets below me. Is this true? What should I do or tell my insurance company which is progressive? And what do I do or say to the landlord who is telling me I will be somewhat responsible for the other tenets? Some advice would be appreciated. Thanks

  191. April 22nd, 2012 at 8:08 am #Jason

    Dr D,
    Your insurance may cover the other tenets property if you are legally liable for the damage. You would have to be negligent. We don’t know if forgetting to turn a faucet off in your specific circumstances meets the degree of negligence required because you seem to have done what any reasonable and prudent person would have done given the circumstances.

  192. June 6th, 2012 at 9:40 pm #Tod Rice

    So I had my older motorhome parked on some friends property living in it. While gone the homeowner accidentally hit the motor home with her vehicle putting a big hole in the side of the motorhome. She turned it into her insurance and they accepted responsibility. So Now they want to total out the motor home well I am still living in it. I stayed with people and couched surfed did the hotel thing well money ran out and back in the motor home i am. So while i am in it and before it goes to the junkyard and the title with it am i able to take out the stove refrigerator etc. and either sell it since the value they put on my motor home was ridiculous. What they want to give me I cant replace it with anything close to the wrecked one and they say that is fair market value. Well I havent accepted their offer yet.. Anyways thanks for your time.
    The adjuster seems to be a very nice guy and I dont feel is out to screw me.

  193. June 7th, 2012 at 6:07 am #Jason

    Tod,
    Thanks explaining the situation. Did you have a specific question?

  194. June 7th, 2012 at 3:14 pm #Tod Rice

    Yes Jason the question was can i take the refrigerator the stove the air conditioner out of the motor home before the junk yard comes and gets it for the insurance company. I have the title, the motor home is in my possession but the adjuster handling the case said it was a 90% chance they were gonna total it out. Well at that time I will have to give them the title, But in the mean time can I legally take out the appliances etc?

    Thanks again for your time i hope that explains it better.

    Tod

  195. June 7th, 2012 at 5:44 pm #Jason

    Tod,
    generally when something is totaled, the entire thing is being totaled, including the appliances because they are generally built in.

    You may want to speak to your adjuster if he/she would allow that.

  196. June 18th, 2012 at 8:02 pm #Sarah

    In 2010, we had some hail damage on our roof, insurance paid to replace it, then the contractor we used came back and said the a/c unit was damaged and we should see if the insurance company will pay for a new one (since mine is over 10 years old). So when talking with the insurance adjuster, he said based on the pictures, he didn’t feel the unit was damaged so he suggested I get another opinion from a different a/c company. A few weeks later I received a check from the insurance company for a replacement unit. I called them and they said it was a reimbursement check that the contractor had sent in. I spoke with the insurance adj and he was confused as well on why it was sent to I said I would get another opinion. I’ve had two reputable companies out and they both said my unit is fine. Now I have a check and the insurance company called and wants to know if I should cash it. My gut says send it back since it’s basically insurance fraud to keep it. How can an insurance company cut a check on a claim that wasn’t approved?

  197. June 18th, 2012 at 8:17 pm #Jason

    Sarah, the approach to an A/C is to repair it or to replace it. The insurance company decides generally what gets done. If they sent the replacement check for it then that is their decision. If your unit is 10 years old, it might be beneficial to you to replace it.

  198. June 22nd, 2012 at 9:18 am #Misti

    I have switched insurance companies and found out that my roof was damaged by hail. Both insurance companies are refusing to pay to repair it. This happened before I switched to the new insurance company but was not noticed until I had switched companies. Which insurance company is responsible for the repair?

  199. June 22nd, 2012 at 10:53 am #Jason

    Misti,
    Maybe neither is responsible. Generally there is a time limitation in your policy for reporting a claim and you may have not reported the damage in time.

    The new insurance company would cover the loss only if the damage occurred during the time you were covered by their policy.

  200. June 22nd, 2012 at 11:02 am #Misti

    Thank you for the response. After looking into this a little further I have come to find out that the actual problem is the insurance company came out and looked at the roof and stated there was no damage caused by hail. I have had a contractor and an engineer (from the insurance company) come out and look at it as well and have both agreed that that the damage is caused by hail. I was wanting to know who can I talk to about this or advice on what to do? I am aware that there is a time line issue as far as filing a claim.

  201. June 22nd, 2012 at 11:06 am #Jason

    Misti,
    It’s likely the insurance company engineer does not confirm it is hail damage if the insurance company is indicating there isn’t hail damage.

  202. June 25th, 2012 at 8:54 am #don

    i recently was caught driving home in a very bad storm and a tree was urooted and it fell on my car. i was unconscious but no broken bones just headaches scratches and small cuts and sore back. ive had spinal fusion done @6-7 years ago and i do have some lower back pain. i was told my p.i.p. would on ly cover $5000 and i would recieve a check for the lost of my car. if i dont retain a lawyer and other than the insurance company paying for lost wages shouldnt there be an extra amount for pain and suffering. if i was hit by an insured motorist it would be up to 50,000. why does it seem that theyre low-balling me

  203. June 25th, 2012 at 9:03 am #Jason

    Don,
    PIP covers actual medical bills incurred. It has nothing to do with compensating for your injury – just your medical costs.

    You were not hit by an uninsured motorist so that doesn’t apply to your claim at hand.

    There won’t be any pain and suffering in this case because that is awarded to someone based on the negligence of another person. You can’t be negligent to yourself.

  204. July 12th, 2012 at 3:36 pm #paul

    on april 7 2011 usaa’s policy holder’s mother had a seizure an ran her daughter’s car through my house i don’t have homeowner’s insurance on the house unemployed i had to sign a release of property to receive a check for contractor but personal property they won’t pay for everything that was destroyed i just redid my bedroom new sheetrock wall an ceiling misc. plus what i had staged in the room grandfather clock,vantysink,family photos can’t replace kingbed, tv i grieve the photos. they only want to pay for the kingbed and tv .is there any advice that you can give me, i can’t afford a lawyer?

  205. July 12th, 2012 at 6:34 pm #Jason

    Paul,
    I’m surprised they are offering you anything. A medical condition doesn’t amount to the person being negligent if that person does not have a history of seizures. So, absent liability, they don’t have to offer you a dime.

    Your other option is to sue this woman but if it was a seizure, that will be difficult to overcome. Also, the insurance company of the daughter will step in and defend this girl’s mother.

    Just make the best of your negotiations with them.

  206. July 14th, 2012 at 6:31 pm #Paula

    I am filing a claim for loss due to water flooding my town house and I have antique lamps that I have inherited as well as Black heritage print that I purchased at an art show that I don’t know what to list as the replacement value price. How do I figure out how much to ask for as well as it ruined the one and only picture that I have of my deseased mother.

    If the insurance company wants to offer me peanuts is the apartment complex responsible since this pipe has leaked now 4 times?

  207. July 14th, 2012 at 6:55 pm #Jason

    Paula,
    take out the “antique” component and then figure out what a similar size and feature lamp is that you can buy new. The insurance company can’t age things to make then antiques so they allow for readily available items.

    The picture of your deceased mother is valued at the cost of getting another picture. Of course the insurance company can’t obtain a photo of your deceased mother so any single cost of a photo is the replacement value.

  208. July 21st, 2012 at 6:28 am #Lee

    My spouse hit an object under the water with our wave runner causing damage to the hull and leakage. He is a covered driver and we have collision with a deductable. Now the problem. He tried to fix it himself and it did not work. Then his brother said why did you not turn that in? So, we did. They have been several weeks not anwereing and the fix it guy did notice it looked like someone had tried to fix it. My spouse did mot respond when the worker said that. Question can we claim this and it would not be insurance fruad would it?

  209. July 21st, 2012 at 7:47 am #Jason

    Lee,
    If you have coverage for collision and he hit something, they it would be covered.

    However, if he hit something, he tried to fix it, and got collision coverage for damage that already happened, then that would be fraud.

    Just apply which situation would most appropriately apply to you.

  210. July 30th, 2012 at 11:40 am #Mold in a car from water damage

    We had damage from a tree limb to our car which resulted in the “fish bowl effect” inside. The adjuster who insisted i need not be present for his estimate excluded the interior on his estimates for nearly 4 weeks now. There is mold growing from it not being addressed. I have contacted the EPA, Health Department, and the CDC in regards to this damage and its repair. All state that removal and disposal of all carpet and upholstered interior pieces is a must to remove the mold. Insurance company wants to steam clean it. Had they not left it sit unaddressed for nearly 4 weeks, it may have been “fixable”. But not now. My daughter is asthmatic and I can not put her in that car for fear of it triggering an attack. The claims manager got ignorant with me stating if i could send him literature he’d look it over. Well i did his ground work and emailed him the links and articles from both the CDC and the EPA. Why is it when i pay into insurance for 27 years without ever using it, when I need it I get the run around? I need advice on having this car repaired correctly or totaled.

  211. July 30th, 2012 at 11:52 am #Jason

    Mold,
    If you allowed water to be entrapped in your car for 4 weeks without any attempt to prevent further damage, that is a consequence of you not reducing damage resulting from an event. As the owner of the car, that is your responsibility.

    You indicate the car’s damage was fixable but your inaction concerning the water and it’s 4 week duration is making it non-repairable.

    Bottom line is that the insurance company provides coverage for the limb damage to the car and cleaning of the interior because of the water that entered the interior. The distinct lapse of your damage prevention is an entirely different reason for the secondary damage you are now facing.

  212. July 30th, 2012 at 12:08 pm #Mold in a car from water damage

    It’s been at the repair shop, awaiting to be repaired. How is that my fault? The adjuster kept excluding any repair work to the interior from the estimates, 3 different estimates.

  213. July 30th, 2012 at 12:18 pm #Jason

    Mold,
    Common sense would tell us that water should not be confined to the interior of a car for any length of time. I’m sure that makes sense.

    Regardless of who pays for the limb damage and drying of the water that got in the car, the vehicle needed to be repaired. Only you, as the owner, can direct whether repairs are made or not. Lack of addressing the water on the inside of your car rests squarely on you shoulders.

    No matter what the adjuster had allowed, you have to take action to protect your property. That protection was not done if you have mold in your car.

  214. July 30th, 2012 at 12:22 pm #Mold in a car from water damage

    We did what we could with the expertise we had. We took a shop vac to it. I checked and triple checked with my insurance and was assured that my over the top full coverage would handle it all. Guess i’ll be changing companies after this. Which is sad because my agent is wonderful. It was their adjusters disregard to the interior 3 times, over 3 weeks that it was not addressed. I pay for insurance to the hilt in order to have my rear covered, this was to be included. I dont have the money out of pocket to pay for it, if I didnt have to pay for all of this insurance i might. Insurance…the biggest racket in the country.

  215. August 4th, 2012 at 2:26 am #Nicole

    I had a large tree fall on my roof during a bad wind storm. My insurance company is rebuilding 2 sides of the roof and the south wall. The roof is middle aged. My insurance company only wants to re-shingle the re-built areas. Also they only want to replace the stucco on the south wall, and “patch” the cracks on the rest of the house.
    In my opinion this would de-value my house from its previous condtion before the storm.
    I have a good policy, worth twice as much as a total rebuid apparently,(contents and structure lumped together).
    Any advice? I am in Canada btw.

  216. August 4th, 2012 at 7:26 am #Jason

    Nicole,
    Let’s put this into perspective for you so you can get an idea of what would be a normal and reasonable repair to your home. That perspective requires you to pay for what is done to your home out of your pocket for the storm damage with no insurance funds what-so-ever. In this situation, using your own money, does your perspective start to change on what you would do to repair this?

    If the repairs the insurance company, in your opinion, would decrease your home’s value, you have an option regarding that because you are the homeowner. Just don’t do anything with your home and leave the damage the way it is because we are sure that option won’t affect your home’s value as much as the repairs would.

    The advice is that your policy is working exactly the way it is supposed to be working. If you want a brand new house, buy a brand new house because insurance companies won’t change your house into a brand new house for you.

  217. August 5th, 2012 at 4:56 am #Nicole

    Well Jason, let me put this in perspective for YOU.
    If I was doing the work myself I would sure as hell not leave myself with a decrease of $20,000 on my re-sale value.
    Your second paragraph reply is just plain rude and uncalled for. The tree smashed through the roof, destroyed roof trusses, joists, rafters headers windows etc. Hugh limbs sticking through the ceiling in the living room and kitchen with boards hanging down and electrical wires sheared. Chiminey seperated and pieces knocked off above the roof.

    Thank goodness I am in Canada and don’t have to deal with a US adjuster like you.

    BTW appears I will get all new shingles for the whole roof.

    eyeroll……

  218. August 5th, 2012 at 7:55 pm #Jason

    Nicole,
    We are glad you were able to realize what is going on. Sure, you will get a complete new roof but that will be in addition to your deductible.

    You already told us a tree damaged your house – you didn’t need to explain in more detail.

    Well, in summary, there is not going to be a decrease in home value after the repairs are completed and you simply over-reacted. We don’t address over-reaction on here – just questions.

    We have a question for you – Why do you think your house would decrease by $20,000? Why not $18,500? What are you basing your suppositions upon?

  219. August 7th, 2012 at 4:28 am #chad

    Roof sustained hail damage two months ago so bad it now leaks. It took two weeks to get a check from insurance co. Mortgage lender has had the check since in suspension until repairs are completed. Insurance co. tells me it is my responsibility to protect my home from more damage from leak. I would like my roof repaired NOW ! Just received a packet of forms to fill out for lender to approve repairs and release 1/2 of the $ which insurance co. sent. The check was 1/2 the estimate. Judging the turnaround on this latest paper trail I may see a check for materials in another 2 months. Early Oct. in the rockies means snow. Is there any rights as to timely repairs for homeowners?

  220. August 7th, 2012 at 2:25 pm #Jason

    Chad,
    You can get the repairs done at any speed you want. You are the homeowner and you control that.

    This is the way insurance works. Every lender has their own procedure when it comes to damage to the home. If you got the insurance check in 2 weeks, that is a very reasonable turn-around from your insurance company. We don’t deal with banking policies on here.

  221. August 8th, 2012 at 4:32 am #Kristi

    Question:

    A few weeks ago, Maytag sent a Sears repairman to my home to fix my washing machine. The repairman forgot to put the drain hose back in the drain, which resulted in water pumping onto my floor for two hours. The water got to the subfloor, cracking the ceramic tiles. Now …. the 3rd party admin for Sears tells me they are only obligated to award me a value for the tiles which takes depreciation into account? Also, the tile extends into other areas beside those which have cracked and the contractor is unable to match the tile. Are they obligated to replace the entire floor, since it is continuous?

    Thank you.

  222. August 22nd, 2012 at 11:54 am #STINO

    I had my house broken into 2 times. Someone stole my Central Air Unit. I put three claims in with my Insurance company over 2 years. Now they want to drop me, and no one wants to pick up me now. I never did anything wrong but paid my insurance bill. The law should be changed with insurance company. If you have 3 claims they kick you out, even though its not your fault. help

  223. August 22nd, 2012 at 3:04 pm #Jason

    Stino,
    Insurance companies don’t want people that are going to make claims all the time. Whether it is your fault or not, they are claims you submitted under your insurance policy.

    Don’t worry, there are insurance companies that will accept you – their premiums may shock you, but there are insurance companies that will take you as their customer.

  224. September 8th, 2012 at 7:32 am #tina

    my built in double convection wall oven. this was destroyed in an electrical storm. it was hard wired in so my in adjuster said it would be covered un the house rather than personal property. i have 1000.00 deductable but on my policy it says i have 100% replacement for section A which is were it is covered under. i called a repairman and i said he was afraid to try to repair it because of the damage to the wiring damage. he sent them in an estimate of 2860.00 they only want to pay me 400.00 until it is replaced and then they will pay minus the deductable. i have had replacement coverage for 40 years and they always paid out my claim to me and i then would repair or replace the item. i dont know what to do i have been without an oven for about 5 wks.

  225. September 8th, 2012 at 7:54 am #Jason

    Tina,
    Get your oven replaced. It’s pretty simple. Sure you have to pay your deductible but that is what you selected as the deductible.

  226. October 26th, 2012 at 6:17 pm #Jeep

    water leak to abestos abatement – had to start over after 30 plus days with delay. Hot summer so we are staying with relatives (allstate offered to put us up a few days later) – is this ALE – what is the amount – over 100 days out – we are not home and our claim was closed in the last 7 days? Thank You!

  227. October 26th, 2012 at 7:17 pm #Jason

    Jeep,
    Could you submit your situation and question with a little more clarity? We don’t know what you’re asking about.

  228. October 30th, 2012 at 8:40 am #KC

    What happens when you hire a Public Adjuster and the Insurance Co will not return their calls ?

  229. October 30th, 2012 at 9:11 am #Jason

    KC,
    Perhaps your public adjuster needs to call the insurance company again and not wait for the insurance company to call back.

  230. October 31st, 2012 at 11:49 am #KC

    Or this: The Insurance Co just called my PA back and said that particular person No longer works for them.

  231. October 31st, 2012 at 2:22 pm #Jason

    KC,
    This truly sounds like some communication issues of your PA. If that insurance adjuster no longer works for the insurance company, the thing your PA needs to then ask for is the person dealing with your claim so he can get your claim settled.

  232. November 26th, 2012 at 3:49 am #Phil Jones

    Hi,
    We paid a developer £15000 to develop an App in android and a website back in Aug 2010. The App was to produce Landlord Inventories, supposedly in 6 months, it took them 12 months to develop it and then when it was developed it didn’t do what we wanted, not user friendly, and did not look very good. As it took so long at least 4 suppliers now have developed a similar product so I have lost the advantage of being the first to market. I have lost a considerable amount of revenue by it not working, also did not grow the business during that time as we were waiting for it to come out. Can I claim against the company professional indemnity insurance? Can we recover the cost of product and lost revenue? Also are their companies offering no win no fee? It has left us struggling to survive, especially as we have now employed another developer.
    Please can you provide some advice please?
    Many thanks

  233. November 26th, 2012 at 6:57 am #Jason

    Phil,
    You situation is entirely about contract issues and has nothing to do with insurance.

    When something can be referenced about what one party did or did not do in a contract (which this other party did not do), then it is something insurance denies coverage for and is considered a contractual issue.

  234. December 30th, 2012 at 3:00 pm #Lana Hunt

    if i loose my diamond ring and ins. co. pays with a check, what do i do if i find my ring later on? thanks.

  235. December 30th, 2012 at 3:26 pm #Jason

    Lana,
    It is difficult enough providing information to actual claims. A hypothetical question and answer could change based on other information concerning the claim and that is something that won’t be done.

  236. January 24th, 2013 at 8:43 pm #lia

    I rent a condo in California, owned by a relative. The exterior stairs have not been updated since 1972, I never thought they were dangerous until it was raining and dark (5 am on my way to work) and since there is only one skinny metal rail on one side I slipped and fell down the stairs. My hip punctured my skin and I got stitches I also had other bruises and wounds. My clothes were ruined and my car remote was ruined I had to miss work. I wear safe clothes as I work with big machines, closed toe boots ect. heels and open toe shoes are simply not allowed. I’m a small framed healthy female who does body double, acting, stand in and modeling work and now I have a scar on my hip and I feel like the insurance company that insures this property the condo association insurance which is FARMERS…. should put me back the way that I was as in reimburse me for my damaged coat and car remote ect and pay me for the days I could not work and allow me to see about getting my scar removed. I also couldn’t utilize my gym membership and I’m not sure people who work desk jobs understand how serious it is for me to take care of my BODY as in this is how I earn a living, I work in front of a camera. They tried to only pay my initial DR. bill and said they were not liable for anything else….Until I threatened to get an attorney but I threatened this over the phone they mailed me a letter saying they aren’t responsible I am so stressed out… I also really think the stairs should be fixed. There should be slip resistant materials on the stairs and there should railings, 2 of them, real ones, ones you can grab in case you fall! What if there is a fire?!?!?!Needless to say stairs give me anxiety and I’m frightened of every stair case, I really could have broken my neck and died, especially if I was elderly. Should I look for an attorney? AND how do I get that stair case fixed so this does not happen to anyone else? I never see anyone taking the stairs since most the people that live here are pushing 80 but I’m youngish and always figured it was helping me burn extra calories to take the stairs. I’m so terrified Farmers is so mean, sheesh! They also asked me to sign a waiver giving them permission to look into my ENTIRE MEDICAL HISTORY FROM THE DAY I WAS BORN. Is that legal? Are they serious? I refused to sign that and I did mail them paperwork from my doctor that I’ve been going to for the last five years. I don’t know what to do, I’ve never really had to defend myself like this and I have a very ugly scar on my hip and that really limits me.

  237. January 25th, 2013 at 7:16 am #Jason

    lia,
    You didn’t say how long you have been living there but it seems safe to assume you have lived there for awhile and have used the stairs many times. You also didn’t mention that you requested the building owner to fix any unsafe condition observed of the stairs during the time you lived there.

    Stairs are not as safe as flat surfaces. Care has to be maintained by people that use the stairs at all times. Extra care has to be given when the weather conditions cause the stairs to be wet and/or slippery.

    A single rail is all that is required in CA for stairs that are less than 44 inches wide. Rails on both sides are required on stairs that are between 44 and 88 inches wide. You didn’t indicate the width of the stairs.

    Your use of the steps the early morning you slipped and injured yourself required you to provide care and caution so you don’t become injured on the stairs. If you slip and become injured, the liability (fault) for slipping and falling resides with you, not the property owner.

    Many property owners carry medical coverage insurance that pays for medical costs for anyone that is injured while on their owned property. That is the coverage they are extending to you for this incident.

    If they are not providing any consideration for your scar, loss of work time, and the damage to your clothing, that is because they are not liable for that.

    The medical release should have only encompassed the day of the accident and after. Anything prior to the date of your injury is not required for the insurance company’s use.

    If you believe the property owner should repair or alter the stairs for future safety, you should submit that request in writing to the property owner.

    As far as an attorney, you can get one if you want but they are costly. It doesn’t seem that your situation has a liable person or entity that you could recover from (beyond directly related medical expenses).

  238. January 25th, 2013 at 9:26 pm #Lia

    I have lived here one year Jason and the stairs get wet and no I have barely used the stairs here. The rail is thin. I don’t even know why I bothered asking you have a nice life making inaccurate predictions. I will just hire the attorney.

  239. January 25th, 2013 at 10:17 pm #lia

    1926.1052(a)(7)

    Slippery conditions on stairways shall be eliminated before the stairways are used to reach other levels.

    and ps if they consider 1 inch of medal a “handrail” then I will make sure CA law changes…because in my opinion that is a RAIL and not a HAND RAIL.

    SERIOUSLY HAVE NOTHING ELSE TO LOSE

  240. January 26th, 2013 at 7:50 am #Jason

    Lia,
    You have used the stairs at least 725 times if you leave you apartment just one time each day during the year.

    If a rail is used for a stairs at about the height of a persons hand, it would be a handrail. Changing laws will take a lot of time, effort, and money.

    The 1926.1052 standard number you listed is for the department of labor, Safety and Health Regulations for Construction. The stairs you mentioned had already been constructed 40 years ago so that would not apply to steps not under construction.

    The information provided on here is to help people with their situations concerning insurance. Sure, sometimes the information is not what people want to hear but it is accurate and honest information about their circumstances. If you had a 50-50 chance at success by getting an attorney for your slip and fall, that is what you would be told. Your success level expectation is closer to 0 and that is what is being reported to you.

  241. January 27th, 2013 at 3:18 pm #Moderator1

    Lia,

    The landlords insurance probably covers him for “negligence”, which is “legal liability”. So you have to prove he was negligent and that the stairs were a hazard. So if he ignored the stair hazard after he was aware of the hazard, then he would be negligent. So put the landlord on notice, preferably in writing, so its not just your word against his word, in case you fall again. Did any of your neighbors warn him or complain of the stair hazard before your accident? Use them as witnesses. Sue him in small claims court if he fails to turn in the claim or if you think the claim was wrongly denied. Let the judge decide. Consult a lawyer’s oinion if you have a big scar and it affects your modeling profession.

  242. January 27th, 2013 at 3:48 pm #Jason

    mod,
    It’s not really good to advise someone to enter into legal action based on the information Lia provided. There is nothing she said that the stairs contained any type of hazardous condition or needed repair or modification. Stairs are not a hazard just because they are stairs.

  243. February 15th, 2013 at 10:43 am #BD

    I recently had a slab leak. I had one water line repaired only to find there was still another leak as soon as we turned the water back on. A leak detection service found the second leak in very close proximity to the first. The second leak found was on a bigger line so I definitely think it was primarily responsible for the damage to my wood floors, air ducts, and carpet; however, my claims adjuster is telling me that I am probably going to have to make two different claims because there were two different leaks, which would result in having to pay two deductibles. Is this standard practice or should I only have to make one claim and pay one deductible? I don’t want to claim the repair of the first line because the cost was covered by home warranty.

  244. February 23rd, 2013 at 1:47 pm #kari

    HI there – I had a little insta heat water heater under the kitchen sink installed about 14 years ago to help make baby bottles faster. Yesterday something let go in there and water was all over. Floors (tile) are OK, but the kitchen cabinets need to be dried, repaired, some molding is gone, etc. Estimate came in at $5600. I called insuraqnce and they are sending dryers out today but the adjuster won’t be available for 6 days. Here’s my question – does insurance cover when it’s an under-sink insta heat water heater that leaked, not the main house water heater?

  245. February 23rd, 2013 at 1:54 pm #Jason

    Kari,
    If you had a leak in your plumbing system, which includes the instant water heater, there will be coverage for the water damage.

  246. February 28th, 2013 at 2:58 pm #Mike

    My renter’s policy covers $15,000 however my total items lost was $17,000. After reviewing my list, they declared a depreciated value of $4000. Instead of issuing me a check for $17,000-$4,000= $13,000. They tell me I am to receive, $15,000-$4,000 =$11,000. Is this logic correct on their part?

  247. February 28th, 2013 at 5:19 pm #BG

    A pole barn has had a roof collapse from snow. It is covered under the outside dwelling clause of my Homeowners policy. The property in the barn is where I am having issue. They are trying to deny claim for mowers, old tractors, golf carts, etc. I am not understanding even how a car that was damaged that only had liabilty coverage itself, considering the dwelling collapse caused the damage. Why is that not covered by Homeowners? If I was hit by somebody, they would have to repair. Many automotive parts and motor, transmission or electical components are being denied in the claim as they are automotive in nature. If they are not in a vehicle, how is this not personal property, not part of a vehicle, not being repaired for a vehicle, but rebuilt as part of a hobby. Now that they have been exposed to water, many are damaged beyond repair, escpecailly the electrical parts. Golf carts used on the property that are not licensed are also being denied under the claim. They will replace the equipment used to work on these things. This is not a business structure.

  248. March 8th, 2013 at 3:33 pm #gerald vaughn

    I was hit by a driver while driving my business truck. I have a florida policy and lived in florida. I took a trip to dallas texas and got side swiped by a negligent driver insured by allstate. I had AIG insurance. I was not at fault and the other driver didn’t carry enough insurance to pay for all my damages, so i’m going after my under insured uninsured coverage with my carrier AIG. They put in my policy a 50 mile radius provision, I didn’t know was in the policy. I of course don’t get to see the policy until after i sogned up and they mailed it to me. Also I don’t normally drive outside of 50 miles from home this was a very very rare occasion. My insurance company AIG is trying to avoid payment by using the 50 mile radius against me and is refusing to pay for my vehicle or my personal injuries. Can they do this using the 50 miles they put in my policy with our disclosing to me up front when i purchased my insurance? Also AIG never sent a denial letter or a reservation of rights letter to me and after 4 years is trying to defend themselves against their failure to pay me in the first place. They claim they aren;t required to send me anything, but they also refused to pay me or send me a denial letter even after being sent letters multiple times requesting such a letter.

  249. March 8th, 2013 at 3:43 pm #Jason

    gerald,
    The insurance policies are rather lengthy and the courts have previously ruled that not every single detail of a contract has to be explained or reiterated to the other party. People that enter into contracts (policies) have to take the time to read and understand their coverage.

    A reservation of rights is not needed in the event that coverage, based on the contract, does not exist for your damage. The 50 mile radius is the area of exposure you paid for in the premiums. If you wanted a larger radius, you could have requested that and paid for that extra coverage.

    If you know your claim is denied, it would be redundant to request a letter because it would not present anything that you don’t already know.

  250. March 11th, 2013 at 12:08 pm #Nicole

    My house that we rent out had water damage from a leak in the dishwasher. We had to file a claim with our insurance company and they paid to have the entire floor replaced. We had a certified plumber fix the dishwasher and was assured that we did not need to replace it. Now 3 months later, the dishwasher appears to be leaking again and the floor is damaged again. The contractor who did the work and had the plumber fix the dishwasher claims it is another part on the dishwasher and we will have to pay for the repair on the floor and dishwasher again. Is there anything we can do? Should we call our insurance company?

  251. March 11th, 2013 at 2:56 pm #Jason

    Nicole,
    If you have damage from the dishwasher again, you might want to make a claim.

    You might want to just buy another dishwasher because if the current one keeps leaking, it’s probably time that it should be replaced.

  252. March 14th, 2013 at 12:54 pm #Rebecca

    Honda Accord LX 2009 with 50,000 miles owe 18,000 adjuster said will cost 8,000 doars to fix and my insurance will allow 11,000 dollars what does this mean?

  253. March 14th, 2013 at 1:10 pm #Jason

    Rebecca,
    The amount you owe on your car has nothing to do with insurance.

    If the insurance company believes it makes sense to total your car rather than fixing it, then that is the option they will choose.

    You can look at the approximate ACV of your car by going to nada (dot) com to see what your car is worth. Depending where you live, the value of your car is between $13,000-15,000. If that is true and the repair cost is $8000, the insurance company should be repairing the car, not totaling it.

  254. March 19th, 2013 at 8:26 am #bill

    we purchased a 3 family house 7 years ago and have been paying flood insurance since. now after hurricane sandy the insurance co. does not want to cover damages on 1 of the units which is detached from the other 2. with that being said we never knew that there had to be seperate coverage and no one from the company ever told us of that or ever came out to inspect the property. its all on the same tax map and address is the same. who is liable and how do it get them to pay for the damages

  255. March 19th, 2013 at 9:19 am #Jason

    bill,
    Every dwelling in which people reside, even if it shares the same address location, needs to be insured with its own policy.

    There is no one liable to you for the damage to the uninsured dwelling property. You won’t get anybody to pay for the damages.

  256. May 3rd, 2013 at 2:47 pm #kelly

    If you accidentally left your keys in the car in your own driveway and it is stolen and then in an accident with a fence and no other cars or people,does the insurance have to cover your car being stolen and wrecked and what about the property that was damaged?

  257. May 3rd, 2013 at 5:33 pm #Jason

    kelly,
    It doesn’t matter if the keys were in the car or not. That does not mean people are allowed to take your car. It should be covered for theft.

    Regarding the property that was done to the fence, there is nothing about someone using your car after they steal it that would make you liable for the fence damage. The damage to the fence should be either covered by the thief; and if they don’t know who it was, then it should be covered by the people that own the fence (or their home owner insurance.)

  258. May 3rd, 2013 at 6:11 pm #Benjamin M.

    i was involved in a motorcycle accident caused by another driver and my bike sustained $14k in damages and the 1st adjuster asked me only for a receipt for the custom paint, cuz he said it was obvious all the other parts were new, then a new adjuster called me the next day and said he would give me $11,200 and before i got a chance to reply, another adjuster told me he will total the bike and give me $8k plus the bike… can they just go back on their offers(2nd adjusters offer) without talking to me?

    thanks you in advance!

  259. May 3rd, 2013 at 7:30 pm #Jason

    Benjamin,
    Unless you restore damaged bikes, why would you be interested in keeping the bike? It seems like they are putting a salvage value of $3200 on the bike in its damaged condition.

    Figure out what the $11,200 represents and what the $8200 represents. It seems they are putting a value of $3200 on the bike if you retain it, which seems to be why the numbers are different. A settlement offer with you keeping the bike will be different than if you don’t keep the damaged bike and the insurance sells it for salvage.

    Ask you adjuster these questions so you can make an informed decision about your settlement.

  260. May 3rd, 2013 at 10:38 pm #Benjamin M.

    the 2nd adjuster said $11,200 would cover the cost of repairs, but then i spoke with my agent and she said she would go to a higher source and get me more money, being that my custom harley cost me $41k to build($41k includes the cost of the bike) and instead of heaing from her, i get a call from the 3rd adjuster and he says he will total it and i can buy it back for a little over $3k. So after hearing that, i told him ide rather take the 2nd adjusters offer of $11,200 to fix my bike and not have my bike branded a “salvage” tittle and he said that offer is no longer on the table. So do i have any recourse being that the 2nd adjuster sent me an email saying he will pay me $11,200 to fix the bike vs what the 3rd adjuster had to offer which was pay me $8,200 and i keep my bike, but it will be salvaged?

    thanks!

  261. May 4th, 2013 at 7:20 am #Jason

    Benjamin,
    Are all these adjusters from the same insurance company? Is this the at-fault person’s insurance company or your insurance company that you are dealing with?

  262. May 4th, 2013 at 11:36 am #Benjamin

    These adjusters belong to my ins which is all state. I’m just really upset that the second adjuster offered me $11,200 and by the time I seem the email and before I could answer yes, the third adj Russ called and sai he would give me $9k and total the bike and I keep it and rebuild it with the $9k. Will the email that the Sr claims adjuster sent me saying he will pay me $11,200 hold up in court or can I use that email to my advantage?

    Thanks, Ben

  263. May 9th, 2013 at 2:07 pm #Jim

    This question wasn’t answered…

    A few weeks ago, Maytag sent a Sears repairman to my home to fix my washing machine. The repairman forgot to put the drain hose back in the drain, which resulted in water pumping onto my floor for two hours. The water got to the subfloor, cracking the ceramic tiles. Now …. the 3rd party admin for Sears tells me they are only obligated to award me a value for the tiles which takes depreciation into account? Also, the tile extends into other areas beside those which have cracked and the contractor is unable to match the tile. Are they obligated to replace the entire floor, since it is continuous?

  264. May 9th, 2013 at 2:10 pm #Jim

    This question wasn’t answered…

    A contractor damages my home. The adjustor tells me they are only obligated to award me a value for the tiles which takes depreciation into account? Also, the tile extends into other areas beside those which have cracked and the contractor is unable to match the tile. Are they obligated to replace the entire floor, since it is continuous?

  265. May 9th, 2013 at 7:15 pm #Jason

    Jim,
    The at fault party owes you ACV for the damage they cause. Your best move is to file through your home owner coverage because it is very likely you have replacement coverage. Your homeowner will then collect from the at fault party to collect the ACV damage, which would also include your deductible.

  266. May 19th, 2013 at 5:24 am #Rene

    My daughter’s car was stolen a few months ago. The insurance was about to issue her a check when the police found her car. Just recently her check engine light came on and when she had it checked out and was about to put a part on it would not start. After towing to a garage, they said it was her timing chain and would cost $800 to fix it. A week later called and said she should get a new car that it is damaged so bad because it was ran so hard in a short period time. They said it was probably when it was stolen. Is there any recourse we could get for the car insurance? She still owes $3000 on it and has no money to get a new car with.

  267. May 19th, 2013 at 7:48 am #Jason

    Rene,
    Not all the car’s problems can be attributed to being because of the person who stole the car.

    Whoever said the car was “run hard in a short amount of time” is making that up about the car, unless that person is the one who stole your daughter’s car.

    There is nothing you can do. Cars need periodic repairs and maintenance. What she owes on the car has nothing to do with insurance.

  268. May 29th, 2013 at 1:39 pm #Phillip Russell

    When receiving a check for a total loss(or partial because we are keeping the vehicle with a salvaged title) on a vehicle in a hail storm, what is the procedure for sales tax being paid to me?

  269. May 29th, 2013 at 1:43 pm #Jason

    Phillip,
    That is a question you should ask your adjuster. Since you have to replace the car, the sales tax must be paid, in addition to the titling fees. If your adjuster says it’s included in the settlement offer, it is more than likely not.

  270. June 1st, 2013 at 4:26 pm #shelly

    i am divorced, and remarried. my ex-husband and i still own our house. we share house payments. he pays 6 months and i pay 6 months. i have possion of the home and always have. anyway almost 2 years after he moved out and 1 year of being divorced. my current husband and i were victims of theft. i called insurance co. filed claim, and updated my info..name change, and all other info. when they sent the check, they sent it to my ex husband. so he called them and said whats this about? they had told them about the theft, and also told him was entitled to half of that check. so he would not sign it unless i gave him half. i called ins co and they confirmed it. i had explained he had NO LOSS there whatso ever. the items that were stole was my husbands tools and outdoor equipment. i asked them if they could send it to me….let me pick it up….something anything…but they refused. so i had to give him half. and did not send in amy reciepts to get the rest of my claim. i dropped it. but they raised my rates…1,333 a year…can they do all of that/ is any of that legal? can i file a grivance or anything? or am i just totally out?

  271. June 1st, 2013 at 4:39 pm #Jason

    shelly,
    If he is a named insured, he has an interest in the proceeds of any loss.

    If they raised your rates by the amount specified, you may want to look for another insurance company and insure the property in your name and and the name of your new spouse.

  272. June 13th, 2013 at 10:39 am #patrick harris

    i have allstate home owners insurance. i removed the water from my inground pool to clean the surface of the pool and overnight it rained heavy and lifted the cement pool out of the ground damaging the pool and the concrete patio and path that surrounds the pool area my question is my home owners policy going to cover any of the damages that emptying the pool did

  273. June 13th, 2013 at 2:17 pm #Jason

    patrick,
    What happened to your pool is what is termed the “fishbowl effect”. Your pool is like an empty fish bowl in an empty tub. When the tub gets filled with water, it pushes the fishbowl upward.

    The damage to your pool is caused by the ground around it that had swelled with water. The cause of loss seems to be ground movement.

    It depends what language you have in your policy if it’s covered or not. If you review your policy, you can see if the cause of damage to your pool is covered. The area in your policy should be under “other structures”. I am running late for an appointment and didn’t have time to review a typical insurance policy to see if there would be coverage or not. If I had to say without looking, I don’t think so. I will review a standard policy when I return and post again.

  274. June 13th, 2013 at 5:34 pm #Jason

    patrick,
    I’ve reviewed a standard homeowner insurance policy and I don’t believe the damage to your pool is a covered loss. Water that causes damage to swimming pools is excluded Also, earth movement, regardless how caused, is also not covered.

  275. June 15th, 2013 at 9:10 am #patrick harris

    thank you for your quick response to my problem. a pool contractor has come to look at the pool and he think that since i had finsihed cleaning the surface of the pool and started filling the pool with water that the lower suction line piping that goes to the bottom of the pool may be damged. he put an air test on the piping and found that the piping must be damaged because it would not hold air and as we started to fill the pool back up with water it just entered into the ground around the pool which he think may have caused the pool to rise up causing the damage. my policy does allow for coverage of “other structures protection” . Would damage to the plumbing piping for the pool be similiar to plumbing piping in your house where as the damage to the piping would not be covered but damaged that the broken piping caused would be covered by the “other structures protection”

  276. June 15th, 2013 at 11:12 am #RonK

    Patrick,
    I imagine the other structure category would include the swimming pool and all the components that make up the swimming pool to include plumbing, pumps, cleaners, etc. in much the same way a garage door operator or a water heater is part of a house.

  277. June 17th, 2013 at 11:55 am #patrick harris

    still havent heard back from my agent and just wondering about that other structure protection to see if the pool is going to be covered

  278. June 17th, 2013 at 4:06 pm #RonK

    Patrick,
    It’s not your agent that deals with claims. He or she only sells the insurance. The claims are handled by a claim adjuster, and they will probably send an independent adjuster out to look at the pool’s condition.

  279. June 20th, 2013 at 12:48 pm #patrick harris

    yes i do understand that i guess what is going to determine coveres is if the insurance company see the pool as another structure on my property the agent has told be it has to be detemined that the pool is a “covered loss”

  280. June 20th, 2013 at 1:07 pm #Jason

    patrick,
    In-ground pools are considered an “other structure”. Yes, your insurance needs to determine if the damage that occurred to your pool is not excluded for the damage that occurred to it. A standard insurance policy has a lot of exclusions that apply to a pool.

  281. June 20th, 2013 at 5:11 pm #patrick harris

    okay so as of yet my agent hasnt been much help allstate is sending an adjuster to look at the pool but what are his qualifications on the working of what may go wrong with an inground pool and if my concrete in ground pool is another structure on my property would it matter what caused the pool to come out of the ground. what i mean is that would it make a differance as to what may have caused the damage the pool is still out of the ground and now it appears that it wont hold water and it is going to need complete removal and replacement and would the “other structures protection” cover the replacement of the pool no matter what cause it to come out of the ground one company that has looked at it thinks that a problem with some piping associated with the filter system of the pool became damaged water leaked out of the pool causing the pool to rise up along with 4 inches of rain that had fallen that night

  282. June 20th, 2013 at 9:05 pm #Jason

    patrick,
    I have been very lenient in my assessment of your claim. Ground momement and water involvement with the damage to you pool is excluded damage to your pool, and your pool happens to be an “other structure”. For you to hold out on coverage for the pool is optimistic thinking. Prepare for denial of coverage based on exclusions contained in your policy.

    If you question the credentials of the adjuster, ask him/her what his qualifications are about pool damage. Regardless, the assessment will be that the ground pressure of an empty pool and/or water pressure caused damage to the plumbing of your pool.

    This information is provided so there are no unexpected conclusions you receive concerning your pool damage. The conclusions provided by me are what you should expect of any examination of your pool damage.

    Although the information is not ideal to you situation, it is the probable and likely result of the aduster’s inspection. The cause of loss is pivital to the conclusion of your claim. The cause of loss will most likely fall under an event that is excluded by your property policy.

    The information provided herein is meant only to provide you with the likely outcome of your pool damage claim. There may be information unknown at this time but with the information you provided, coverage is unlikely.

  283. July 22nd, 2013 at 6:24 am #Debbie

    I switched insurance companies for my home, cars and 6 rentals. The switch went into effect and about 2 weeks later, the agent called and said everything was fine except I needed to replace the roof on one of the rentals. That roof will negate all the savings I received by switching for at least 2.5 years. Can they do this after the fact?
    Thanks,
    Debbie

  284. July 22nd, 2013 at 9:08 am #Jason

    Debbie,
    Yes.

  285. August 7th, 2013 at 1:12 pm #Bob F

    If a motorcycle is driven into freshly poured concrete and a wheel is damaged, is that a comprehensive or collsion claim?

  286. August 7th, 2013 at 10:15 pm #Jason

    Bob,
    Collision.

  287. August 8th, 2013 at 5:13 pm #Steve

    How can I hold or deney a claim on my insurance. The car in question isn’t on my policy anymore and don’t want to pay the claim seeing car isn’t on policy.

  288. August 8th, 2013 at 7:08 pm #Jason

    Steve,
    Call your insurance company and tell them of your concerns.

  289. August 9th, 2013 at 12:47 am #Steve

    I have called them and did that already was told tuff just deal with it. Something happened to the car before it was removed from policy from another driver and now I’m stuck

  290. August 9th, 2013 at 6:20 am #Jason

    Steve,
    The lack of detail and specific information in your post makes it impossible to provide any more information to you.

  291. August 13th, 2013 at 8:58 am #stacey

    Can my homeowners insurance keep my insurance check and dispurce as they deem necessary, I have already paid contractors plumbers bought material everything out of pocket ,deplinished my savings , now they say they can disperce it over three months time or issue checks the way they see fit!!!! Please someone help this is my first time!!!!

  292. August 13th, 2013 at 11:38 am #Patty

    I was car accident where the other driver went thru a red light and hit me. there are witnesses and police report gave him a ticket. His insurance has contacted me with a figure to total my car. Do I have any recourse if I do not feel the settlement is fair?
    thanks for your time Patty

  293. August 19th, 2013 at 10:44 am #Sarah

    the lower level of my house flooded. I have flood insurance through NFIP, but the policy is handled by USAA. I reported the fold to USAA the day it happened. Three days later they sent an adjuster. I was told by the insurance adjuster that I have 60 days to file the Proof of Loss. 51 days have gone by with me repeatedly asking the adjuster and USAA when I can expect to see the Proof of Loss form. The adjuster turned in his report to USAA 17 days ago, but USAA has not finished doing whatever it is doing. Should it really be talking this long?What happens if USAA doesn’t give me adequate time to review the Proof of Loss? I need to be sure it is accurate and complete before I sign it. What if they ask me to sign on day 59 and I don’t have a chance to thoroughly review everything? What if I don’t agree with what is on the form?

    Thanks in advance for any information, Sarah

  294. August 19th, 2013 at 12:12 pm #Jason

    Sarah,
    Although a proof of loss looks complicated, it’s really not. It is just a document that states who you are, that you suffered a loss, on which date, to what property, and how much the damage is. It’s a formal way of making a claim. You’ve already notified your insurance but that is not a formal claim. A proof of loss is.

    In more general terms, it’s basically an offer to the insurance company to settle your claim based on the amount you are claiming in the POL. They can either accept, reject, or counter that offer with a different offer.

    Stay in contact with your insurance company so you can get the proof of loss completed with an adequate amount of time to prepare and review it. Reviewing it and completing it should take about 15 minutes and definitely less than 30.

  295. August 21st, 2013 at 11:00 pm #Corinne

    A little over a year ago I was hit by a car while walking across a crosswalk, I was carrying my two year old daughter and we were both taken to the ER. My personal auto insurance covered our medical bills and were likely reimbursed by the drivers insurance. Luckily we were not seriously injured, there were only a few bills. However, a year later I am still having neck and leg issues that I have traced back to this accident. I am a waitress and this affects my job performance and therefore my income. Am I entitled to any compensation?

  296. August 22nd, 2013 at 7:52 pm #Jason

    Corinne,
    That is a question best suited for an attorney.

  297. August 27th, 2013 at 7:52 pm #Udit

    Hello
    I had an accident recently in which my car hit 3 other cars, no one was present there in the morning so i walked up to them and told them that the accident was caused by me and i gave them details about myself and my car.The bumper of my car got damaged and it hanged from the left side which was creating problem while driving, It seemed that there is minor damage to the bumper, so i went to one of the workshop and got it fixed temporarily as i need my car daily for my work.I called my insurance and informed them about the accident and also told them that i have got minor bumper repair done in my car to make it drivable but there is also some issue with the steering. They fixed my appointment with one of their claim assessor and asked me to take the invoice of the work done in the car and also the quote for the steering repair and other work to be done in the car from the workshop where i got it repaired.I went to the assessor with the invoice and the quote , he checked my car and said its a hail damaged car and it can’t be insured.I do not remember any question asked about hail damage(or may be unknowingly i have said no) while insuring my car. According to the assessor the Insurance company will not pay the claim of any car , I have to bear it . he said he does not feel that the repair has been done recently so can’t even verify that.I seriously did not hear their question and have been paying the insurance premium for 1.5 yrs. How can I convince them that it was not intentionally that I got my hail damaged car insured , how to prove them that I’m not being fraudulent and also how to make them pay the claim atleast for the other cars.

  298. August 27th, 2013 at 9:13 pm #Jason

    Udit,
    They will take care of the issues with the other drivers. That has nothing to do with prior damage on your car.

    In this case, they have to determine what damage was caused by this current accident and the difference between that and what it would cost to fix the hail damage. Since the commonly accepted repair for hail damage is removing the damaged panel and then paint it, additional damage to a panel or panels that were already damaged cannot “technically” be damaged again.

    The insurance people don’t think there can be additional damage to items that are already damaged to the point that the needed repair is to replace the panel that had already been paid for to be replaced.

    This is a difficult concept for some claims people, and others, to undertand. They think if there is hail damage that the car parts that dented are worthless, when in fact, they are not. So, this causes problems because the insurance industry and their people don’t want people to be paid twice for damage to a car. You may not have been paid for the hail damage to the car but you benefited because you were able to get the car at a reduced cost because it had prior damage on it. For you to get a good deal on the car because it had hail damage, and then for you to get the hail damage (indirecly) repaired because of an accident gives you more of a benefit than making you whole again.

  299. September 3rd, 2013 at 9:46 am #Mark

    I had a fire at my house last year. The damage to the house was 174k. They depreciate the house and the claim came down to lets say 154k. That is what was paid out to me. I had talked to the claims rep and he said if I tear it down they any costs I incur of buying a new house will go towards the claim. And we talked and said that I need to incur costs of 174k for a new house that includes tearing down the old one. After I bought a new house and tore the old one down I called State Farm and found out that I have a new claim rep. The old claim rep seems to not work for them anymore as far as i was told. Also they wont pay me the closing costs, loan origination fees for the new mortgage. And they only gave me a certain percentage of the tearing down the house. I had planned on getting another 17k from the insurance company. But, according to them I would have had to spend more to get that amount when the old rep told me anything goes towards claim. Any suggestions if there is anything I can do? If you need any other information let me know.
    Also, he never told me that the value of the land will not be included. I asked the old rep about land previously and he said that it is mine to keep. He never told me the value of the new land for the new property isn’t included.

  300. September 3rd, 2013 at 10:34 am #Jason

    Mark,
    There are time limits placed upon you replacing or rebuilding your property. If you are beyond that time frame, there may not be additional funds available to you any longer. You can find that out by reading your policy or contacting your claim rep or the claim manager.

    Land is not insured under any home owner policy. The understanding is that land is permanent and it will always be there.

    If you are going to buy another property, that would be an indirect expense. To repair or rebuild on your current land would not include closing fees and other fees charged for acquiring land or property. To buy another property, those fees would be there. If you elect not to rebuild, then that is your option but there are uncovered expenses when you do that.

  301. September 13th, 2013 at 6:08 am #sabrina

    If you were in an car accident and you are a 11 year old boy with altisum, and are on social secreaty. Is social secreaty intitled to your settlement money? And if so why? If they have nothing to do with your accident. Or if they are intitled to tell you what to do with the money is it only if it goes to a cerent amount?

  302. September 13th, 2013 at 8:06 am #Jason

    Sabrina,
    Social Security Disability Insurance is a payment made by the U.S. government for a physical and/or mental disability that is paid for the care of a person or the inability of a person to earn income.

    Insurance payment(s) for an accident is for the injury, pain/suffering, or harm caused by someone else driving a vehicle.

    No insurance company or insurance program will effect another insurance company or insurance program like you mentioned.

  303. October 22nd, 2013 at 1:05 pm #Tonya

    We discovered wet carpet in our master bedroom closet last week and also noticed that laminate flooring in our masterbedroom. When we pulled up the carpet in the closet, the padding was soaked and the wood nailed to the padding/flooring underneath was also wet. We called a plumber to come out and the plumber we called said it “looked” like a shower pan leak but he couldn’t fix it because that was not his speciality. He referred us to a nother plumber. In the meantime, we called the insurance company. The adjuster came out, took a look and said that it’s possible that the leak is from the grout in our shower not being completely sealed. There is a small gap between the base of the shower seat and the bench. He said water could seep in to that opening causing the damage we are seeing. He took our information, took pictures and sent them back to the insurance company. The insurance company called today, said they wanted to send a leak detection company out to determine where the leak is coming from. If they do detect that its’ coming from the grout “gap”, is that something that they will cover OR is that considered general maintenance/upkeep (we have an HO3 policy)? Our house is only 4 years old (we built from dirt). There is significant damage (per the adjuster) invovled at this point. I’m not sure what else to do at this point if the insurance doesn’t cover it. We can’t possbily afford to get all of it fixed…Any advice you can offer would be greatly appreciated.

  304. October 22nd, 2013 at 1:28 pm #Jason

    Tonya,
    Your policy is designed to cover sudden, unexpected, and accidental damage. If the grout was not properly packed in the crack, there is an leak that will result – whether the leak is intended or not. The resulting leak would not be sudden and technically could be expected.

    The policy will not cover the work product of anybody. The work product I’m talking about is the failed grout seal. The resulting water damage due to a failed work product may be covered if it’s sudden, unexpected, and accidental. See prior paragraph above.

    The water damage might be covered but to address the grout and the gap would not be covered. It really depends how your insurance company will view your claim and how the damage resulted. The longer the water has leaked, the less likely the insurance will cover it.

  305. October 23rd, 2013 at 10:14 am #los

    I had a break in awas told to make a list and have reciepts.my mother had some of the reciepts because.of some of the item were gifts to my sons and me.I have never did a insurance claim before,so on my home from work I stop by my moms house for the reciepts I grab the ones in a pile of her bed not know I took one of her reciepts for her ring she had brought 6yrs ago, because she separted them because she keeps a big envelope of reciepts, so any way I didn’t know I had it and she didn’tnyow either. Anyway the adjust said drop them off at the office on my way home.the next thing I know they said it look like it was altered and told them I didn’t know what they were talking about what womans ring so the nextt day she faxed it to my job I had not seen the reciept beforen so I cAlled my mother she say that was not my reciept but it was hers and I should not have it and what they mean it altered it a old hand written reciept and call them to explain that I pick it up by mistake and that she has the ring and she paid 690.00 on ebay years ago.theyy said they would think about it after taking almost two months to respond to tell me that because they would not return any phone calls.so what can I do at this point, also they sent another agent out a week after to take pictures after the door and window was fix and the house was cleaned up and she drove up down the street taking pictures of the niegborhood.

  306. October 23rd, 2013 at 11:53 am #Tonya

    Jason:

    Thank you for your response to my post (It’s number 303 and 304 above). The leak specialist came today and told me that the problem IS with the shower bench but it’s not with the grout. The seat has buckled/broken and became separated from the tile and caused the gap. The water is coming in through the gap and caused the damage. I was worried that the grout scenario would have been labeled a “maintenance” issue and completely on us. With this new revelation it looks like the bench failed and that is not our fault. The builder is coming today to look at the work as well. Not really sure what to expect at this point. I’m not even sure how long the water has been leaking just know that there’s damage…Will the insurance take this in to account when deciding to approve/deny the claim? What if we don’t know how long the leak has been there?

  307. October 23rd, 2013 at 12:07 pm #Jason

    Tonya,
    The seat and how it attaches to the shower tile is also a work product. Repairing the seat and how it attaches in the shower won’t be covered, just like any grout seal gaps won’t be covered.

    Will the resulting water damage be covered? That again is up to the insurance company and the adjuster to decide when applying the water damage situation to your policy.

    You guys took immediate action when you discovered the leak. That is as much as you can do. Doing something as soon as you find out is the right thing to do. Ingoring it for weeks or months would work against you. The buckle/break you mention seems like like it would lead to coverage but I don’t make that determination.

  308. October 23rd, 2013 at 12:51 pm #Jason

    los,
    Do you have a question about insurance?

  309. January 8th, 2014 at 10:52 am #Kyle Meyers

    Ok so I’m a renters of a home a pipe has came undone in the upstairs bath room it didn’t have any plumber tape on it at all and water was pouring from the upstairs through the entire house and had wrecked all my stuff in the house I had moved into the place under a month ago so I haven’t got renter insurgence yet would my landlord be responsible to replace my stuff

  310. January 8th, 2014 at 11:42 am #Jason

    Kyle,
    It’s impossible for a threaded pipe to come undone with or without plumbing tape on the threads.

    Anyway, people who own property are the ones that are out if their property is damaged or destroyed. Your landlord couldn’t care less about your property so no, he doesn’t insurance your personal property for you. He will not replace your property either.

  311. January 9th, 2014 at 5:05 pm #Maria

    I recently found out there was an indoor water leak at my primary residence and there was water coming out of the garage. My neighbor kindly turned the water off at the street level for me.

    I am currently out of town long term for medical reasons.

    Due to the extreme cold weather, I am guessing that a pipe may have burst in the house. I am on my way to inspect the damage.

    My question is this;

    In what fashion would I frame a claim if need be? My biggest concern is that I was not there for an extended period. I did have neighbors watching the house. I am afraid of being penalized or even denied. Under what circumstances could they deny me. Any advisement and advice would be appreciated since I’ve never filed a claim before.

    With much gratitude…

  312. January 9th, 2014 at 7:56 pm #Jason

    Maria,
    In a typical and standard homeowner policy, coverage would cease after the home is vacant for over 60 days but that only applies to the coverage of Vandalism Or Malicious Mischief. Vacant homes are a magnet for people looking to damage property.

    The likely condition at your home is probably a broken water pipe due to freezing. Just as long as you either maintained heat in your home OR drained the pipes of water if no heat was maintained, the loss should be covered.

    I will not coach a person to “frame” a claim in any manner. I always encourage people who are making a claim to provide the truth and utmost honesty. If damage is not covered, lying or misleading can lead to not only a denied claim, but severe legal trouble.

  313. January 10th, 2014 at 5:00 am #Maria

    Jason,

    Thank you for your reply.

    I think you may have misunderstood my meaning and use of the word frame. I meant it as “presentation”.

    I have read that the choice of words you may or may not use could affect your situation. For example, I’ve heard that the word “flood” is to be avoided.

    I was merely trying to seek some guidance since I have zero experience with filing a claim and I’m afraid it would be complicated.

    I by no means was asking for you to say anything deceptive, only the proper course of action for my situation.

    Thank you again.

  314. January 10th, 2014 at 5:59 pm #Angela

    I had electrical issue in my home about a month ago. I got my homeowners insurance involved for which they send me payment to cover the charges.

    When I received the check, I went ahead and contacted a license electrical company who came out and repaired the damages. So I thought.

    I was covered for burnt surge wires 2 100 amp breaker boxes and rewiring of burnt wires. And replacement of something down on the outside meters.

    Here’s my issue- since day one when the electrical company was done with the job. I’ve had problems plunging anything in- in some sockets. For instance If I use a socket to plug something in the item will stay on for mins then all my lights turn off and I will have to go to the basement and turn the breaker back on.

    In addition all my lights on the second floor flick constantly all day while their on. I reached out to the electrical company several times about these concerns and continue to get the run around as if they have no intend to ever come back out to look into the matter.

    I don’t know what to do and I’m afraid that the issue can be fired hazard.

  315. January 10th, 2014 at 6:20 pm #Jason

    Angela,
    With tripped circuit breakers and flickering lights, it appears you have either a frayed wire with an exposed ground or hot somewhere in the electrical system. Or there could be a loose wiring connection at a circuit box, a light switch, a light, or outlet. Either of these would cause lights to flicker and/or circuits to trip.

    This is more of a contractor issue than it is an insurance issue. My brother-in-law is an electrician and he confidently believes most electrical fires are because of a loose connection to a switch, outlet, etc. Although this is a contractor issue, if unresolved, it may be a very large insurance issue if your home burns.

    Take immediate action. I can’t determine if the contractor’s work is the reason for this or if there is an unidentified area that was damaged and not part of your home’s wiring that was fixed from your prior claim. I suspect it is a hidden area not discovered during the claim inspection.

    Whether you get the same contractor in your home or a completely different one, you need to address this issue immediately. Electricians can test for leakage or arcing wires throughout your house to find the area(s) of concern with testing equipment they have.

    Should this be covered by your prior claim? Probably but this is so important that you have to act now and then try to get the insurance caught up later. Call your insurance company and tell them your concerns and get an electrical contractor in to test all of the wiring in your home. A couple hundred dollars vs. a couple hundred thousand dollars should alert you that this is serious.

  316. January 13th, 2014 at 10:11 am #Mark H

    Hi

    I have a contractor at my house to check out my front porch, which started leaking heavily after a recent snowing. I assumed something simple like snow getting over old flashing, not knowing much about building construction.

    He’s told me I need to talk to my insurers and let them know that the roof over my porch appears to have a lot of rot inside and this is probably a problem that has been around for a while.

    My question is, I understand that insurers generally exclude dry or wet rot, but if it’s not visible and has only been observed due to a current weather event, how was I supposed to know it existed, previously (I only bought my home 18 months ago).

    My contractor has told me to confirm to the inspector (who presumably works for the insurance company) that this was only seen recently, but the porch itself is not exactly brand new, so it’s hard to state there was nothing prior to this occurrence, and little reason for the inspector to take my work for it.

    What’s the best approach on a potential claim?

    Appreciate your advice on this. I’m concerned of the eventual bill.

    Regards

    Mark

  317. January 13th, 2014 at 10:18 am #Jason

    Mark,
    Present your claim the best you can and prepare for a denial.

    The only damage you mentioned is rot and you are correct that wet and dry rot conditions are not covered by the policy.

  318. January 13th, 2014 at 11:13 am #Mark H

    Thanks, Jason

    Not what I wanted to hear but fairly much what I expected. I’d hoped there would be an element of discussion due to lack of obvious issue.

    Best regards

    Mark

  319. January 15th, 2014 at 5:02 pm #Paula

    I was sitting in my car stopped at a light and was hit from behind by a car that never stopped. I went to the hospital and months later have recovered from my injuries. I didn’t want to involve an attorney because I had no trouble having my car repaired and negotiating a settlement. It wasnt easy working with this other persons insurance company (Esurance) and I was ready to sign the release and get it over with. I faxed it and mailed it as they requested. That was 3 weeks ago. How long does the claims adjuster have to sit on a signed release without releasing the check for pain and suffering and paying my medical bills? If these medical bills aren’t paid they will be deducted from my state income tax return. If this does end up happening and I signed a release saying that Esurance is to pay my medical bills directly to providers what recourse would I have? Thanks.

  320. January 15th, 2014 at 5:35 pm #Jason

    Paula,
    You shouldn’t post questions on here when the answers you seek are from Esurance. Esurance is really owned by Allstate. Just for clarity, Allstate is not rated very highly for customer satifaction. In fact, they rate very low in this category.

    Your medical bills will not be deducted from your taxes. In order for that to occur, the medical facility would first need to secure a judgment. Then after that, they would have to have the court approve a number of forms and those forms would have to be sent to the IRS or your state tax department. This avenue is rarely taken for people that owe medical bills. The medical bills would be first turned over to a collection agency. After that and if collection attempts weren’t successful, a judgment might be sought. If a judgment was secured, the most likely action would be garnishment of your employment wages or salary. The bottom line is that you probably don’t have to worry about anything because your bills will be paid and this entire claim will be resolved relatively soon.

    Call Esurance and find out the status of your claim. This is way too early to be talking about any type of recourse so we will not do that.

  321. January 16th, 2014 at 4:15 pm #donna

    I had a pipe burst recently in my office building. Flooded it. Ceiling fell in etc. Happened 9 days ago. I am in TN. Today Adjust came. Called first. Said I needed a contractor there with me. My agent said I need a contractor there with me, so I got several bids, contractor there I thought just to answer any questions. Adjust said they would write claim check to me and contractor. I know I can sub out the work and get it done cheaper. My agent said I would not receive as much money on my claim if I don’t have contractor there? why? what would be the difference? I think I can get material cheaper also? Please explain? what if after we get started, I don’t like the work being done?

  322. January 24th, 2014 at 3:52 pm #Rosa Delgado

    My sister had extensive hail damage to her house. She was granted $23,000 for repairs including a new roof. She went through the proper procedure required by mortgage holder, Wells Fargo Bank. Each time contractor her an invouce she sent that to bank and bank sent check made out to contractor. The contractor went through the $23,000 without completeing all of the repairs that the insurance company had alloted the money for. After going back and forth with contractor, he threatened to sue her for non-payment. He was paid and that was done. She contacted insurance company and let them know about the repairs that were still pending. The company sent another inspector who granted her $26.00 more to complete repairs. She then contacted an advocate group thst was helping people in the same position. After a year of inspections and attorneys, she was awarded a settlement of $55,000. Exactly half of this amount goes to the attorneys and she gets the other half to complete repairs. The check will be made out to her and Wells Fargo. This is a settlement, not an insurance payment on a claim. Is she entitled to the entire amount or should Wells Fargo be in control of funds like begor? Are attorneys entitled to half of settlement?

  323. January 24th, 2014 at 4:11 pm #Jason

    Rosa,
    The information you provided is hearsay and I’m not going to rely on it to provide any answers because second-hand or third-hand information will not yield accurate answers.

    If your sister has questions, she should discuss with those concerns with her attorney. We have no information concerning the contract she has with her attorney – and that is none of our business anyway. The arrangement of a 2-party check is between your sister and her bank – again, that relationship is none of our business.

    In review, your questions are related to legal and banking and are not even insurance questions.

  324. January 25th, 2014 at 11:44 pm #Rosie

    My mother, the policyholder, died 3 years ago. I continued to pay the homeowner’s insurance since siblings were still living in the house. Ownership of home and insurance policy is still in my deceased mother’s name.
    Home was totally destroyed by fire last week with the cause still to be determined. Taxes are behind on the home. Do you see a possibility of claim being denied? It’s with Allstate and we are just learning of it’s bad reputation.

  325. January 26th, 2014 at 6:39 am #Jason

    Rosie,
    In the 7 sentences you provided, you’ve raised some concerns I’m sure the insurance company will want to address. Those concerns are:

    – Why isn’ the insurance in a living person’s name
    – Why is the home still in the deceased person’s name
    – Why is the insurance current and not the taxes
    – What caused the fire

    These are just a few but I envision many more questions concerning your siblings who lived at the home.

    Besides the obvious concerns, the insurance company has a reputation that is ranked very low by many people. Any claim has the possibility of being denied so to speculate on your claim would be meaningless.

  326. February 2nd, 2014 at 9:39 pm #Candy

    I was tryin to leave my brother’s house and drive back home but I started my car and instead of backing up I accidentally put it on drive and it march and it something and made a big pump in front of the right side of my new navigator. I have full coverage and iam really mad and sad at the same time now cause I just bought it not more than 2 months ago now and I have an accident already. Will the car be covered? I really don’t know how this works but all I know is I have full coverage and $1000 deductible when something happens. Pls pls anybody??????

  327. February 2nd, 2014 at 10:30 pm #Jason

    Candy,
    Make a claim. There is nothing you mentioned that would indicate your damage would not be covered.

  328. February 3rd, 2014 at 8:19 pm #Elisabeth

    Our home was hit by a windstorm on 2 sides. The ins. co. only wants to pay to replace one side and use the “good” 22 yr old siding cheap from that side to replace the backside. Can we use the “matched set” clause in our policy to ask them to replace all siding so we don’t have patches and sides of our home that do not match?

  329. February 5th, 2014 at 2:48 am #white

    I am wondering why there is nothing about Farm Bureau on here? Also, how would I go about getting a copy of my insurance policy on my home? I have farm bureau and they suck! Can they drop coverage on my roof but not cancel my policy?

  330. February 5th, 2014 at 6:07 am #Jason

    Elisabeth,
    Your policy covers direct damage. That means only the parts of your house that are damaged get fixed. The undamaged siding doesn’t need to be replaced by insurance because it’s not damaged.

    Because of what I just said, the policy doesn’t care about undamaged home components from a windstorm. When it comes to matching siding, roofing, or flooring the policy is silent about matching. The policy doesn’t address the matching concept except to say it covers only direct damage. Although the policy is silent, the courts are not. The legal decisions basically indicate that matching home components is an indirect concern and not covered by the policy. (Some state’s legal position favor the insured more than other states, like MN, for example)

    The pair or set part of your policy applies to personal property only – not your home components.

    Although the undamaged siding is technically not covered, you are the insurance companies customer and they want their customers satisfied. If you complain and insist you will never be satisfied with the repair they are proposing, they may cave and allow for more siding to be replaced.

    One other thing. Since they want to use aged and faded siding from one side to replace siding on another side, the existing siding used to repair that one side may not match with the other existing siding due to fading. If they are requiring you use salvaged siding, and if the existing siding doesn’t match your other existing, that would not be acceptable and the courts frown upon making a house look piece-mealed together.

    If you have other questions, just post again.

  331. February 5th, 2014 at 6:57 am #Jason

    white,
    Contact your insurance agent for a copy of your policy. There are hundreds of insurance companies so if you don’t like your current company, find another one. Look at the link above for BEST AND WORST INS. CO. to research good and bad companies.

    Yes, it is common practice for insurance companies to exclude some components of a home (like a roof), but that exclusion has to be known to the insured before it’s excluded.

  332. February 5th, 2014 at 2:58 pm #Elisabeth

    Hi Jason,

    Thanks so much for your detailed response! I’ve read and seen advice that the matched set clause, while generally used for personal property losses, is general and can be used for issues like matching siding as well since that is part of a ‘set’.

    My loss to a set or pair clause is in a general area of the policy and does not once refer to only being used for personal property nor does it mention “personal property” anywhere. When I asked my adjuster about it, he hemmed and hawed and said it is “usually” used for personal property but then changed the subject and threw some personal accusations out and we didnt get back around to it before I had to get off the phone and attend to my crying baby.

    I have sent him the articles citing its use in MN and recommended elsewhere. I understand it’s not necessarily a standard ruling but has been ruled in favor each way. We are also on a curve (think corner view) so the ‘line of sight’ ruling would also apply I’m thinking for both left and right sides, which are adjacent to the damaged sides but not damaged themselves.

    We are considering selling in 2-5 years and we do not want this to affect our property’s valuation. I did contact a really good realtor in the area who wrote up a letter for me and advised we could lose $5k or more in value with differences in materials and color variations, even if slight.

    Sorry to keep picking your brain- we’re just not sure where else to go with this as far as advocate advising. Thank you!

  333. February 5th, 2014 at 3:24 pm #Jason

    Elisabeth,
    In the context of the policy wording, it alludes to personal property in the surrounding context, but you are correct that it is in the “payment of a loss” area of the policy, which is a general area covering both personal property and the home itself.

    In which state do you live? If you live in MN, you have the upper hand in this argument for complete replacement. There are other states too but since you specifically mentioned MN, I make this assertion.

    You are correct that rulings have been made for each side. The predominant rulings have been toward the insurance company and against matching – except in a handful of state, such as MN. Although MN is a “pro-matching” state, they do outline guidelines that you can’t leave a house in a non-matching status, but also note reasonable limits. We won’t get a definite ruling unless this matter matching issue goes to the Supreme Court.

    Get a realtor’s letter to support your position. Get the contractor’s letter to support that it will look bad. Get the siding distributor’s letter saying it won’t look good. You provide a letter about your dissatisfaction about how it will look. Get a neighbor or two to provide a letter that they don’t want your property to affect their property valuation. Send supporting information for full siding replacement from the web that you find. Each one of these will be one more reason for the adjuster to cave to your full siding replacement demand. The “squeaky wheel is the one that gets the grease”. Keep on them until you get the results you want.

    After, or during, the process of the letters, contact the claim supervisor about your concerns. If all the above don’t result in your satisfaction, demand another aduster to inspect your property for another opinion. Relay the information that your current adjuster who inspected is not treating your fairly and is trying to piece-meal your home into something that is not attractive.

  334. February 5th, 2014 at 3:40 pm #Elisabeth

    Thanks so much for the clarification! The policy is so hard to interpret in many ways- the most important of which being the value of the damage and having it appropriately dealt with. We don’t want to feel as if we are being dishonest with what we ask for, but at the same time we feel like they are offering very ridiculous options for repair that 6 of 6 siding companies who I’ve received bids from thus far have scoffed at and cited very credible technical explanations as to why what the company is suggesting is a horrible solution and certainly not an appropriate fix.
    I will undertake your suggestions and have sent him some of them already just today. I’m sure he is not happy at all with the email I sent to him citing all the feedback I’ve received from other professionals thus far in addition to the siding companies feedback.
    I don’t know if it is completely within moral realm to demand a full siding replacement, as it seems just getting them to do a full side is pulling teeth, but it seems like policies are negotiated until the party who won’t back down is left standing b/c the interpretation is so open?
    Thank you again for all of this information – it is validating and highly informative. Quality feedback!

  335. February 5th, 2014 at 3:53 pm #Jason

    Elisabeth,
    Another tactic you can use is getting a contractor’s full siding replacement estimate along with his letter saying he will not perform a repair – he will only do a full siding replacement. Assert that he is your contractor and if you can’t get your contractor to do the repair, you have to do a full siding replacement. Firmly ask your insurance company not to put you in the middle and ask for all the siding to be replaced. Having a full replacement estimate is important because it is the stepping stone to the insurance company writing a full replacement check to you.

    Yeah, it’s sort of a game so see who caves first.

    You paid your premium to have your house protected, and not to have it cobbled together. Nothing you’re doing is immoral.

    I also have to conclude you live in MN. Minnesota has the stigma of being a “matching” state because of their court rulings. Independent insurance adjusters and contractors refer to the state using that term since homeowners generally always get their insurance companies to cave on full siding replacement. Especially if the siding is discontinued.

  336. February 5th, 2014 at 4:13 pm #Elisabeth

    What is the difference between having a contractor do it versus a siding company? What does it mean being “put in the middle”?

    I’ve already set them 5 quotes, working on more. If i’ve already sent them siding quotes I cant switch to a contractor, can I?

    I bring up being moral, b/c I live in UT (not MN, sorry) and I think that people here like to first jump on an automatic standpoint of first classifying whether or not your motives are honest or dishonest with no room for being in the gray or negotiating realm- maybe that is just my personal feeling. Either way, the adjuster has treated me as if my expectations- for even having the one side full replaced -are ridiculous and dishonest. We have had quite the arguments via phone over it.

    My neighborhood was affected by the windstorm that caused our damage and several friends have had full siding replacements for just one side of damage (we are all in the 22 year old housing range) without any issues or negotiations with their HO companies. It is unreal how differently we have all been treated in the claims process. We went with our HO Ins. company after doing much research because they were purported to have the best customer service experience in the State. We even had to sign statements that we would never drink or smoke while owning this policy!

    I tried to pull my insurance agent in as an advocate but he put his tail between his legs and came back and tried to convince me to just pay someone to do the patch (so I wouldn’t have to pay the deductible) and “see how that turns out” with no guarantees to what would happen if I did not deem it good and despite all of my assertions and information (from my professional siding bids) that it would be a bad job. When I countered this to him after he told me that he kind of just bowed out of the process. Yes, it has been a side-show. Wish we did live in MN right about now.

  337. February 5th, 2014 at 4:28 pm #Jason

    Elisabeth,
    If the siding company has the workforce to replace siding, then they are a contractor. There is no difference.

    “In the middle” is a contractor (siding company) that will only do it one way and the insurance company not allowing that. It means you have conflicting problems between what’s allowed and what the siding company will do, or not do.

    Utah isn’t as strong a state of MN. Sorry. Keep fighting.
    One thing, don’t argue, yell, or raise your voice. Always speak firmly and repeat your demands. (Nobody likes a heated argument.)

    Lastly, get a different agent who you can trust to back you up when needed.

  338. February 5th, 2014 at 8:49 pm #Elisabeth

    Sounds good.

    I have 5 of 6 contractors who’ve told me they’d refuse to do the job the adjuster is suggesting b/c they wouldn’t be able to warranty/guarantee the work and they don’t do work they can’t guarantee- its just good business sense. They said they don’t work with salvaged/recycled materials due to its fragile and unpredictable nature. They all told me it’d be more cost, time, and effort to try and salvage and reuse the old material than it’d be to just to throw up new. You’d think that’d be enough for this guy but he was insistent on bringing in his own contractor to check out the damage and unsurprisingly he sided with him. I’m waiting on his response to the email I sent today with all of the information I could find from articles and rulings online to the realtor’s letter and advice I’d received all around from a myriad of related professionals. I have an attorney in the area who is ready to review our information and draft a letter to the company regarding the legal specifics of the policy for a nominal fee, if needed. The next step before that may be to ask for another adjuster or speak to the manager, as you suggested.

    I definitely want to sign on with a new company and have received some good referrals from friends- we’ll have to go back to the drawing board with research. I’ve been worried about having 2 claims on our record in a 3 year period (as I’ve read that 2 or more in a 5 year period is the kiss of death and the company cuts you lose) but I’ve read that if the claim is resulting from a severe weather incident then they are unable to drop us? I’m just worried about a future company being unwilling to take us on with our new claims history. We’d never filed a claim before these 2, but I’m not sure how much another company would take into account?

  339. February 5th, 2014 at 9:02 pm #Jason

    Elisabeth,
    An insurance policy is a contract between two parties. Each party can end the contract at anytime for any reason. (Insurance company has to give 30 day notice).

    Don’t worry about it because you have 2 claims with your current insurance and you will be paying your premium based on that. If you go to another company, you will also be paying for 2 claims. It’s all the same – just make sure the company is reputable. The number of claims for cancelation is different with all companies. Amica and USAA write homeowner insurance in Utah. Both are highly rated. The limitation with USAA is that you or your family has to be prior or current military.

    Contact the manager sooner than later. Let the manager know that the adjuster brought his own contractor and that their visit was a sham for show and the adjuster’s countractor isn’t listening to your contractor – the actual contractor that’s going to do the work.

  340. February 5th, 2014 at 9:57 pm #Elisabeth

    Thanks so much for the great great advice! I will check with those companies and get with the manager. The company apparently recommends out certain businesses that they work with. This seems to be standard practice here, from what I’ve read, but to me it is shady and from what I’ve heard of their recommendations- the people come in and bid low or say they’ll do these stop-gap patches, cut corners to line their pockets better and move on. The adjuster claims my siding contractors are going to want to line their pockets whereas his are apparently just doing it out of the goodness of their heart.

    Both of our claims have been from the severe windstorms this area has been uncharacteristically hit with in the past 3 years. I’ve heard here in UT that they can’t hold these no-fault weather claims ‘against’ you but since these storms the ho ins companies have increased premiums and deductibles citing these increases as necessary as a result from the storms. So far ours have not gone up from this, but I’m guessing it’s only a matter of time.

    Oh the joy of this process.

  341. February 6th, 2014 at 7:11 pm #Rosie

    Thank you for your response to my question 324. I was named as executor in my mother’s will but never accepted it due to many issues that developed with my large family. No one stepped forward to probate the will or be the executor. Siblings that were squatting in the home could not afford to pay expenses and we all just were waiting hoping they would come to their senses and get an apartment. We knew eventually the house would most likely be foreclosed on due to non-payment of taxes if they stayed there.
    My thought process was to at least pay the homeowners insurance in the event there was a fire since they were both smokers. My agent was aware that my mother was deceased but accepted the payment and never advised me to do anything with the policy. It has been determined cause of fire was electrical. We have hired a public adjuster but it appears the insurance company is fighting the claim because of the policy still being in my mother’s name. Any thoughts on this?

  342. February 6th, 2014 at 9:02 pm #Jason

    Rosie,
    Rather than a public adjuster, you should have an attorney for the estate of your deceased mother.

    The insured is specified in the policy with these words:

    The words “you” and “your” mean the person or persons named as the insured on the “declarations”. This includes “your” spouse if a resident of “your” household.

    Technically there isn’t an insured and the insurance company will hang onto that as long as possible. Sure, legally the “insured” is the estate but that is out of my league. It seems a judge would need to rule that the executor is delegated to settle the estate’s claim and appointed as an “insured” – if the insurance company will allow that. You declined so I don’t even know why your even concerned about a property that is being foreclosed upon. Until you get an attorney to sort this out, I don’t see anything happening.

    To add at little more – the insurance company is in a good position. The policy conditions state (in part) the following:

    1. Assignment — This policy may not be assigned without “our” written consent.

    When this policy has been in effect 60 days or more, or if it is a renewal of a policy issued by “us”, “we” may cancel or not renew only at the anniversary date unless

    a. the premium has not been paid when due;
    b. the policy was obtained through fraud, material misrepresentation, or omission of fact, which, if known by “us”, would have caused “us” not to issue the policy; or
    c. there has been a material change or increase in hazard of the risk.

    Besides the court court order to assign an “insured”, the change of “insured” will need to be approved by the insurance company. Everything before you will take months and months.

    Also, b. and c. which include material misrepresention, omission of facts, and material change still lingers. The insurance company may retroactively cancel (or void) the policy if they deem that is the appropriate action.

    The policy agent is not your agent; he was your mother’s agent. The agent you mentioned has no duty or responsibility relating to you.

  343. February 22nd, 2014 at 6:54 pm #Fred

    I have a sump pump endorsement on our home insurance, and my sump recently broke down and allowed the basement to have water all over the floor. We had to rip out the carpet, and will want to replace at least the bottom of the sheetrock.

    My question is, there has always been occasional seepage from ground water as well- carpet would get a little wet, we would vacuum it up, dries out. Will the evidence of that kind of ground water seepage (some wood might show signs of it, not sure, don’t know what to look for, basement is finished) mean they will deny our claim for the sump pump breaking down? The pump is broken, we put in a new one.

  344. February 22nd, 2014 at 7:03 pm #Jason

    Fred,
    Your question is too specific to what’s happening in your basement and its difficult to provide an accurate answer. You can get the best answer to that question by submitting a claim for sump pump overflow damage. If you had previous water seepage and that seepage didn’t do damage, it shouldn’t matter in regard to your sump pump overflow claim.

  345. March 1st, 2014 at 7:20 pm #Joan

    Hi there,
    We have owned our home for about 14 years and over time have noticed an interior wall has “settled” lower and lower each year. We are at a point of wanting to remodel so we took apart some of the ceiling under the wall and a cold air return on the wall. We discovered that the wall was not built over a joist, but between two! So it sits on the plywood and is sagging. It’s pulling the other walls towards it as you can imagine, not unlike a heavy object on a piece of paper. We had a contractor over to see if he could verify our worry and fix it. He’s claiming it will cost $6-7000 and that it should not have been allowed to be built that way. It was built in the 80s. We are wondering if this is something our insurance should cover as it will only get worse?
    Thank you,
    Joan

  346. March 1st, 2014 at 7:45 pm #Jason

    Joan,
    It will get worse over time. Your policy covers events that are unexpected and sudden. The situation of your home is neither sudden or unexpected. In fact, if the construction is improper, the result you are experiencing is an expected result.

    Your policy excludes defective construction methods with the following language:

    12) Wear And Tear — “We” do not pay for loss caused by:
    a) wear and tear, marring, or deterioration;
    b) mechanical breakdown, latent defect, inherent vice, or any quality, fault, or weakness in property that causes it to damage or destroy itself;

    AND

    b. Errors, Omissions, And Defects — “We” do not pay for loss caused by one or more of the following:
    1) an act or decision of any person, group, organization, or governmental body or authority, or the failure of any person, group, organization, or governmental body or authority to act or decide; or
    2) a defect, a weakness, the inadequacy, a fault, or unsoundness in the:
    a) development, planning, siting, surveying, zoning;
    b) construction, compaction, design, grading, remodeling, renovation, repair, specification, workmanship;
    c) materials used in construction, remodeling, renovation, or repair; or
    d) maintenance;…

    The policy also excludes collapse, even though the condition you indicates does not meet the defintion of collapse based on your policy language.

    If you make a claim, you can expect the claim to be denied based on the above information.

  347. March 5th, 2014 at 3:31 pm #Gina

    I purchased a car in March 2013, about a year ago from a buy here pay here lot. I received the title in the mail which I thought was strange because I had financed a car from the same place before and they gave me the title when I paid it off. I put full coverage on the car at the lot because they had to verify since it was financed. Around the beginning of May my son borrowed the car and had a horrible accident in the car. It was totaled. My insurance company (when I called to make the claim) asked if had the title. I told them yes and faxed to them as requested. About a month passed and the insurance company called and asked if I wanted to pick up my check or them mail to me. Its right up the street so I picked it up. It was a check made out to me and me only. I cashed the check and that was that. The car lot called not too long after that saying it was a mistake that there was no lien holder on the title and the insurance company should have known and I should have given check to them. During the past year I have been threatened with phone calls and letters and them telling all my business to my references. I have offered to pay the money back to them, but they want a large amount of money within two days or they say they are coming to my county and filing criminal charges. My question is, can they file criminal charges? I was morally wrong but not legally. I agree I need to pay them. I can see that they could file a civil suit but not have me arrested. I just need someone that knows about this type of thing to please let me know. I have filed for disability, my health is not good and I don’t need to be in jail for something I am willing to fix. I was wrong, I admit it, I feel horrible. All I can do is repay them. Can anyone help with my question?

  348. March 5th, 2014 at 3:43 pm #Jason

    Gina,
    Nope, they can’t have your arrested. You did nothing wrong or illegal. The matter before you is a civil issue. The most they can do is sue you for the amount of money not yet paid. Since you are receiving disability, they can’t take that income from you through garnishment.

    Either pay them or don’t pay them. That’s your choice. I don’t think they will ruin your credit anymore than it already is. Their tactics are too aggressive if they are threatening you with arrest.

  349. March 5th, 2014 at 4:09 pm #Gina

    Jason,
    Thank you, I hate to ask this but is there any way that you would call me? I am literally throwing up, I am so scared this is making me sick. I can’t eat, sleep…I am just a mess. I need to talk to someone such as yourself that knows what they are doing and can give me advice on how to handle this. I promise I won’t take a lot of your time. Please. 404-398-4331

  350. March 5th, 2014 at 7:33 pm #Jason

    Gina,
    The options for you are to post on this site or send me direct e-mails at the orange e-mail address near the top of this page. I’m sorry, don’t do phone calls.

    If you need advice, just ask either here or use the orange e-mail address above. I will address your post or e-mail as soon as I see it.

  351. March 5th, 2014 at 8:30 pm #Gina

    Jason,
    Thank you for your help. I was just going to ask how sure you are of this? They are telling me that they are going to get a warrant for fraud (for cashing a check in my name knowing that I had a contract with them) and signing the back of the title over to the insurance company. Which she said “plainly states that there are no liens on said vehicle”. And/or a warrant for coercion. This has been going on for almost a year and it does seem to me if they could do anything they would have already. I wanted to ask how do you know this information and how sure are you that they can’t do any criminal prosecution? I live in a small county and if you get in any trouble they don’t mind giving you plenty of time. I am too old for that and not in any condition to be in a place like that. It all boils down to I am really scared and need to know for sure they are not able to put me in jail. And I also wanted to know what to say if they call again? I don’t know how to repay you for your help, if you take donations please let me know. Thanks again

  352. March 6th, 2014 at 8:25 am #Jason

    Gina,
    I’m 100% sure. Nothing you did is fraud. They have no ability to secure a warrant for fraud. They are using strong-arm tactics to scare you. I find their actions offensive and rude. (I assert this confidence based on the premise that you repaid at least .01 cent of the loan for the car.)

    The buy-her-pay-here place screwed up and failed to secure a lien on your vehicle. They screwed up and they need to live with the consequences of their mistake.

    My experience and knowledge gives me 100% confidence that nothing you did crosses into the criminal area – it’s all civil concerns. Civil concerns are not criminal.

    If you don’t want them calling again, submit to them in writing notice that they not call or write to you anymore. They are trying to collect a debt and they need to follow fair debt collection practices. So if you write to them and tell them not to contact you, and they do, they are violating the law. (Look up fair debt collection practices for more information.)

    The donation link is in orange lettering at the top of this page.

  353. March 11th, 2014 at 10:09 am #michael angelo

    Greetings , while pulling into a parking space in a local strip mall I drove over a pile of frozen ice and snow that the snow plow guy left over the curb , you could not see it when you pulled into park. After shopping I pulled out and the ice ripped off my bumper . Who is at fault. Thanks For Your Help Michael Angelo

  354. March 11th, 2014 at 10:42 am #Jason

    michael,
    Of course you are at fault. You were the one moving the car when the damage occured. The ice didn’t damage your bumper, your driving damaged the bumper. If you cannot see the driving space, or any area you are entering, then don’t enter the space.

  355. March 15th, 2014 at 7:00 am #hylas

    I had a house fire, and the insurance company is trying to tell me that the house is totaled. because the damages exceed the amount that im insured for, by 30,000. So the house is insured for 160,000 and the damages were 190,000. Two questions if im insured for 160,000 shouldnt I be given the 160,000 to repair my home and anything after that Im responsible for? And since i dont completely own the house, and i still owe the bank 100,000. Does the bank get there money and then whats left over I use that to fix up the house or Do I just find a contractor that can do the work for cheaper I can kep my home, and that way the insurance company has to pay me the full amount.how does that work? I dont wanna loose my home. Also Im not behind on my mortgage payments. Ive been paying my insurance on time for over 30 years.

  356. March 15th, 2014 at 8:41 am #Jason

    hylas,
    The questions you asked should be asked of your insurance adjuster. I don’t know if your policy is an ACV policy or a replacement policy. I don’t know in which state you live so I don’t know if a state “valued policy” law applies. I will assume your policy is replacement and you do not live in a valued policy state.

    You should be paid the ACV of your loss until the home is rebuilt, then you should be paid the rest of the money, up to the policy limits for your loss. But if your coverage is $160,000 and the damage is more than that amount, there is a provision in your policy that will pay up to an additional amount of 5% over the $160,000 for debris removal expenses.

    The insurance is for repairing the damage to your home. The bank does not get paid unless that is what you as the insured want. The money from the insurance may flow through the bank but insurance money is for rebuilding your home.

    I’m not going to address the contractor question because how you rebuild your home is up to you. If you have other questions, just ask.

  357. March 19th, 2014 at 12:24 am #Kay McDonald

    I own an Automotive paint and Supply store in NM. I was changing a belt on the lower section of a mixing machine when it collapsed on top of me along with over 100 gallons of paint. I currently have a broken back, ribs broken and ruptured discs. The insurance company was all too happy to pay well over $28,000 on the paint and equipment (with my word alone) but refuse to pay for any of my injuries. I was part of the total accident but them taking responsibility for just half of seems illegal to me. I feel like I have extremely good coverage but am giving that second thoughts. Would I be Money ahead to hire an attorney and if so what type of attorney would I need? My medical bills are building and it seems like there is no light at the end of the tunnel. Please gibe me some advise as to what actions I can take. The ins. co. is CNA Sorry company!!!!!!

  358. March 19th, 2014 at 7:22 am #Jason

    Kay,
    CNA is roughly the 10th largest commercial and property and casualty insurance company in the US. You’ve indicated they paid for your property losses but they aren’t paying for your medical expenses. I can assume you have property coverage through CNA, but I don’t have the same confidence in regard to your medical or health insurance coverage. Property and Casualty insurance, for the most part, doesn’t provide health insurance coverage as part of their property coverage. Separate health insurance is needed for employee/owner injuries.

    Whether you were part of the accident or not, you need to have some form of medical or health insurance to have your injuries considered. If that isn’t in place with CNA, then CNA won’t pay a single dime of your medical costs.

    Discussion about an attorney is premature without knowing if you have medical or health insurance.

  359. March 27th, 2014 at 10:23 am #Sarah

    I was in a hit and run. The police had finally found the guy and he admired to being at fault and I have a claim with his insurance company. When I filed the claim I told them that I had been injured (sprained back) and was going to physical therapy for as a result of the wreck. They told me that I would get a call from personal injury about it but have not heard anything. The adjuster came and looked at the car and I am getting a check in the mail. This check barely covers the damages but he made it so my car wouldn’t be totaled. Does my medical bills for my back come out of the check or is it a different claim? I am confused as to how to go out getting money for my physical therapy bills. My medical insurance will not pay because it was from a car accidents. I have State Farm and so does the guy who hit me.

  360. March 27th, 2014 at 10:23 am #Sarah

    Admitted not admired

  361. March 27th, 2014 at 11:09 am #Jason

    Sarah,
    You technically have 2 separate claims going on. The first one relates to the damage to your car. That one is relatively easy to settle. The damage occurred instantaneously and the vehicle damage can be determined by writing a simple estimate.

    The second claim you have is a bodily injury claim. Injury claims are settled after all treatment is received and all medical bills are incurred and billed. The insurance company will ask you for an medical authorization from you so they can review your medical records (including your medical bills). With the medical review completed, they will be able to determine a settlement for your injury. Their settlement is a one-time event and will include all related medical expenses you incurred, and will also include an amount for pain and suffering.

    When you have completed your treatment and you are healed, you should communicate with the insurance company and let them know you are ready to settle your injury claim. They will likely request you to sign a settlement document (release) prior to sending you a check. With the settlement money, you would then need to pay your medical bills.

  362. April 2nd, 2014 at 4:01 pm #Bella

    Hi There:

    I own a condo unit that was flooded by the unit above me. The unit owner whose unit flooded mine, made a claim on his insurance and has supplied me with a claim #, however, their restoration vendor keeps saying I will also have to put a claim through my insurance company and let them “fight it out”.

    I’m not crazy about their preferred vendor (very pushy) and don’t think I will be using them, however, I would like to know….do I need to put it through my insurance as well? I don’t think I should have to, however, if it will help protect me, without costing me anything, I would do it.

  363. April 2nd, 2014 at 10:00 pm #Jason

    Bella,
    Your options are limited in this case. The upstairs owner and his/her insurance company owns you nothing. You do not have to use the same vendors they use. In fact, you as your unit owner need to choose the company that repairs your unit. The only coverage and repair options you will have for the repairs to your unit are your insurance company that insures your unit. The upstairs unit is not responsible or liable for your damage so this must go through your own property insurance for your coverage. You understanding of this is important so you can make the right decisions for you unit. You will incur your deductible no matter what so be prepared to incur that.

  364. April 30th, 2014 at 11:04 am #Cynthia

    My daughter was hit by an insured driver, the accident resulted in a miscarriage. The adjuster gave a payout amount, should we accept the adjusters payout amount or should she hire an attorney? Can she ask for a copy of the insured’s policy to verify payout amount?

  365. April 30th, 2014 at 12:53 pm #Jason

    Cynthia,
    The decision to hire an attorney has to be made by your daughter. That’s not advice someone who has no knowledge of the situation can make. By payout amount, I assume you mean settlement offer. Only your daughter can determine if the offer is fair.

    Getting a certified copy of the policy is something an attorney may request and obtain. If the other driver was sued, a certified policy may be made part of the evidence. Your daughter can ask for a copy of the policy but I don’t see any benefit to her getting a copy of it.

  366. May 3rd, 2014 at 7:35 pm #Kathy

    I had a fire and my house was destroyed. The city code requires that a larger house be built. I have extended replacement value and but the ins. co. is saying that I have to pay the difference. How do I find out if I have “Ordinance or law endorsement” on my policy, is this common or would I have to of added it. They also told me the loss of use money they advanced me was coming out of my personal property coverage.

  367. May 3rd, 2014 at 7:57 pm #Jason

    Kathy,
    You do have to pay the difference to bring your home to the city code requirements.

    The ordinance or law incidental coverage doesn’t apply in your case since you will be using more than your coverage limits to replace your home. The ordinance or law incidental coverage does not increase your coverage limits at all. This coverage is built into nearly all policies.

    If you needed more coverage to build per your city codes, you should have had higher coverage limits. Your debris removal coverage may allow an additional amount of 5% over your total coverage limits. Review your policy to see if this may apply to your loss.

  368. May 15th, 2014 at 7:43 pm #Kevin

    Jason,
    I have a few questions regarding total loss valuation reports. First, if the totaled vehicle is a 2006 model shouldn’t the comparison be based on that model and if it strays in later models (07) shouldn’t it also encompass earlier models. The 07 models are resulting in immediate 1700 deductions from the adjusted value (although some have over 60K miles than the total).
    Second, how are mile adjustments computed? There is some randomness here that ranges from +$804 for a comparative with 21k miles more than the total to +$2680 for a comparative with 70k miles more than the total. None of the math makes sense on how miles are factored although it appears less is awarded on 2007 vehicles.
    Lastly, on the vehicle condition assessment, everything except glass was assessed as GOOD (Glass was VERY GOOD). This results in a $700 deduction on each comparison. My tires were part of that assessment and are less than six months old. Is this an issue worth addressing?

    Thanks again, thus far you have been dead on accurate on all advice.

    Kevin

  369. May 15th, 2014 at 8:14 pm #Jason

    Kevin,
    With valuations, the input should be reflective of the vehicle being evaluated. If things are average, they should be marked as average. If the items are very good, that is how they should be marked. The accuracy of the input depends on the accuacy of the results. Even vehicles 4 years apart could be used as a basis for valuation if reasonable additions or subtractions were made based on the variables. Newer model year vehicles will be used instead of older model years because of the stigma associated with comparing a person’s car with something that is older.

    You mention tires being less than 6 month old. You didn’t mention if those tires are high rated tires like Michelin or Yokohama, or if they are poor rated times like Nexen or Sumitomo – so it is difficult to say. I think it’s appropriate that tires are rated appropriately even if they are newer.

    You mention 2006 and 2007 model years without qualifying what make and model the vehicle is. Some 2006 cars can be more valuable than 2007 models – especially if a new and untested component is on the newer model. A good example is the contiously variable transmissions in Saturn vehicles. A late model CVT transmissioned car will be valued lower than an earlier model car with a standard automatic transmission. (the CVT transmissions turned out to be worthless) There are too many variables to value a vehicle to provide accurate guidance.

    Do a vehicle valuation at NADA (dot) com and find out if the vehicle valuation (offer) is in the ballpark. A claim isn’t settled until both the insured and the insurance company agree on the terms.

  370. May 15th, 2014 at 9:53 pm #Kevin

    Jason, I pulled the NADA. I went off Clean retail (as the description seems to fit). My 2006 model came to 12K. The comparable cars used for the estimate all fell in the 9-10.5K range. The difference was mainly due to the significant bump due to low miles on my totaled car.
    Before any adjustments (model/year/trim, mileage, condition) the offer I have of 10K is about $100 more than the list prices of the comparable vehicles.
    Another strange one is a $900 deduction for a compared estimate (as it was listed as having a dvd system by the private seller). Unfortunately the model he/she is selling didn’t have a dvd entertainment option offered. The seller could have added one, but would it really constitute 10% of the vehicle value?
    I understand what you wrote above, I’m just having a hard time understanding how 2007 models with lower values and double miles get an automatic $1700 adjustment that reduces the valuation summary. The 2006 models that were compared are all on the market for 1-2K more than the compared 2007 models. I’m sure smarter people then me created the valuation system and work with it daily…but it sure seems riddled with fairly obvious holes.
    Thanks again Jason,
    Kevin

  371. May 15th, 2014 at 10:26 pm #Jason

    Kevin,
    To be blunt, insurance claim settlement is a game of convincing the other party that the other party’s valuation is indicative of their vehicle’s value. There are programs, methods, and software that wil give us a “value”. The bottom line is that both parties need to agree to the information before them. Is the information always accurate? No, not even close.

    If really dumb, but influential people, know how to rule the world, does it matter if the dumb or smart people let it happen?

  372. May 17th, 2014 at 9:22 am #Kevin

    Jason,
    Will CCC One only use the same or later model year for the vehicle valuation reports? I was told by my adjuster that only same year (2006) or 2007 cars can be used for comparisons. There are only five vehicles that fit those parameters within 200 miles of my home and none within 75 miles. There are several 2005 vehicles that could potentially apply, should I submit those to the adjuster for comparison. Also, I was told distance should only be within 200…can I expand to 300-500 miles out?
    Thanks,
    Kevin

  373. May 17th, 2014 at 9:24 am #Kevin

    Jason,
    Will CCC One only use the same or later model year for the vehicle valuation reports? I was told by my adjuster that only same year (2006) or 2007 cars can be used for comparisons. There are only five vehicles that fit those parameters within 200 miles of my home and none within 75 miles. There are several local 2005 same make/model that could be used for comparison, should I submit those to the adjuster for comparison. Also, I was told distance should only be within 200…can I expand to 300-500 miles out?
    Thanks,
    Kevin

  374. May 17th, 2014 at 10:45 am #Jason

    Kevin,
    The valuation can use any parameters to which it is set. If you want to have the search expanded further, that is an option. They probably won’t use older model year cars for comparison. It would be easy to use older model year vehicles since additions and subtractions can be made to it for comparison to you model year. Submit whatever you want to the adjuster in order to support your stance of value.

    One important thing to observe on the valuation report is the overall ranking they are giving to your vehicle. They range from excellent, very good, good, fair, below average (or terms that are similar). The better overall rating, the more valuation your vehicle will have. A change in this overall ranting can amount to hundreds, and up to thousands. If you can’t see this information on the report, just ask your adjuster which ranking he/she gave and have them show you were it is on the report.

  375. May 21st, 2014 at 3:40 pm #Linda

    I received a letter from my late ex husbands insurance company on April 27, 2014, stating, “I am writing to follow up on this pending claim”. An attorney advised me that they were a reputable insurance company, and to respond with said documents and a cover letter to go with it. The letter stated to respond by May 26,2014.
    The first thing was that it was a shock to learn of my ex’s death 1 year and 8 months after his passing. My ex and I had a good friendship even after our divorce, and we attempted to keep in contact as much as possible after my returning back to the state that I had left. My current husband and I could not understand why we could not contact him after several failed attempts and leaving voice mails, since we had remained friends even though I had remarried. I lost contact with him mid 2012.
    As stated, I filled out the “Proof of Death Claimants Statement” and a copy of our divorce where I had went to my maiden name and retained it after I eventually remarried.
    My first conversation with this insurance company stated that I was listed as one of the beneficiaries, and if I “wanted to get paid” I needed to get the forms in as soon as possible, including a copy of the death certificate. My second phone conversation 3 days later with same company stated that I did not need a copy of his death certificate since they already had one they obtained by his company after his death, and that I was only to fill out the form and proof of name change.
    I called them today, since it has been two weeks that the forms were received via signed delivery, and we have heard nothing from the claims department. I was informed that they could not release to me the amount to be paid unless I was a beneficiary listed. I stated that I was and that I sent the proof two weeks ago. They informed me that they could not release any information and that the claim was assigned to an examiner that would decide whether or not I was listed as a beneficiary. I was needless to say, confused. First I am told I am listed as a beneficiary, now it has to be decided if I AM a beneficiary, 1 year and 8 months after his death? Needless to say I was transferred to the claim examiners voice mail and left a message to await someone to call me back to establish whether or not I am actually a beneficiary.
    Is this normal practice for a claim to be processed and paid? When my husband died in 1998 the insurance company that dealt with his claim paid benefits almost immediately. Is this because I am an ex wife, had no previous knowledge of his death, or a death certificate (since we were divorced) that the claims department is hesitant about releasing information? Or letting me know the amount?

  376. May 27th, 2014 at 9:13 pm #Don

    We had a roof installed and now have experienced many leaks. We gave the roofer a chance to repair, but the leaks only got worse. We requested bids from other contractors and sent a demand letter to our roofer. He has turned it over to his insurance company. There was then a delay of communication from his insurance company and then they sent out an adjuster. After one month’s time he came back that he could not adjust the claim. Now another month later his insurance company now wants to send out a structural engineer. First, should we allow the engineer to inspect our home. The insurance company states that they will only settle once for the total repairs.
    However, we are concerned about hidden damages. we really do not know how to proceed?

  377. May 28th, 2014 at 5:10 am #Jason

    Don,
    You had the adjuster look at your home. Why wouldn’t you allow the engineer to inspect?

    Just so you are aware, the water damage may be paid by his insurance but repairing the roof leak(s) will not. The roof leak won’t even be covered by your own insurance. Find a competent and trusted contractor and get your roof repaired immediately.

  378. May 28th, 2014 at 8:16 am #Mary

    The insurance states that the car can’t repar is totally damage by a
    17years person who was drinking while driving and hit my car while it was parked on my drive way. The insurance is only giving the book value of the car which is under $8K

    My car is the only mean of transporation to work. I wanted to know if it legally if I could take her to a civil court for inconvience and suffering for not having a car.

    Please let me know what I should do.
    Thanks

  379. May 28th, 2014 at 6:07 pm #Jason

    Mary,
    It doesn’t matter what sex, age, race, or mental state was of the person who damaged your car. The thing that matters is that your car is totaled. You could take her to civil court but you would have to prove your suffering. Think about it, your suffering is non-existent if you know what suffering is. Perhaps if you were in the car when the car was damaged and you were injured you might have some suffering but I don’t think that is the case. Ok, let’s say you are able to prove inconvenience. To inconvenience, the court would say we all endure inconvenience in our lives and we don’t get compensated for it. My point is that you would not produce anything worthwhile by taking her to court. You could not accept both a total loss settlement and take her to court – you would have to choose one or the other.

    Get your claim settled through her insurance company or yours and don’t dwell on anything other than getting the funds to replace your car. After that, get a replacement car. When you indicate the insurance is paying you for the book value of your car, what amount do you think they should be using? Provide support for anything that differs from blue book.

  380. May 29th, 2014 at 6:26 am #Heather Hoffman

    My car was involved in a hailstorm last week. Not sure how much the damage is yet as I have an evaluation next week. I am taking my car to my garage. Also, after I pay the deductable, the insurance pays the rest? Well, what they give me as their written estimate. Do they pay me directly or the garage I use? What happens if it costs more than what they give me?

  381. May 29th, 2014 at 6:47 am #Jason

    Heather,
    Yes, you pay your deductible first and the insurance pays the rest. If you don’t have a lienholder, they might pay you directly. If you have a repair shop, they will write the check out to you and the repair shop. If you have a lienholder and don’t know which repair shop, they will write the check out to the lienholder and you. If the cost to repair the car is more than the original estimate, they will work out the details of the extra amount with the repair shop.

  382. May 30th, 2014 at 7:50 am #Liz

    My parents had an addition put on their home 10 years ago. They recently noticed water damage in a bathroom that was part of the original house and now shares a wall with the “new” part of the house. The roof above the “new” part of the house is higher than the old roof and I suspect it was not flashed or waterproofed correctly during construction of the addition. They are going to contact their homeowner’s insurance, but I’m wondering if the contractor is also responsible for the damage.

  383. May 30th, 2014 at 9:44 am #Jason

    Liz,
    The addition was put on so long ago that statute of limitations would apply to his work and it would be all but impossible to hold the contractor responsible. One thing is for sure – the corrective remedy to the roof won’t be covered but the resulting water damage might be.

  384. June 3rd, 2014 at 3:11 pm #Noreen

    I had a major leak coming from the roof due to a storm and a breakage in the pipe. Water was coming like a faucet – I have a video. Allstate said I can only repair the roof, walls and floor. everything was wet and moldy smelling. the carpet was soaked. they are telling me that I have to patch the damages and they will not pay for any personal property. My contractor could not patch because when they cut the walls it was wet inside, all of the insulation was wet in the ceiling. any advice? thanks.

  385. June 3rd, 2014 at 3:24 pm #Jason

    Noreen,
    I can’t determine if you had water leakage into your home AND a broken water pipe. Are there 2 sources of water that damaged your home?

    Regarding the repairs, if the walls, ceiling, and floors are repaired, what else needs to be fixed? That seems to encompass everything that could be damaged. For example, insulation is part of the walls and the ceiling. I dont’ see why the insurance won’t pay for a complete repair. Why moldy smelling? How long did you leave this before you took efforts to dry your home? If you look at your policy, report what policy you have for your home. It would start with HO 003 XX XX, or HO 002 XX XX and can be found at the bottom or top on every page of your policy.

    Start looking for a new insurance company now. Allstate has a very low record when it comes to claim satisfaction among their customers. There is a link at the top of this page called Best and Worst Insurance Companies. Get a good insurance company as soon as you can.

  386. June 5th, 2014 at 8:58 am #Marsha Breen

    We recently wrote a purchase agreement for a home. During the home inspection, the inspector stated the roof had significant hail damage to the roof and gutters. We asked the homeowners to replace the roof and they refused. We then asked them to turn a claim into Farmers Insurance Company which insured their house. We had two roofing contractors go out and give their honest opinion on whether or not the roof needed replacement. They both said yes. My husband was also on the roof and it desperately needs to be replaced. The homeowners refused to turn it into their insurance company. My question is: After we close, can we turn this into their company because we have 3 written statements/quotes for the work stating the roof in shot? I think these people already received a settlement and spent the money on something else. Should we call Farmer’s and report them or will the insurance company even care that the took the money and ran???

  387. June 5th, 2014 at 9:29 am #Jason

    Marsha,
    You have an option here. That option is to cancel the purchase agreement and not buy the home.

    No, you can’t make a claim on their homeowner policy. That policy is an agreement between the sellers and the insurance company. You have no part of that contract.

    No, don’t report this to their insurance company because once the insurance company sends the money for the damage, the insurance company doesn’t care what they do with it.

  388. June 9th, 2014 at 8:08 am #LANE

    MY CAR HAS BEEN HIT THREE TIMES IN THE PARKING LOT OF MY JOB NO WITNESSES CAN I ASK MY JOB TO PAY FOR THE DAMAGES SINCE ITS CONSIDERED PRIVATE PROPERTY

  389. June 19th, 2014 at 5:03 pm #Joe

    I recently replaced the timing belt on my car I changed insurance providers because I didn’t have enough coverage. I didn’t initially tell the insurance company I changed the timing belt but my car caught fire. I had nothing to do with it can they charge me with arson or just deny my claim? I needed the car still do It wouldn’t make sense to burn my own car.

  390. June 20th, 2014 at 8:35 pm #Jason

    Lane,
    Sure you can ask your employer to pay for the damage to your car. However, in asking that, you will have to be prepared for them to laugh at you. If you want damage to your car to be transferred to somebody else, you will need to have physical damage insurance coverage. In the case of other cars or trucks hitting your car, you will need collision coverage.

  391. June 20th, 2014 at 9:00 pm #Jason

    Joe,
    The insurance company isn’t the one who charges people with arson, that would be the prosecutor in your area and may be either a city, country, or state prosecutor. The insurance company only refers arson cases to the prosecutor.

    Changing a timing belt doesn’t cause cars to burn so that makes no sense as to why your car burned. Telling the insurance company about you changing a timing belt really isn’t a detail the insurance company needs to know. If I were reviewing your claim, I would have the engine examined for timing belt failure damage as the reason why the car may have been set afire.

  392. June 20th, 2014 at 9:19 pm #Jason

    Joe,
    Also, you changing insurance companies makes no sense unless you had a stated value policy insuring your car. Those are very rare. With the majority, and actually most vehicles there isn’t a stated coverage for the car. The car’s value is based on ACV at the time of loss. The topics you’ve mentioned raise more questions about how and why your car burned.

  393. June 23rd, 2014 at 1:24 pm #Jimmy Keatts

    I currently have 13′ wide Masonite siding on my home. After a recent hail storm three sides have wind driven rain damage and debris damage. My insurance company wants to patch the holes and paint the whole house. I am fighting them on this and they explained to me that they may end up just replacing the two sides of the house damaged. They currently do not make 13′ wide Masonite siding anymore. How do I tell the Insurance company the 12′ wide siding will not work and this will affect my curb appeal?

  394. June 23rd, 2014 at 1:48 pm #Jason

    Jimmy,
    Tell your adjuster about your concerns. Your claim isn’t settled until you and the insurance company come to terms about the damage and how to address the damage. If you can’t get anywhere with your adjuster, get the claims manager involved. Just stand firm in what you want and expect. If you are in a match-friendly state like MN, you can use that to your advantage. I don’t know in which state you live so I can’t provide anymore insight.

  395. June 26th, 2014 at 12:07 pm #Rick

    I am a retiree who sometimes works as a “Dealer Trade Driver” for a couple of auto dealerships. As a “Dealer Trade Driver”, I’ll get a call from dealer A who wants a car from dealer B in another city. I’ll drive a car from dealer A to dealer B in order to “trade” the vehicles.

    I am not an employee of either dealership and was told that I would need to provide auto liability coverage for the cars I was driving. I was wondering what kind of auto liability policy could I get that would protect me in the event of an accident? I am retired and can’t afford a commercial policy with huge limits.

  396. June 28th, 2014 at 4:06 pm #Jason

    Rick,
    Talk to your insurance agent and tell him what you do and what kind of insurance exposures you have and what kind of insurance can fill those voids.

  397. July 1st, 2014 at 7:42 am #Penelope

    We filed an insurance claim for hail damage to our roof 14 years ago when our house was only 3 years old. We received a check to replace the roof but only made repairs since the roof was still so new and roof had 30 year shingles.

    We filed a claim last year after some recent storms and claim adjuster stated he could not find any hail damage at all, only natural aging and some hammer marks.

    After a new hail storm this year we filed a claim and the adjuster said there is extensive hail damage. The insurance company has not settled yet because it doesn’t have evidence that I replaced the roof after the claim from 14 years ago. Are we out of luck on getting any new settlement money?

  398. July 1st, 2014 at 11:22 am #Ellen

    My 76 year old mother lives alone in a condo. The condo association replaced the roof and skylight a few years back. While painting her kitchen last month we noticed mold behind a light. The mold was all the way between the walls and had penetrated the counter top and two of the cabinets.

    The mold company said the countertop and cabinets were not salvageable. The condos insurance company won’t pay for the claim because they said the mold is “old”. The condo association said they would pay for the mold treatment and they want to use her old cabinet face and build a new cabinet. Is this customary to only repair a cabinet and not replace the unit? The problem is they wouldn’t be able to replace the two units because they are older and they would have to replace all of the kitchen cabinets. What is standard procedure in kitchen damage?

  399. July 1st, 2014 at 12:29 pm #adam

    hi there

    a couple off days ago nearly backed into another persons car back i stopped just in time. I received a phone call today from my insurance company saying that they receive a claim from the other driver claiming i hit there car when i didn’t. What should I do??

  400. July 1st, 2014 at 7:32 pm #Jason

    Penelope,
    You were paid for your roof 14 years ago. If you didn’t replace the roof you were paid for 14 years ago, the insurance company owes you nothing. This is regardless of any new damage.

  401. July 1st, 2014 at 7:36 pm #Jason

    Ellen,
    You have not established that your mother’s loss is even covered. To discuss concerns prior to a determination of coverage is premature.

    You have not told us about the condo insurance position and the condo unit insurance company’s position. This is not a simple matter.

  402. July 1st, 2014 at 7:38 pm #Jason

    adam,
    You admit you were in the area at the time of the loss. You admit you were doing something similar to what they indicate. As far as I’m concerned, you hit their car. Turn it into your insurance company or settle the matter before it gets to that level.

  403. July 2nd, 2014 at 10:08 am #Ellen

    Hi Jason,

    That is part of the issue. The agent for the condos master plan told the board that their insurance policy did not cover “old” mold and if they filed a claim it would be denied and their rates would go up so the condo board decided to just pay for the damages to be repaired themselves but they won’t pay to replace the cabinets only to repair them. That is why I asked what is standard procedure in a mold case. Are the complete cabinets replaced or are they just rebuilt and the old face frames used?

  404. July 10th, 2014 at 1:21 pm #Gaby

    I filed a claim for water damage and got a claim check. But now my HOA has agreed to file a claim and make repairs. What do I do with the claim check I have at home since I won’t be paying to make repairs as I has originally planned to?

  405. July 11th, 2014 at 1:46 am #Jason

    Gaby,
    It is common for a unit owner insurance company and HOA insurance company to coordinate the payment of benefits to each party. The damages you’ve been paid are for the damage to your unit. The involvement of the HOA insurance company is for the damage to the common areas. It is not likely they will repair your unit’s damage. Sure, there may be overlap in the repairs but they are not responsible for your specific unit.

  406. July 11th, 2014 at 11:45 am #Gaby

    The HOA agreed to repair my unit and restore it to what it was. Can they go back on it if their insurance doesn’t cover very some things. And they specifically asked that I don’t do repairs or they won’t pay for it . Should I hold off and wait or just go ahead an get it repaired.

  407. July 11th, 2014 at 11:53 am #Jason

    Gaby,
    You need to do what is in your best interest. If you have undried and unrepaired water damage, you may have more problems develop such as mold.

    It’s not like an insurance company to agree to repairs that fall under another insurance companies responsibility.

    If you need more information, talk directly to your HOA manager or one of the board or trustee members. Ask questions until you are comfortable with the route you elect to take.

  408. July 14th, 2014 at 8:45 am #Melissa

    Hi, I am a home owner, and my home was originally built to have two self contained areas (but when I bought it I had no particular use for the fact that it was built as two contained parts, but when my kids moved out, my husband at the time and I decided to rent the unit out to a couple who we are friends with). Here’s my question: the tenants downstairs installed some water purifier device in the bathroom pipe under the sink in their apartment (that I did not know about, so I don’t even know the date they did this), then a few weeks ago they went on vacation for 12 days. The day after they left though is when my incident in question occurred: the pipe broke because of the water purifier the tenants put on it because it was installed correctly (they did it themselves). How I came to notice that the water is leaking is when I saw water leaking into the laundry room.

    I soon realized that it was coming from their unit in the house. I opened their apartment/unit door and saw the whole place flooded, about up to one inch worth of water (luckily I caught it before it got worse). My partner and I quickly turned off the water supply and just started getting the water out of there. The next morning I called my insurance company right away (as the incident had happened at night the prior day), and they sent out emergency services to remedy everything (ripped out the floors, put in all the fans, etc.).

    I called my tenants right when it happened (this is when I realized the kind of people they are) – the male tenant who was the cause of all this damage simply said to make sure his stereo was okay, and the next day he came back and basically did nothing. He didn’t apologize, admit his fault, offer help; he’s actually been trying to screw me over – he even said he didn’t want emergency services in there to tear up the floor because his contents were in there! I know that’s all irrelevant, but just his actions in all this have made me so angry and abused. They haven’t exactly been good tenants since they lived here anyway.

    When this happened and I finally talked to them in person (the man came home the next day, and essentially did nothing but mope around – the woman didn’t come back for weeks); they have tenant’s content insurance with a $500 deductible. I have very good home owner’s insurance with a $1000 deductible. The problem is, that I didn’t do my research when I talked to my insurance adjuster: I didn’t tell them that the tenants were living there, and I didn’t tell them that the pipe broke unexpectedly – I did this because I was worried I wouldn’t be covered since I hadn’t told my insurance company about the tenants coming in 7 years ago. Since my tenants said they wouldn’t be filing a claim with their tenant insurance (because they didn’t have anything damaged), I further thought it wouldn’t be a big deal as my claim would be the only one open.

    Thus my claim started right away, the emergency services were in, they went through everything and documented what was damaged, which was very little – a few decade old dressers. I also dealt with the insurance adjuster who came and looked at my house and that’s when everything was discussed about the details. I gave the adjuster some pictures of the flood. I do have pictures of the device he put on the pipes, and the actual device itself. Also, the tenants had placed a little pan underneath the pipe, so they knew the pipe was already leaking).

    So after finishing dealing with insurance adjuster, the insurance company sent 2 people over a few days later to go through and assess how the structural damage is now that the fans are out. They decided that the bathroom floor, and the laundry room floor, would also have to be removed, and for the contents, these 2 people sent by the insurance company said pretty much nothing was damaged – a few VHS tapes that they put in a little box.

    During this time, the tenants were staying at their daughter’s house – the man did not take any pictures of the place when he came down after I called him when the incident happened – he didn’t do or say anything. Of course I was fuming about the fact that it was his fault the water damage happened, and that I would not be paying my $1000 deductible – he didn’t say yes or no to this; after all his petty behaviour and how cheap he is, I knew getting $1000 for the deductible would not be happening – I was just happy to have them out and not draw out the process any longer than needed (because I thought that I would have to sue them for the $1000 as I did not realize I could have went for compensation through his insurance because he was negligent).

    Also, when I had talked with the insurance adjuster, he asked who is living here (and that it’s really just a formality given the nature of my claim and the fact that it is covered regardless of who lives here, which I thought that having tenants would not give me coverage, so I simply said my partner and my daughter – my daughter being the one who l ives downstairs), and also when he mentioned that I could claim contents if I wanted – the adjuster just quickly handed me the form before he was leaving so there was no conversation about it. I didn’t say anything to indicate I would be claiming contents at all – also, all the people who had seen my property documented the condition of everything, which was hardly anything.

    Then a few days ago I find out from my tenants that they are going to put in an insurance claim for their contents after all. I was so worried because I thought that now having two claims going would affect my claim – I have $1000′s worth of damage, and he has a few pieces of old furniture he thinks are worth money. He has a $500 deductible, and his insurance company over the phone already said it probably wouldn’t even be worthwhile. My tenants and I both have the same insurance company.

    This is when I realized how badly I screwed myself over – if I had told the truth, it would have been covered, and his insurance would have to pay my insurance company, plus I wouldn’t have to pay any deductible. My tenants, well ex-tenants, are intending to make more contents damage than is the actual case – even though they have no before/after pictures, receipts, etc. and they also waited weeks to call in this claim, so in general (even though I know they are within the time required to make a claim) it looks fishy. My tenants are not going to tell their insurance the reason the pipe broke either (obviously they wouldn’t because then they wouldn’t get covered).

    Now I’ve gotten myself in this huge mess – do I call my insurance company and tell them the reason the pipe broke was due to my tenants negligence? Even though I didn’t say they were living here (the only question I was asked about who is living here, is the question “who is living here”, which I suppose I lied by omission), I am covered even though they do live here. What will the insurance company’s reaction be if I told them they were living here – does the fact that it wouldn’t affect my claim anyway make a difference? I know that if I told them about the actual reason the pipe broke, it wouldn’t technically be the same process, but I would still be covered since my insurance would go after my tenants’ insurance.

    I figure that if I tell them about anything different from what I said before, I am going to tell the whole truth. I really wish I had told the truth because that would also make sure my tenants don’t get money from their contents claim – my tenants are fighting for every dollar they might take advantage of out of this incident, even if they received a claim of $501, they would still take that $1 of money outside the deductible cost.

    It is already pretty obvious that they are wasting their insurance adjuster’s time because there is no way he has more than $500 worth of damage. But would his insurance adjuster realize there is already a claim on my residence by me, and then start looking into things ultimately resulting in my insurance claim people finding out, then contacting me and ask questions? Even if that were to happen though, both the tenants’ and I’s said the water damage was accidental, this wouldn’t affect my coverage though, but the fact that I didn’t mention the tenants living here worries me. I know insurance adjusters are busy people, and in all honesty my claim is so far down the line I wonder how much connection can actually be made between the two claims – also, in the eyes of an insurance adjuster, is there any good reason for him/her to bother with something like this? Meaning an insurance adjuster obviously would know that it’s expected that the home owner is putting out a claim so the fact that our ex-tenants are putting in a claim with their tenants insurance is fine – also, I have already dealt with multiple people checking the residence and what not so I don’t think an adjuster has any reason nor motivation to look into something like this, especially when my ex-tenants contents aren’t worth anything over the deductible.

    I know how busy insurance adjusters are, and how important it is to make a good average time in finishing their claims and also put in the least amount of claims money as possible as the insurance company obviously doesn’t want to be paying out to people constantly. The fact that there are a few pieces of old furniture sitting here is not something that is urgent. And also, if he did see the pictures the people involved in my insurance took and the information they documented, it’s highly unbelievable that he or she would then claim the furniture damaged is actually worth something – also, I think my ex-tenants are planning to claim their stereo for contents damaged, even though the speakers are fine as my tenants asked me on the phone as the water damaging was happening to save his speakers, so I did.

    What do I do? Everyone I have talked to says to come clean, but what do I say? “Hi, I have a confession, I lied about this, this, and this”, which is further a problem considering all the things already done with my claim the way it is. I’m a good person and a good landlord and I’ve been taken advantage by these people non-stop, I didn’t want to have to pay all the restoration costs while it was all their fault – if only I had realized that things would have been covered.

  409. July 15th, 2014 at 2:10 pm #Shenequa Condra

    We lived in a rented home for nearly a year, our family started slowly getting sick and didn’t understand why. The landlord kept telling me to clean shower with bleach, he even brought it over like a weirdo. Finally, I started smelling mold, come to find out his wife flooded their bathroom and he fixed the shower himself but fixed improperly causing us to be sick. We moved right away but before moving we got a mold test that showed positive for the mold that was in our system. The landlord is now claiming his insurance won’t cover this since he fixed himself. Is this another lie?

  410. July 15th, 2014 at 4:50 pm #Jason

    Melissa,
    Nothing in your post supports the tenants are at fault or negligent. You will have to pay your deductible no matter what and you won’t be reimbursed for it. As far as misleading others or omitting information, that is something you need to figure out for yourself.

  411. July 15th, 2014 at 6:44 pm #Jason

    Shenequa,
    I can only answer insurance questions. I am not able to determine if someone is telling the truth or lying.

  412. July 16th, 2014 at 6:42 am #Shenequa Condra

    I know you can’t answer truth or lie. I am asking would his insurance not cover this?

  413. July 16th, 2014 at 12:07 pm #Melissa

    Jason, the tenant hooked up a water purifier under the bathroom sink on the pipe, but he didn’t do it properly as that is what caused the pipe to burst and start pouring out water. I was not aware of him attaching this purifier – and the tenants must have known it was leaking to begin with as they had a pan underneath the pipe. I suppose it’s just bad luck to top it off because they never leave the house, yet the one time they do, the pipe breaks, otherwise they would have been around to notice it and the damage wouldn’t have gotten to the point it did.

    The tenants have content insurance, and a friend of mine who is an insurance adjuster said that if I had told the truth in the beginning as to who lived here and why the pipe broke, my insurance would have covered everything and gone after him to be reimbursed (he has the same insurance company anyway). Right now I’ve accepted to eat the $1000 deductible as I’m scared that coming clean about everything will ultimately get my claim denied, just for the fact that I lied about the reason it broke.

    Also, the main reason I became concerned about all of this is when I heard that my tenants would be putting in a claim for their contents insurance – although the tenants are also saying the pipe broke… so at the very least I’m worried that they will have this claim open on the same address yet I said only my partner and my daughter lived here – it would all be covered just the same based on the actual facts, so these are just worries I have. They were negligent though, they attached something to the pipes that caused them to burst with water – how is that okay? They destroyed half my house because they decided to put a water purifier in (or whatever type of device it is).

  414. July 16th, 2014 at 7:46 pm #Jason

    Shenequa,
    What is there to cover? With the information you presented, I find no negligence on his part. What did he do wrong or what did he do that makes him responsible for anything? You said he fixed something improperly. You saying that doesn’t make that a factual statement – it’s an opininon. If the landlord said he fixed it properly, I would tend to agree with that because it makes more sense that a property owner would properly fix property they own because they have a vested interest in it.

    Mold is everywhere. It is indoors and outdoors. For you to indicate you had a test done that showed mold does not directly tie that mold to the place you rented. You rented a place from him and he provided you with a place to live. If you don’t want to live there, you move out and live someplace else.

    Again, you say he said his insurance won’t cover this. What is “this” to which you refer? Do you mean you want him to cover the cost of the mold test you took?

  415. July 16th, 2014 at 8:13 pm #Jason

    Melissa,
    They didn’t destroy half your house. What caused the damage in your home was a burst pipe and the water that exited that burst pipe. The tenant may have connected the pipes and the unit connected by the pipes but they didn’t cause the pipe to burst. Pipes burst because of too much water pressure, spikes of water pressure, failure of the connections, pipes, or materials used in their construction. The tenant was not home when the pipe burst. That tells me they had nothing to do with the burst pipe. You indicate they had a pan underneath it to catch some water. A pan under the pipe is not intended to contain a pipe that bursts. A pan may catch a slow drip or leak but so what. Your damage was caused by a pipe that burst and a large quantity of water that escaped – and not from a drip.

    Everything you posted confirms the tenant is not negligent for a pipe that bursts whether he installed the device, whether you installed the device, or whether a plumber installed the device.

    I cannot accept that the tenant didn’t connect the purifier properly. Your conclusion that he didn’t connect the pipe properly is an opinion and is not based on anything except speculation. In order for his insurance to pay your deductible, he would need to be found negligent. Nothing you posted indicates he is negligent for the pipe that burst.

    As for your insurance adjuster, there is nothing that supports that the tenant is negligent for the burst pipe and your insurance would not have required him to pay your deductible or for any of the water damage. There would be no legal basis for them to do that. A court would need to make the determination that he was negligent and information provided only by someone that is upset with their tenant is only one side of the story that is about arriving at conclusions that are not correct.

  416. July 18th, 2014 at 1:46 pm #DIANIA

    My fiance was working on a mans home remodeling. The house was not in living condition when he began doing the remodeling. While hanging drywall on a ceiling he stepped down the ladder and hurt his knee from the impact. His knee popped and we thought it was broke. We checked it out and seen that it was not broke but damaged. The homeowner went to wal-mart that night immediately and bought him a knee brace, ace bandages, and ice packs. My fiance used the items that night and the next morning tried working with his knee like this. Around 1 o’clock that afternoon, the homeowner began screaming at my fiance that he needed to leave the job. We left and i took my fiance to the emergency room and was told he would need to be seen by the orthopedics immediately. My question to you is how do i proceed with this claim. We intend to sue him because he was hurt in this mans home.

  417. July 20th, 2014 at 5:58 pm #Frank

    So my car was parked on the side of the road and a car hit it and totaled it when I went to the impound were it was took in I ran in to driver of the other vehical and got his name and insurance information so then I filled a claim with them.so they sent an adjuster out to were my car was.so they called me and told me it was totaled as the weeks go by I call them they tell me there waiting for the police report and then they tell me my car was totaled before and it has a salvage title but I told them I have a clear blue title in hand so they wanted me to fax it and I did well they said they never received it.well a month already gone by I call them and they still tell me haven’t received the police report or the copy of my title so I went to the police station and got a copy of the police report and fax everything to them they got it but now there telling me They talked to the person they insured but he is telling them his son was driving and he is not insured so there not gonna pay my claim but when I went to the impound were my car was the son was the one I talked To and he called the insurance company rite there and had them fax a copy of his insurance policy to impound fax and gave me a copy so do I have a lawsuit

  418. July 21st, 2014 at 8:14 am #Barbara

    I have an insurance check made out to 5 partys..but the pay is only for my job done and I have the business account. one of the parties refuses to sign because they had past personal problems with myself that had nothing to do with tghe services rendered upon explaining to to the adjuster she said no i will not remove the person go sure the homeowner.is this true .what can i do in this situation?

  419. July 21st, 2014 at 11:08 am #Jason

    Barbara,
    You will probably have to pay for the signature of the person who will not endorse the check. Square up on your issues from your past and get the check cashed.

  420. July 21st, 2014 at 11:23 am #Jason

    Frank,
    If an excluded driver is driving a car in which he/she is excluded, the insurance won’t pay for any damage to the vehicle they are driving or any property they damage with that vehicle.

    Don’t rely on other people’s insurance to protect your property. If you want to be paid for the damage to your car, get physical damage insurance.

    You can’t bring the insurance company into the lawsuit If you do, they will explain the exclusion of coverage for the kid and they will be released from the lawsuit. If you want to sue the kid and try to garnish his wages from mcdonalds, that might be a good idea. I don’t think you would want to waste your time.

  421. July 21st, 2014 at 12:01 pm #Jason

    DIANIA,
    You don’t proceed anywhere with your claim. You didn’t mention if the homeowner had insurance so I will assume he doesn’t. If he did, there may be a limited amount of medical insurance because your fiance was injured on the homeowner’s property. Homeowner medical coverage pays regardless of homeowner negligence.

    As for a lawsuit, the homeowner did nothing negligent. If your fiance should sue someone, it should be himself. But since people can’t sue themselves, that can’t be done. Unless there is something you didn’t provide in your post, you have no legal basis to sue the homeowner for your fiance injuring himself.

  422. July 31st, 2014 at 1:19 am #Daniel

    Somebody hit my Dump truck the damage is very high and almost more than a month they don’t finish yet after claim , if the truck is going to be total who is the responsibility of my truck every day income?

  423. August 1st, 2014 at 6:50 pm #Norma Fiskland

    I hired a plumbing company to work on kitchen sink drain. The Plumber turned the water on in the tub and was working on the kitchen sink. He said this is not backing up any longer and is draining fine. I said do you want me to check to see if the bathroom tub is still fine and he said “oh yes I forgot about it”.

    So I walked from the kitchen to the hallway where I slipped and fell flat on my back. The water was all in the bathroom, laundry room, hall and part of the family room.

    I went to urgent care that night and they said I sprang my knee. This is the end of the third week and it is very painful sill. I had just started a Pulmonary re-hab program and can’t use all the equipment or exercise like I need to now because or the knee.

    At the follow up doctor appointment they put a brace on my knee but it is not getting better.

    My insurance is covering the doctors so far but what if I need surgery. Should I sue them for pain and suffering and if so how do I go about it.

  424. August 1st, 2014 at 6:53 pm #Norma

    Sorry can you please remove my last name from my request?

  425. August 1st, 2014 at 7:20 pm #Jason

    Daniel,
    You are the one responsible for your truck income. Perhaps if you have business interruption insurance, you could ask your loss of business income insurance to pay you for your loss of income.

  426. August 1st, 2014 at 7:30 pm #Jason

    Norma,
    No, you don’t sue your insurance company for pain and suffering. Medical insurance pays for your medical bills after deductibles and copays have been met.

    From what you posted, I don’t necessarily find the plumber responsible for your fall and your knee injury. That is who you would have to sue for pain and suffering. When you knowingly walk on wet floors, you have to walk with greater caution and care. Although the plumber may have turned the water on and forgot to shut it off, he didn’t cause you to walk unsafely on wet floors to injure yourself – that was your doings.

  427. August 2nd, 2014 at 4:15 pm #Norma

    I was talking about suing the plumbing company. I had no idea the floor was wet. I have white Porcelain tile with white grout and could not see the water. It overflowed because of what he was doing and he should of been the one to go check it but he forgot like he said. Glad it was not my 3 yr old granddaughter………..

  428. August 2nd, 2014 at 4:18 pm #Norma

    Plus I am 67 years old and the light in the hall was not on and it was late in the day. Perhaps that helps you understand how a fall would happen.

  429. August 2nd, 2014 at 8:13 pm #Jason

    Norma,
    Re-read your post. In the paragraph in which you referenced suing, you talked only about your insurance company. The next sentence you asked if you should sue them. By talking about only your insurance company in those 2 paragraphs, that is the “them” that you asked about suing.

    I still don’t blame the plumber for your fall. That is going to be your obstacle if you elect to sue the plumbing company. Lawsuits are demanding and draining.

    I clearly understand how a fall would happen. I don’t care what the floor surface, lighting condition, or time of day happened to have been. When there is a wet floor, extra caution must be taken to avoid injury.

  430. August 3rd, 2014 at 12:14 am #Norma

    Thank you for your response. I see what you are referring to as far as my question about suing being in the same paragraph however I was simply trying to give you the facts that I had insurance that was covering my medical expense for the injury. I am lucky I did not break something in the fall.

    Not sure how you are coming to the conclusion that I was aware of the water on the floor and needed to walk more carefully. The I did not fall in the bathroom where the tub was I fell in the family room entering the hall which is two rooms away from where the tub was. I had no idea there was water flooding four rooms.

    I understand that law suits are demanding and draining, but so is limping and walking with a cane when you are my age.

    Thank you for your time.

  431. August 14th, 2014 at 6:17 am #Winnie Pheg

    Hi Jason, I desperately need your help. We have a Wawanesa insurance sewer back up coverage for $10000. I am, at this point, on the last stage of my claims process for my damaged basement walls and floors due to flooding. I have received the cost estimate for the rebuild which is $5648.54 submitted by the contractor which my adjuster both sent me. I am thinking of just getting a cash settlement and just get my own contractor to do the job I want for my walls and floors. But the adjuster is telling me if I cash settle, and I quote, “Wawanesa Insurance would accept as the amount claimable 80% of the estimate net of overhead, profit and GST or in this instance will only give me a net claimable and payable amount of $2,586.36 with the application of my $1,000 deductible.” It doesn’t feel right at all. Getting a new contractor to do the job will also charge me profit and taxes. Do I have all the right to insist on a 100% of the estimate as my claimable and payable amount? What would be the consequences of this scenario and possible arguments that my adjuster will throw at me? I really need some guidance here, I am a first time homeowner and a new migrant in my current country of residence. Thank you.

  432. August 14th, 2014 at 8:10 am #Jason

    Winnie,
    You have to start thinking and using common sense. Don’t cash out. Don’t try to take over your claim and do the repairs yourself or by cheap/unqualified contractors you attempt to bring in.

    It doesn’t feel right because it is not right. Find a trusted and competent contractor, pay him your $1000 deductible, have him work out the details with the insurance company on the rest, and let him repair your home the way it should be. Doing anything different than the way it’s designed to work would only be asking for trouble.

  433. August 18th, 2014 at 6:08 pm #Kyle

    Hello,
    I have a question regarding a leak I found behind my shower. I cut open the wall because i noticed water damage on the drywall. When i opened it up there was what i believe black mold. I called my insurance to file a claim. They are asking for a report from the plumber that found it. Do i need to have a Licensed plumbing company come out and write a report or can I or a Handyman write one up?

    Thank you,
    Kyle

  434. August 18th, 2014 at 7:35 pm #Jason

    Kyle,
    Since your insurance company is requesting a report, you should ask your insurance company if they will accept a report from a handyman.

    Or instead of asking them, why don’t you just send it in from a handyman and see if they accept it.

    I would definitely say any report you write up will not be accepted. If they wanted you to write up a report, they would have asked for a report from you instead of a plumber.

  435. September 6th, 2014 at 12:43 am #Donna

    Just had an inspection today for a house that we have a buyer for, who paid for the inspection. We had a new roof installed in November 2013 and the inspector found that the roof had been horribly installed in a way that left a rather large section near a wall. Apparently water has run into that hole and down our wall in every rainstorm in this Colorado summer.

    Question is, where do I find the right attorney near Denver to handle this? I am quite sure that there is mold there which will completely trash our sale. We’ve already put earnest money on a house to rent, the buyer is very motivated and needs our house but the sale is questionable for that damage. I need somebody who won’t be on the side of the very large contracting company that had this roof installed by sub-contractors who were so inexperienced that they didn’t post the permit until I told them they had to, nor did they speak enough English to communicated my concerns to them. I am 61 and quite unable to have climbed on a bi-level roof and trusted the roofer because of his rave ratings.

  436. September 6th, 2014 at 12:46 am #Donna

    Just had an inspection today for a house that we have a buyer for, who paid for the inspection. We had a new roof installed in November 2013 and the inspector found that the roof had been horribly installed in a way that left a rather large section uncovered near a wall. Apparently water has run into that hole and down our wall in every rainstorm in this Colorado summer.

    Question is, where do I find the right attorney near Denver to handle this? I am quite sure that there is mold there which will completely trash our sale. We’ve already put earnest money on a house to rent, the buyer is very motivated and needs our house but the sale is questionable for that damage. I need somebody who won’t be on the side of the very large contracting company that had this roof installed by sub-contractors who were so inexperienced that they didn’t post the permit until I told them they had to, nor did they speak enough English to communicated my concerns to them. I am 61 and quite unable to have climbed on a bi-level roof and trusted the roofer because of his rave ratings.

  437. September 6th, 2014 at 5:14 am #Jason

    Donna,
    Your question is not insurance related. It seems you have an issue with a contractor or sub-contractor. This site is not an attorney referral site.

    To save you some time and frustration, forget about the contractor(s) and sub-contractor(s). Do you realize how many you will have to name in your suit just to get the correct one? Then, if you do have the right one, the finger-pointing will be at play. You will have to prove the person or company you are suing is responsible for the resulting damage. Then you will have to prove the amount of damage from this. This effort will cost much more than the remedy I listed below.

    Just get a trusted and competent roofer in there and have him re-do the area that was not done correctly. Whatever that costs is the cost you need to spend. When that is done, then get the interior damage fixed.

  438. September 9th, 2014 at 7:57 pm #susan

    Hi, I have a business where a customer drove his RV into my power lines to my house and my grooming shop. Pulled the lines down. The power company came and turned my power off. Now I can’t work and no power to the house. His insurance company said no adjuster in area. What can I do?

  439. September 9th, 2014 at 9:17 pm #Jason

    susan,
    Call the power company and ask that they restore the power asap. Or you could get a diesel powered generator.

    Don’t rely on the other guy’s insurance. Call your insurance company to get some results.

    I really don’t see how your situation is even related to insurance. Insurance companies pay for damage. The situation before you is getting power so you can operate your business.

  440. September 16th, 2014 at 11:07 am #John P

    4 years ago I had a roof leak that damaged the wood flooring in a small portion of my house, roughly 8 to 9 square feet. The insurance company paid out to have the entire front room of the house replaced even though only this small area was damaged. The money was used to fix the roof and air out the walls but the wood floor was left and the rest of the money kept due its damage being minimal at best.

    July this year, a toilet feed hose broke and flooded the entire home. The wood floors through out the entire home were damaged beyond repair, along with the cabinetry, carpets and walls.

    After a month of waiting an independent adjuster hired by the insurance company came out to do an estimate, she included the entire front room as needing to be replaced as it was damaged along with the rest of the house by this flooding event.

    After another month of waiting we just received word from our insurance company that they will be removing the front room from the estimate because they had paid previously for that flooring to be replaced and it was not done.

    Originally it was left unsaid that this was part of our policy and we just accepted it, then I was told to ask for the policy in writing.

    When asked what provision of the policy we have with them allowed them to do that, they told us it was not a provision of our policy, but they just aren’t going to pay for it.

    My questions are, if I bring up that this seems to violate California insurance Code 790.03 (h)(1) and push them to pay for removing that flooring and replacing it, can they attack me for not paying to remove the flooring in the first claim? I am perfectly willing to have them remove the few square feet of hardwood flooring that was previously damaged. However if I had replaced the floors the first time or not, the rest of that room would have been damaged beyond repair in the recent flooding.

    Also, are the months I have been without a home reasonable? Is there something I can do to speed up this process?

  441. September 16th, 2014 at 11:31 am #Jason

    John,
    What your insurance company is doing is perfectly legit. Your insurance won’t attack you for not replacing the floor – instead, they will matter-of-factly continue to say the floor was already paid for so they won’t pay for it again.

    Get the repairs completed as fast as you can. That is the only way you can speed up the process.

  442. September 27th, 2014 at 11:59 am #Shawn

    My town re-surfaced the street on which I live on, they layed tar and then gravel rock on top, which has never sealed right! The problem I have is we park in the street due to no driveway and have to walk on this mess! So on hot days, the tar melts again and we and other company track in this tar without even knowing, damaging our carpet and even inside our cars!…. Who do I go after, the insurance company or the town that’s responsible?

  443. September 27th, 2014 at 2:19 pm #Jason

    Shawn,
    I don’t think you should go after any one. Your situation sounds like one of wear and tear. If the town or the company that did the tar job put the tar in your car, it would be different. You and your passengers are the ones that put the tar into your car(s).

  444. September 27th, 2014 at 9:06 pm #Shawn

    Its not wear and tear if its a brand new vehicle. ..its also brought into my house! Being a foster parent, I get alot of company to which they are unaware of the problem! And sorry to have asked your opinion on this matter, Im sure I could get a better answer from somebody with better knowledge

  445. September 28th, 2014 at 5:39 am #Jason

    Shawn,
    If it is tracked into your house, just like mud, snow, water, sand, the tar is wear and tear. Perhaps you should have a “no shoes” rule in effect in your home if you want to avoid this problem of which you are fully aware.

    A vehicle’s age does not prevent it from wearing. Now that I provided you with realistic information that no one is responsible for what you and others do to your car and home, are you going to continue asking other people until you get an answer that you want to hear?

  446. October 27th, 2014 at 4:25 pm #James

    Hello. If the wind blew off my garage roof, which is wooden, and it turns out the wood was somewhat rotten, would the insurance people still have to pay out? Thanks.

  447. October 28th, 2014 at 3:58 pm #Jason

    James,
    You don’t post enough detail in your question to provide a reasonable response. Wind loss is generally a covered event whereas rot is not. You won’t know unless you file a claim.

  448. November 8th, 2014 at 9:39 pm #Bess Caplan

    Jason, a few months ago my upstairs neighbor flooded a great deal of my condo with an overflowing toilet. She did not acknowledge the damage to my home in any way and so i put a claim in to my own insurance company who immediately sent an independent inspector to my home for inspection with pictures; following that I had a company come down to dry out the water before my walls got infected with mold. Needed to go to hotel etc. My question is how do I ask for my insurance company to collect from the owner above me and reimburse me also for the $500 deductible they took from me when considering the claim. How should I address this? Thanks for your response.

  449. November 8th, 2014 at 9:55 pm #Bess Caplan

    Jason, one more question. I find it difficult to fill out the personal claims loss – mostly my clothing from toilet water from above. The company paid for their estimated dry cleaning. I need to replace my clothing loss. Can I put the clothing in question in a written request attached to their form as I find it difficult to work with their form – Is there a law against that and also if I do not have receipts for these items can I do so on the honor system and give them an estimate of the replacement cost – items weren’t new and I can’t prove with receipts. How do you suggest I handle this. Thanks again

    Bess

  450. November 9th, 2014 at 6:20 am #Jason

    Bess,
    Nothing you shared indicates the upstairs owner is negligent for the water that overflowed from the upstairs toilet. Without negligence, the upstairs owner cannot be liable to you or your insurance company. Don’t worry, there is a process already in place that if the upstairs owner is liable to you or your insurance company, they will reimburse for the damage. The possible reimbursement happens after the claim is closed but don’t count on it in your case.

    You can present your claim anyway you want. I don’t get it, if you have been paid for dry cleaning of the clothing, why woud you then also need to replace the clothing? I fail to see how grey or black water can cause so much damage to clothing that more than a cleaning of the clothing is required.

    Most people don’t have receipts for their clothing or other personal property. Possession is basically considered ownership. Just give your insurance company estimated replacement costs based on your best knowledge. You should have a replacement policy so it doesn’t matter if the items are new or used.

  451. November 9th, 2014 at 7:10 am #John

    I did an oil change and oil gasket job on my vehicle myself, and don’t ask how I did this, but I accidentally left a peace of the cloth I was using to clean inside the oil pan causing the oil pump to stop working, causing oil from going up to the cylinders and in turn, seizing my engine. I know this is pretty dumb, but will my insurance cover that, I have full coverage insurance.

  452. November 9th, 2014 at 7:39 am #Jason

    John,
    I don’t have enough information to provide an answer. I think a claim will need to be initiated and completed before you know the answer.

    If I was handing your claim, I would look into the engine seizing first, then you changing the oil, and when that didn’t work, taking off the oil pan to check the damage. All possible scenarios have to be looked at and ruled out. Leaving a rag in the oil pan can happen but it’s not a likely scenario. I also would get the towing bill, receipts for the gasket, oil filter, and find out where you usually change your oil, and determine what prompted you to change the oil pan gasket and oil yourself. And although you indicate not to ask you how you left the rag in the oil pan, that would be a question I would want answered. If your adjuster is paying any attention, he/she would think your explanation sounds very unusual.

  453. November 12th, 2014 at 11:41 pm #Dorothy

    A rotten light pole in my mother’s yard fell on my car and damaged it. It completely shattered the rear window and passenger tail light on my Jeep. Her homeowners insurance refuse to pay stating that it is an act of nature, yet the pole was not maintained at all and just rotted away until it fell down. Previous owner installed it, my mom thought the power company maintained it, and her insurance does not want to pay for repairs, etc.

  454. November 15th, 2014 at 6:43 am #Jason

    Dorothy,
    In order for your mom’s insurance to pay, your mom would need to be negligent. Nothing she did or didn’t do would demonstrate she was negligent. I’m sure you and she didn’t know the pole was rotted until after it fell. If you knew it was rotted like it was, you would not have parked near it. Turn this damage into your own insurance for coverage.

  455. November 17th, 2014 at 9:25 pm #Sherri

    Hi

    My family and I live with my mother. My question is if there was a fire would my personal belongings be covered under her homeowner policy, or should I have my own renters policy.

  456. November 18th, 2014 at 3:27 am #Jason

    Sherri,
    Your mother’s insurance covers resident relatives as those who are insured so your personal property is covered by your mom’s policy.

  457. November 20th, 2014 at 8:00 pm #J

    I recently had a hail damage claim, and oversaw the repairs to my property. I am self-employed, have my own company, and acted as the general contractor during these repairs. However, when I sent the ins company the bill for profit & overhead, they said they would give me p & o for every trade except the roof. They said since I tore off and re-shingled my own home myself, that I can’t get p & o for that. But I paid people to tear-off my roof and help me re-shingle it. Shouldn’t I be able to get p & o for that? How can I convince them to give it to me? Thanks!

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