General Insurance Claims Questions, Advice and Help


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727 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


    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


    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


    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

    I don’t know. Ask your agent.

    Anyone else know?

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

    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


    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.


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


    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


    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


    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 entitled Homeowners Loss Advice Deluxe. Its guaranteed and includes free consultations with the author.

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


    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


    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?


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


    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


    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


    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


    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

    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


    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 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


    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

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


    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

    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 on Total loss Auto.

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

    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

    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


    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

    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 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

    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


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

    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

    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

    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

    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

    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

    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

    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

    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.


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

    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.


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

    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

    Thanks again!!!!

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


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

    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

    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.????

  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.


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

    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!


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

    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

    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

    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

    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?


  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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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.

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

    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

    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

    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

    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

    We don’t address hypothetical scenarios.

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

    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

    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

    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


    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

    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

    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

    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

    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

    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

    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

    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

    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

    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?

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

    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

    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

    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.


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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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.


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

    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

    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


    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

    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

    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

    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

    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

    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

    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

    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

    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

    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


    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.


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

    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


    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

    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

    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

    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

    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

    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

    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

    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

    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?


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

    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

    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

    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

    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 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

    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

    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

    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

    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

    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

    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

    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?

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


  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


  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

    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

    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

    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

    That is a question best suited for an attorney.

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

    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

    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

    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

    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

    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 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 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


    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

    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

    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

    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

    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


    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

    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


    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.



  317. January 13th, 2014 at 10:18 am #Jason

    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


  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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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,

  346. March 1st, 2014 at 7:45 pm #Jason

    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;


    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

    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

    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

    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

    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

    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

    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 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

    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

    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

    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

    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

    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

    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

    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.


  369. May 15th, 2014 at 8:14 pm #Jason

    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,

  371. May 15th, 2014 at 10:26 pm #Jason

    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

    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?

  373. May 17th, 2014 at 9:24 am #Kevin

    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?

  374. May 17th, 2014 at 10:45 am #Jason

    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

    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.

  379. May 28th, 2014 at 6:07 pm #Jason

    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

    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

    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

    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

    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


  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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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 they sent an adjuster out to were my car 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 this true .what can i do in this situation?

  419. July 21st, 2014 at 11:08 am #Jason

    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

    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

    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

    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

    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

    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

    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

    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,

  434. August 18th, 2014 at 7:35 pm #Jason

    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

    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

    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

    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

    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

    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

    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


  450. November 9th, 2014 at 6:20 am #Jason

    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

    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

    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


    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

    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!

  458. December 21st, 2014 at 5:59 pm #Brenda Justice

    My tenants car caught fire in my garage and destroyed the garage will the tenant s ins. Cover the garage

  459. December 21st, 2014 at 6:11 pm #Jason

    Since your questions seems to indicate the car caught on fire by accident (not by the owner’s fault), their insurance would have no involvement with the garage.

  460. December 22nd, 2014 at 11:08 am #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!

  461. December 22nd, 2014 at 11:10 am #J

    Can you please answer my question #457 from Nov. 20? Or is this posted in the wrong area? Thanks!

  462. December 22nd, 2014 at 6:43 pm #Jason

    To both of your questions – I don’t know.

  463. January 2nd, 2015 at 8:32 am #Nilsia

    I rented a Uhaul truck which had a defective weld at the roof and the container part leaked after rain into the contents of the truck damaging several items. A 9 drawer long vintage mid century modern wood dresser was destroyed. The insurance company says I must provide model, and year, yet I cannot find anywhere online or off what the exact model and year of the piece is. I also, cannot find any markings or name. I know we bought it at an antique market in NYC however I do not have a receipt as it was an open air market. The price we paid in 2013 was $1800. How do I go about dealing with the value issue and insurance paying me? How do I identify the piece? And what legal stance do I have? Thank you in advance.

  464. January 2nd, 2015 at 8:44 am #Jason

    Let them figure out a value if you are unable to. Let them know the details of where, when, and how you obtained it and how much you paid. Open air auctions involve receipts so that probably won’t fly. I don’t know how to identify antiques. Most insurance (first party policies) doesn’t consider antique valuation for items. Legal stance is a vague question.

  465. January 27th, 2015 at 9:58 am #Dawn

    Seven months ago I purchased a brand new house from a home builder. A couple weeks ago I was going down the stairs to basement when the stairs collapsed beneath me. The fall caused allot of pain and bruising as well as badly injured leg, ankle and broken bones in right foot. I am in considerable pain and discomfort. I’m not able to work or drive or take care of daily living as I am off my feet. I’m am having much anxiety even about remaining in this house as it is two story, and I cannot now climb stairs. The home builders insurance is calling me to question me. I need advice, as I don’t know the long term effects of the injuries and what do I ask as far as compensation in this type of accident to protect me in the future? I’m mid forties and am concerned of long term health issues due to injury.

  466. January 27th, 2015 at 5:46 pm #Jason

    I don’t know the long-term affects, if any, of your accident. You should probably talk to your doctor about that.

    I have no idea about what you should ask for compensation. Any compensation you may receive is not for the future, it is for this current accident. There is nothing that will protect against future accidents.

  467. January 29th, 2015 at 8:50 am #Vikas Agrawal

    Can we get pa cover claim without giving driving licence to the incurance company

  468. January 30th, 2015 at 6:13 pm #Jason

    I don’t understand your question. Can your reword it and ask it again?

  469. January 30th, 2015 at 6:15 pm #Jason

    I don’t understand your question. Can your re-word it and ask it again?

  470. January 31st, 2015 at 6:20 am #Brian Flaherty

    About 3.5 years ago, our house was struck by lightning. We obviously had a claim, as it blow off the top 2 feet of our fireplace along with punching a hole through our siding on that side of the house. We had other electrical issues that were all part of a claim. We probably had about $19k in all with the claim.

    Here is our problem….That side of the house has water damage, and the siding that was fine then is no longer fine and has apparent water damage. I am quite sure all the repairs were not made and we did this through State Farm’s recommended contractor at that time. ( I can find out which contractor that was, but it really isn’t important at this second.)

    Do we have options to mitigate those damages through insurance. (I am guessing State Farm should mitigate those cost since it was through them at that time.) Please advise.

  471. January 31st, 2015 at 7:19 am #Jason

    Call state farm and present your information to them.

  472. February 2nd, 2015 at 10:03 pm #many

    I have full coverage on my car and i just blew out my trans trying to get myself out of the snow.
    Am i covered for repairs?


  473. February 3rd, 2015 at 3:12 am #Jason


  474. February 3rd, 2015 at 7:54 am #many

    Thanks Jason,
    but so i had it looked at and it turns out i cracked the trans im guessing because i drove over the snow/ice in harsh conditions.
    Now, the streets were not plowed by the city in any way! and yesterday was declared the 5th largest snow “storm” in my city.
    I looked into my insurance, and it states that in my comprehensive coverage includes “storms” also known as “acts of god/ acts of nature.”

    Do you think i’m covered?

  475. February 3rd, 2015 at 6:41 pm #Jason

    It doesn’t matter if it was the single largest snowstorm in your city ever, that has nothing to do with insurance. Whether the city plows the streets or not has nothing to do with insurance.

    I fail to see how a snowstorm damaged your vehicle. In your previous post, you said your attempts to get your car out of the snow caused the transmission failure. With your car unattended and in the elements of that snowstorm, there is no way the transmission could be damaged.

    Only after your involvement – in your attempt to get unstuck – does the damage occur. The damage occurred to your car during operation of the vehicle and not from the affects or residual of the storm (falling, and accumulating snowflakes).

    Acts of god/acts of nature would be covered. There is nothing about nature that caused the transmission to be shifted from drive to reverse, and reverse to drive. The transmission changes were your actions, not that of nature. The transmission failure, during its use, is best described as wear/tear.

    And finally, much like my response of yesterday, “do I think you’re covered?”. – Absolutely not.

  476. February 6th, 2015 at 3:01 pm #Holly Cole

    We had renters insurance and went through a fire in our apt building. The restoration company removed, cleaned and stored our stuff. They put in an enormous claim amount at the outset and our insurance paid them. We have since returned and have found that the restoration company broke and destroyed many of our items. What do they have to pay us — replacement cost or value? They are already complaining they cannot afford to pay it all to us. What recourse do we have? We are certain they made a ton of money on us because deals they offered residents without insurance was 1/4 what we paid. thank you.

  477. February 6th, 2015 at 5:41 pm #Jason

    First, I find it difficult to accept that your cleaning company destroyed many of your items. Perhaps a few of the items is more accurate. Legally, the cleaning company owes you ACV of the item, not replacement.

    You have no recourse regarding them. It doesn’t matter if they made a million dollars on yuor transaction – they owe you nothing.

  478. February 8th, 2015 at 7:15 pm #Trace

    Brian Flaherty,
    I am an experienced property adjuster and wanted to chime in on your lightning claim. I would advise you to request the original contractor that did the work and an adjuster from your insurance company to meet at the property and discuss the damages that you have noticed along with the reasons for the noticed damages. If the two can agree that its related specific to the lightning strike you may have an avenue. If the original adjuster did not write enough materials to do the proper repairs then there may be a supplement request you can make on your original claim. (No new deductible) If the contractor skimped on his repairs then you can address it specific to the contractor and make a fuss ie BBB and being a preferred contractor with the insurance company he has to keep a certain standard to maintain that preferred contractor relationship with the insurance company. you have leverage. don’t let them blow it off with out getting them out to at least look at it.

  479. February 9th, 2015 at 3:58 am #Crystal

    About three hours ago or so, my truck was hit in its parking spot and was pushed into the car ahead of me. I was sleeping when it happened. The at-fault driver was an elderly man and received a head injury for which he was taken in an ambulance. We were told after the fact that the at-fault smelled as if he’d been drinking. The front end of his car was completely demolished, and my husband, who got his degree in auto mechanics, told me that it appeared the back left and right front axle of my truck were severely bent, as well as some body damage. I called my insurance company, which is the General, and made it clear first and foremost that I had nothing to do with the accident. I have been with this company for two years and have a completely clean driving record, no claims or accidents of any sort; however, I only have liability with a $5,000 limit for property damage on my truck due to low income. So, my question is this. What will happen now? Will they total my truck, pay for expenses to fix the damage, pay for a rental car, etc?

  480. February 9th, 2015 at 6:36 pm #Jason

    Your insurance company won’t do anything for you. They won’t pay for any expenses to fix the truck, they won’t pay for a rental, and they won’t care whether or not your truck is totaled. The protection you have is for damage you cause to property of others.

    Any damaged caused to your vehicle is considered as self-insured, where you and your husband are the ones that pay for any damage as you see fit.

    The only hope you have is if the at fault driver has insurance that will take care of your damage. Don’t hold your breath because people who drive drunk don’t have a high probability of carrying insurance for property they damage, or injury they cause.

  481. February 11th, 2015 at 1:37 pm #Christine

    I just found out a few hours ago that the main sewer line from my house to the city line has been broken causing our drains to constantly back up. I have home owners insurance on my house but not sure if that repair will be covered by my insurance. I have farmers insuranse

  482. February 12th, 2015 at 7:42 pm #Jason

    It is very unlikely a sewer line failure will be covered by your insurance. What insurance covers is sudden and accidental damage. Sewer failures generally are not sudden.

    The best advice I can provide at this point is to do some research on your current insurance company because the claim satisfaction results involving your insurance company are very low.

  483. February 14th, 2015 at 8:52 am #michael

    my car was hit in my parking lot it was parked the plowman bakced into my rear bumber and put a foot sized hole in it i have cameras and a video of him hitting my car he wont give me his assurance i have already made a claim im waiting on the cop but its been 3 weeks the guy has called me and admitted hes hit my car witch its a hit and run he wants 2 fix it his way or no way he said but the cop is out on family matter and nothing is being done and the plow guy said it has 2 be 100 dollars worth of damage i had it estamated around 850 without bring my car in what do i do does the cop have 2 make him give us his assurrance ?

  484. February 14th, 2015 at 9:27 am #Jason

    If you have already made a claim with your own insurance, then that is the route you should take. Don’t worry about the plow driver or whether or not he has insurance.

    And no, cops cannot compel the plow driver provide you with any information.

    If you post again, use punctuation so your post can be read more easily.

  485. February 17th, 2015 at 1:59 pm #Jay

    I own a townhouse in a complex with an HOA, that I rent out. My ex tenants had a car fire caused by a faulty switch that had been recalled but that they failed to replace. The fire damaged the driveway of the complex. The HOA said that’d I’d have to pay for the damages.

    Since I live in NY and the fire occurred in October, the driveway isn’t fixed yet and won’t be until the spring. But my tenants moved out last month.

    Their insurance said it won’t cover the damages and the HOA’s insurance is saying the same. I don’t think I should be held accountable for the damage either. ( I have insurance for the property as well).

  486. February 17th, 2015 at 6:50 pm #Jason

    Your tenants didn’t damage your driveway, the fire orginating from their vehicle did. Your prior tenants didn’t cause the fire damage.

    Based on your HOA bylaws, it’s very likely you are responsible for the property used exclusively by your unit. Your driveway would fit into this category.

    Your condo policy may provide coverage for the damage to the driveway. Just be prepared to pay the deductible.

  487. February 18th, 2015 at 8:07 am #Kim

    We had an insulation contractor come out to our house to give us a bid to finish the room above our garage. Our garage is completely unfinished (studs/wiring exposed) and he was made aware of this before walking into the garage.

    Going down the stairs from the 2nd story room – he missed a step and fell down 5-6 steps. He hit is head on the side of a stair. The fire department came out (we notified his company of what happened and they called the fire department) and took him to the hospital.

    Could we be sued to cover his injuries? Or would the workers comp. from his business cover him?

  488. February 18th, 2015 at 9:50 am #Jay

    [quote]Your tenants didn’t damage your driveway, the fire orginating from their vehicle did. Your prior tenants didn’t cause the fire damage.


    I guess I don’t understand this thinking.

    Their car started on fire. The fire damaged property.

    How is it the property owners fault as opposed to the car owners?

    I don’t understand the “logic”

  489. February 18th, 2015 at 6:01 pm #Jason

    You can be sued by anyone for anything. The important thing to realize is whether or not you are negligent. Did you do something, or fail to do something, that caused this guy’s injury? If nothing supports you are negligent, then you should be fine. You may have medical insurance coverage under your homeowners that may pay a portion of his medical bills. (Many people have $5000 of this coverage available on their policies). The medical coverage is paid regardless of negligence. The only requirement is that the injury occurred on your property.

    If this contractor missed a step, it seems like his failure caused his injury.

    You ask about his worker’s comp, but I have no idea if he has workers compensation insurance available to him.

  490. February 18th, 2015 at 6:24 pm #Jason

    You have to understand that your tenant’s car is not also your tenant. The car is a completely separate and distinct object and is not alive and breathing like your tenant.

    Their car may have started on fire, but you didn’t mention how it started on fire. Was it due to lightning or vandalism? Or manybe no one knows?

    I am not saying the property owner is at fault, I’m simply saying the property owner is responsible for damage that occurs to their property – such as your tenants car burning and causing damage to YOUR property.

    Unless the tenant’s burning car is due to the tenant’s negligence, the burning occurrence is act of nature and is your issue to resolve.

    Please note – I am not talking about fault, I am talking strictly about responsibility for the damage.

  491. February 19th, 2015 at 11:27 am #Kim

    Thank you.

  492. February 19th, 2015 at 12:02 pm #Jay

    Thank you for taking the time to answer my questions and I understand that this is the policy of the insurance companies but to me it doesn’t seem right.

    If my property damages your property, inadvertent or not, it should be covered by my insurance. Why should I have to pay for the damage caused by someone else’s things?

    If I had a car and parked it on a hill and then for some reason that wasn’t my fault it rolls down the hill and hits someone else’s car it shouldn’t be on that person to pay for the damage.

    But I guess my next move is to have my insurance pay for it and bill the tenants for the deductible.

  493. February 19th, 2015 at 4:36 pm #shirley minarovich

    My father transfered his home to me back in June of 2014. He passed away in August of 2014. I never changed the homeowners insurance to my name. In January 2015 their was a puff back in the home with much damage and their refusing the claim for many reasons. First because the deed is in my name and the insurance is in his. I still continued to make payments after his death. Second they say because while my dad was very sick he stayed with me in my home on and off and not in his home. And third because we didnt have renters insurance for my disabled sister and her mentally retarded son who lived with my dad in his home for 12 years prior to his death and still does now i live in NYS. PLEASE HELP

  494. February 19th, 2015 at 7:48 pm #Jason

    Whether you like it or not, that is the way it works.

    If someone’s property gets damaged, the person who owns the property has a vested interest in that property. If they want it protected, they will have insurance for any damage – regardless of how it becomes damaged – so their loss will be minimized.

    I don’t do hypotheticals about cars rolling down hills. Things happen and a person is not always to blame.

    Yes, have your insurance intervene. Don’t hold your breathe that your insurance will recover your deductible because you have not indicated your tenants were negligent for their car burning.

  495. February 19th, 2015 at 7:55 pm #Jason

    With the information you provided, it sounds like your claim is denied for a number of reasons. Get insurance on the property so you can be protected from this point forward. Your sister will need renter’s insurance or else her property is not protected in the event of a loss.

    You might want to discuss your needs with an insurance agent so you can get the appropriate coverages for your and your sister’s needs.

    As far as the smoke damage, it appears it is not covered.

  496. February 24th, 2015 at 8:42 pm #Joey

    We had hail damage to our home necessitating window replacements (along with roof, siding, painting, etc. – about $40k so far). Some of the windows are in “banks” or “clusters” where the windows are separated by as little as half an inch and up to 2 inches. The window manufacturer went out of business around 2010 and so they cannot be replaced with “same”. Liberty Mutual is only willing to replace the windows directly damaged by the hail, and not ones in the same cluster, even though it will leave us with some strange-looking mismatched window clusters in our home. Although subjective, this seems unreasonable and unfair to me, and I do know that our neighbors two-doors-down in a nearly identical model did not have this problem with state farm, who replaced their entire bank or cluster when any window in the set was damaged. The clusters are in sets of 3, 4, and even 9 (3×3) in our main living area. I feel like having a mismatched window between 2 others, or a 4/5 split among 9 could “devalue” our home. I’m trying to keep this short, but I do not understand how others negotiate with their adjusters/insurers in these matters, because I don’t really understand what leverage the insured has to use when one company or individual adjuster just says “no”.
    Thank you.

  497. February 25th, 2015 at 3:29 am #Jason

    Your policy provides coverage for direct damage. That means if it’s damaged, it’s addressed. Your policy does not consider matching a covered concern.

    Your policy also doesn’t cover the market value fluctuations in your home.

    I can’t comment on your neighbor’s claim because I know nothing about it.

  498. February 25th, 2015 at 9:02 am #Joey

    Thank you but I do not think it can be that simple, and I don’t think “market value fluctuations” have anything to do with this or my comment. Insurance would not, presumably, patch a small area of my carpeting or wood floors with a mismatched material and the same would apply to many other insured items, including the paint on my car. The key point here is that our windows are no longer manufactured and cannot be matched in form, shape, or hardware. There are 4 identical 6’x2′ side-by-side windows in our dining/living room all separated by exactly 3/4 inch and if the 2nd one from the left is different from the other 3 it will make a demonstrable difference in appearance, and I don’t think anyone can argue that aesthetics are not part of the function of a window. I’ve heard anecdotally that other neighbors with the same windows have not had this issue; I just mentioned the one neighbor I’m better friends with and whose policy I’ve actually seen, and neither policy mentions matching except as it pertains to roofing, in which case the verbiage in our policy seems more specific and thus actually sounds like it would provide better protection.

    Back to the point. Does anyone have actual advice on how to negotiate with an insurance company and the type of reasoning or language that could result in a more positive result? I’m not aware of anyone having specific language in their policies regarding the matching of discontinued windows, yet my neighbors with state farm, amica, farmers and USAA all seem to have gotten better results. Admittedly, in one of those cases I’m just going by what my windows contractor has told me about the situation and windows he just installed in one of their homes.

  499. February 27th, 2015 at 5:47 pm #Joey

    Well I just realized that Jason may be the one who runs this site, and so this may not have been the forum to request advice from others as he may be the only respondent. In any case, a question I think should be asked, even though still subjective, is “Would anyone build their home that way” or “Would anyone replace their windows that way?” If the answer is no, it doesn’t seem right that insurance can leave people in that condition. I’m just having a hard time believing there are no legs to fight this on. What kind of policy would cover this? I know some people could try to take this too far and say that a whole room should match, or a whole side of a house, etc. but any definition that could ever be drawn up would include our windows as they are identical and as close to each other as they can be without being a single unit.

    I am actually extremely baffled that I cannot find more information about this online.

  500. February 27th, 2015 at 10:28 pm #Joey

    This site is a little tricky to navigate at first, but I’ve been hunting down hail-related posts. In one post, I saw you recommend to someone that their best tactic would be to “hold out” for what they wanted (in that case it was 4 sides of siding instead of 3). As stupid as this question may sound, how does one “hold out” effectively? In the one conversation I tried to have about this with our adjuster she talked at me for 20 minutes, evading my questions or just ignoring them (well trained I guess) until I finally had to go pick up my kid from preschool. I was left wondering if she was so dismissive just because there’s zero chance this would ever be covered under our policy and she already knows that, i.e. if I should feel stupid asking for it, or even asking for answers.

    I guess I need to know what “hold out” literally means. Do I not sign something, just refuse to ever say the word “ok”, or repeat my same reasons over and over why I don’t think it’s acceptable while she repeats her same stance? I assume there’s no leverage just stating I’ll cancel my policy when this is all said and done. Any leverage if my next step is to call a public adjuster, or is that totally pointless because it’s not “direct damage” (a phrase I saw elsewhere on this site)?

    For what it’s worth, we, too, are having only 3 sides of our home covered and I do not care about that. I realize that as long as the new color is anywhere in the ballpark no one will be able to detect the difference around a corner where the lighting changes anyway. We’re not greedy or unreasonble, imo. But I think these mismatched windows will be far worse than any mismatched siding on our home.

    If this is utterly hopeless I do not want to just irritate an adjuster who may have a large say in our final settlement. The reports I’ve heard about our neighbors leave me thinking that cannot be the case, unless it’s well known there are different policy terms and that different companies will, or won’t ever, cover this.

    Here’s your prior comment that I referenced:
    “The policy is silent on the subject of matching… Refusing to accept 3 sides being replaced and holding out for all 4 sides is probably your best bet in the claim process. Many people have been successful in this approach. If you have to go to court to compel the insurance company to pay for 4 sides, it will likely be unsuccessful.”

    Thank you for any advice.

  501. February 28th, 2015 at 8:11 pm #Jason

    Nope, I don’t run this site. I provide useful information to those who have insurance related questions.

    Matching is not a covered cause of loss. Sure, things have to look good and acceptable when repaired, but that is a subjective concept. Can one use 2×4 wood stud framing from UBC instead of Menards during a home repair? Sure, because the wood is universal and is 1.5 x 3.5 inches in size and it doesn’t matter if the wood is from Oregon or North Carolina.

    If I remember your question, your concern is about windows – and your window manufacturer is no longer in business. Relax, because before that specific window company existed, there were other window companies who made custom windows of all sizes. Those windows were made of vinyl, metal, or wood. Those windows also included glass which included up to 1, 2, 3, or 4 separated panes of glass. The space between those windows may include argon gas, but maybe not. Our economy has been building windows for hundreds of years and your house is not specific to the cluster of windows your house contains.

    What I’m saying is that window company A can build windows so comparable to window company B that no reasonable person could tell the difference between the windows.

    I am not aware of any insurance related concerns involving your carpeting or wood flooring so I am not able to address those issues.

    Like I’ve said before, a claim is not settled unless both the insurance company and the insured agree on the outcome. If you want to whine about your matching concerns and how your neighbor’s insurance company addressed your neighbor’s claim, then your claim will remain open until both you and the insurance company resolve the issues. I’ve also used the term, “the squeaky wheel gets the grease”.

    Settling claims is not an exact science. What happens when a wall built by your home builder (who is no longer in business) needs repair? What do you do? Do you have another contractor make the repairs or do you have a complete melt-down that the wall will never, ever look the same? What if Pittsburg paint, who painted your ivory colored walls goes out of business? Do you use ivory colored paint from Behr Painting?

    I mentioned market fluctuations because you discussed “devalue” in your original post. Your insurance does not provide coverage for market conditions.

  502. March 1st, 2015 at 10:51 am #Joey

    I very much appreciate the response. Although I’ve been long-winded enough already that I didn’t need to mention every thought and concern I will admit that it had crossed my mind to just wait and see… that is, if I can wait for one window in a set to be installed and then see how it looks, take photos if we don’t like it, and then continue to “squeak” to the insurance company about the issue. Our windows are wood, so I don’t want to go back with mixed materials in a single bank, but the replacement wood windows I’ve seen so far haven’t been that close of a match.

    The process is still a big unknown to me. It’s still unclear to me if the insurance company is likely to try to force a “FINAL” settlement regarding the windows before a single one has been installed, etc. Thus my worries and questions. Thanks again.

  503. March 3rd, 2015 at 8:51 am #Karen

    Good morning –

    Our home (condo) had a fire loss on Sept. 6, 2014. Our home was only 5 years old, in excellent condition at time of loss, with all upgrades.

    The fire occurred in the basement traveling into parts of the kitchen. Smoke under some cabinets. The construction company removed all the cabinets and appliances and placed them in the living room the day after the fire, uncovered, unprotected.

    Due to the fact the fire was caused by a lightning strike, the insurance company wanted to investigate. The home was in lock-down for 9 weeks. Meanwhile, the cabinets, countertops and all appliances remained in the locked up smoke/soot-filled home and completely unprotected not only for the time of the investigation but the 5 months it took for the construction process to be done.

    The cabinets and counter tops were used as a place to put all construction items, etc. leaving the cabinets exposed to the construction guys leaving them with plenty of damage.

    The insurance company took a cabinet and a piece of the countertop and had it analyzed for smoke smell. They stated there is no smell of smoke so therefore the cabinets are to remain in the home along with the countertops and said they will only repair them. They have not supplied us with the results either, after numerous attempts on our part.

    They did have the cabinets “repaired” and they are a mess and not even close to original condition. On top of that, they are installed wrong and uneven and we have now lost our lifetime warranty on them.

    We have the right to have the home put back in it’s original condition, according the insurance policy. The insurance company is denying our request and the management company is not helping. We had a public adjuster come in and take a look at them and was in agreement. He wrote up his findings, agreeing with us.

    Could you please tell me what our chances are of having them replaced if we take this to court. It’s very disheartening to have this happen to a brand new home.

    Thank you so much!

  504. March 3rd, 2015 at 12:03 pm #Jason

    I can’t tell you the chances because guessing the chance of something happening is impossible. I can tell you the 2 possible results if you sue your insurance company. One result is you will have your cabinets replaced. The other is that you won’t have your cabinets replaced. Either way, you will have spent a lot of time, money, and stress in the process. With at least one of the above results (maybe both), you won’t recover any of your legal fees.

    If you sue your insurance company, it will likely have different people review your claim for their input (and settlement possibilities). Maybe a different set of eyes will view your concerns differently while they are trying to determine the best approach to your lawsuit. If your cabinets have a smoke odor, this is the avenue you might consider.

    If your cabinets are only damaged, or installed incorrectly, by the contractors, perhaps you should involve the contractors with your concerns. Your insurance company doesn’t control or guarantee contractors won’t damage your property during repairs, or that the contractors will install it incorrectly.

  505. March 4th, 2015 at 2:25 pm #William

    My car was parked in the driveway of the apartment owned by my landlord. The apartment building was covered with snow and ice, and all of a sudden it slid off the roof with incredible force and smashed into my car, bending the frame around my rear window and smashing the rear and side windows. Will my landlord’s homeowners’ insurance cover my claim? I don’t have comprehensive insurance on my car.

  506. March 4th, 2015 at 3:15 pm #Jason

    It boils down to did your apt. owner do something, or fail to do something, that caused the damage to your car – was your apt. owner negligent?

    Snow falls from building roofs all the time. Building owners generally don’t have to clear snow from roofs under normal conditions. I assume since you parked your car where the snow from the roof fell, you didn’t suspect snow was going to fall from the roof and damage your car. If you didn’t notice it, then other persons wouldn’t have noticed it either. If the danger can’t be seen, that unknown danger doesn’t have to be addressed by the property owner.

    Based on the information you provided, the apt. owner is not negligent. You can’t rely on others to protect your property. Since you didn’t have physical damage insurance, the damage your car sustained is a self-insured loss.

  507. March 5th, 2015 at 6:07 am #Karen

    Hi Jason –

    They are damaged from the demolition of my kitchen due to the fire and the neglect in care during reconstruction. The insurance company did not follow up on making sure they were protected during the 9 week investigation and throughout the construction process.

    The urethane is now peeling off due to the chemicals in the cleaning agents that had to be used to remove the soot/smoke/chemicals on them and they are not longer under the life time warranty.

    I didn’t realize they were only responsible for getting rid of smoke smell and not the repair of the home.


  508. March 5th, 2015 at 6:42 am #Jason

    Your insurance company doesn’t do anything except pay for covered direct damage due to your smoke/fire loss.

    The damage to your cabinets is uncovered indirect damage from the fire/smoke, which was caused by the contractors. Your insurance company doesn’t pay for contractor damage because direct and indirect damage by contractors is specifically excluded.

    Since your concern is damage to your cabinets by handling, lack of care, and the work product/service of the contractors, you need to look for solutions from your contractors who did this.

  509. March 5th, 2015 at 8:21 am #Karen

    As homeowner’s we have no recourse in getting our cabinets to original condition? This is ridiculous as they are a mess, warped, uneven, etc. and if we do hire an attorney we have to pay for all attorney fees?

    Not sure why we have insurance and in fact, the construction company should have their own insurance so this shouldn’t be an issue for them either.

    Very frustrating as homeowners!

    Thank you!

  510. March 5th, 2015 at 9:10 am #Jason

    If you hire an attorney, who do you think should pay those legal fees? It’s like when you fill gasoline in your car, the one who receives the product needs to pay for it.

    It’s up to the homeowner to bring in contractors who are reputable and trustworthy. It’s very likely the contractor has insurance but their insurance doesn’t cover the contractor’s “work product”. Since the cabinets are a mess, warped, uneven, etc, that is the contractor’s work product. The contractor’s insurance doesn’t cover the contractor’s work product because the remedy for that is to re-do the cabinet removal and install again but this time do it correctly.

  511. March 5th, 2015 at 11:05 am #Karen

    Jason –

    I expect to pay the attorney fees upfront, I get that. However, if it’s because of poor quality work they should be liable for at least half if not all. If they did it correctly in the first place, I wouldn’t be in this situation. Matter of fact, my house would be in it’s original condition prior to the fire.

    As for me hiring quality contractors….I live in a condominium which has an association. We are only allowed to use who they give us. For the record…we did try and get an other reconstruction company in that is completely reputable and we were told “no”. We had a public adjuster come in and give us his finding, the association has to sign off on it and they even denied us having a public adjuster. If I hired my own contractors, the entire reconstruction would be out of my own pocket even though I have insurance. Unfortunately, when you live in a complex with an association your hands are tied to some extent.

    As far as the urethane coming off and the cabinets out of warranty, they should be replaced. That is not the fault of the construction company. They were instructed by the insurance company to do what they have to do to clean them. They are barely 5 years old and upgraded cabinets.

    Pretty sad the homeowners are always the ones that suffer.

  512. March 5th, 2015 at 11:26 am #Jason

    You seem to be missing the point. You will incur all attorney fees if you sue your insurance company. When it gets to court, the insurance company’s defense will be that the wrong party is being sued and they will be excused. Your insurance company didn’t do any poor quality work – your contractor did.

    You as the property owner can hire anyone you want. Your association is comparable to a neighbor. You shouldn’t be letting your neighbor tell you want you can and can’t do. That isn’t accurate that your insurance would not pay because you hired your own contractor. You did hire your contractor – they did the work – and your insurance company paid.

    No, your insurance company is not responsible for anything the contractor does. The contractors are responsible for what they do.

  513. March 5th, 2015 at 11:42 am #Karen

    I’m not missing the point. I’m trying to see who exactly I go after to not waste time/money.

    Well, when you’re told NO you have to use who the association tells you to, I guess that’s what you do. I didn’t have time to research if we could use our own or not. NO, “we” didn’t hire anyone. Honestly, if I did, I wouldn’t be in this situation either.

    So how do I get them to sign for a public adjuster that I am allowed? I’ve been fighting that as well and going back and forth in emails. I even offered to pay his 10%. They still refused us. Why? I feel they are hiding something.

    I can only go as far as I can. Put it this way, someone is responsible for the poor workmanship and it’s not the homeowners. We didn’t start the fire. Matter of fact, it was lightning. The gas line was not grounded or bonded properly so it’s the builders fault. So why did the insurance pay? It’s someone elses fault. Like I said, the insurance company haulted any work to be done and wouldn’t allow anyone in 2 days after the fire for 9 weeks.

    Anyway, thanks for your time. It’s obviously going to a fight and an uphill battle.

  514. March 5th, 2015 at 12:26 pm #Jason

    I don’t want it to be a fight and/or an uphill battle. Not for you, or for anyone else. From the information you provided, you would ask the contractors to do the work again, but this time they need to do it correctly. That is your only remedy.

    Who is out of the picture at this point? Your insurance company.

    If you had contractor work done in your home, you hired the contractor. Only a homeowner can hire someone to do work in their home.

    As for the public adjuster, you don’t need anyone’s permission to hire anyone. You can enter into an agreement with a public adjuster and no one, not even your association, can deny you entering into a contract with another person. From your above provided information, it seems you wanted to have the association hire the public adjuster, especially since you offered to pay his fee for them.

    I think we agree that the contractor is responsible for the poor workmanship and not you, the insurance company, or the association.

    If there is lightning damage, it’s an act of nature that caused the fire/smoke damage. No one is responsible for an act of nature. Not even the builder is responsible for lightning. Lightning can cause damage even though everything is grounded per code requirements.

    Your insurance company paid because you had a covered cause of loss, lightning, damage your property. You have an agreement (policy) that if covered damage happens, they pay when and after your deductible is met. In your policy, you agree to give the insurance company time to investigate and that seems to be what happened during the 9 weeks.

  515. March 6th, 2015 at 6:52 am #Karen

    Jason –

    First, this is NH. Second, NO, we the homeowners did not hire a contractor. The Association uses specific contractors and that’s what we were told!! There is a master policy in which the Association holds that policy and then I also have my own policy for personal contents. As homeowner’s we were told by the public adjuster, because the Association holds the insurance policy, that they NEED to sign the contract. If it were for my personal contents or I was the policy holder for the building then yes, I would sign the contract. He will not go further unless they sign it. I called around and got the same answer from others. The Association DENIED us having it because they didn’t want to pay the 10% fee. As we are NOT the policy holder apparently there are different rules. We, as homeowners did not ask for an investigation. I don’t care who’s fault it was. Believe me, I would have preferred to have my home back after 9 weeks instead of 5 months!!!!!!! However, the insurance company – that holds the master policy for the Association – not us as homeowners, requested a full investigation. Yes, they are subrogating against the builder due to faulty piping that was NOT protected in case of a strike, etc. Regardless, that’s not my business or care. What is my business is that my home was not put back to it’s original condition, no fault of my own.

    The contractor and the Association/Management Company say that the cabinets are “acceptable”. You still didn’t answer the question that remains. If there was no damage at all to the cabinets from removal or reinstall, then who is responsible for the urethane coming off due to the chemicals needed to clean them and the fact that we lose the lifetime warranty. They are not reinstalled to original condition either way!

  516. March 6th, 2015 at 6:55 am #Karen

    Just for example – when the home was being built we had not say and were only allowed to put upgrades in. We were only allowed to use THEIR contractor and not go outside of them and hire our own. It’s a condominium

  517. March 6th, 2015 at 8:10 am #Jenni

    Been having a problem with GEICO covering the transmission in my husband’s accident. When he got into the accident it punctured the transmission cooler of the radiator which made the transmission run out of fluid. The mechanic is telling us it needs to be replaced because there is now a shutter/vibration under acceleration. He said it is because of the accident and the transmission getting run with no fluid. He showed me what was left in the transmission when we brought it in you can see the metal flakes in the black fluid (there was maybe a tablespoon left). The adjuster that was assigned to our claim is telling us that they won’t replace it because the transmission wasn’t hit during the accident. She even told Evan that maybe the fluid was low before the accident. And the shutter/vibration is normal for the vehicle because of the miles. She told us that for them to cover it we have to prove that the Jeep had no problems before the accident. I don’t understand why we have to prove that it was fine before when the mechanic is telling us that it was because of the accident. The mechanic said he is more than willing to talk to anyone about this but the adjuster keeps telling us that it is normal. The Jeep was perfectly fine and had no problems before this. I just want it fixed since it was not a problem before. What do I need to do to get this covered?

  518. March 6th, 2015 at 8:11 am #Jason

    I don’t care if your condo is in NH, FL, CA, or MN – it’s all the same. If that did not resonate, I will say it again – it’s all the same.

    Sure, the association has a master policy and that provides insurance for the structure and all the common areas of the building. There was significant damage to the structure and common areas of the building. How do I know that? I just do.

    Your policy provides coverage for your personal contents AND all non-structural components specific to your personal condo. Does your condo unit policy specifically provide coverage for your flooring? Yep. …your light fixtures? Yep. …your tv, couches, beds, shoes, and clothing? Yep. …your wall cabinets, base cabinets, and countertop? Absolutely yes.

    Does the master association insurance policy provide insurance coverage for any of the items listed in the above paragraph? No.

    I’m going to guess that the public adjuster wanted the association to sign for his services because the bulk of smoke/fire damage ocurred to the structural and common areas and the damage to your specific condo unit was minimal by comparison. That is why he wanted their signature and didn’t want just your signature for a smaller loss compared to that of the association. Everybody has to make business decisions about what they will do and what they won’t.

    You say you are not the policy holder and you indicate there are different rules. No, that is not accurate. What is accurate is when you interact with people when you don’t know your coverage or what you’re talking about, they will run all over you. The property specific to your condo unit is insured under your policy. Only the condo owner can authorize repairs to their condo unit. I don’t know by what method you authorized the repairs to your condo unit, but since the repairs were made, you authorized it. Your consent may have been by signature, verbally, or implied.

    The association’s insurance company requested an investigation because their loss was larger than your loss. Perhaps your insurance company accepted to let the association insurance company take the lead and would accept the findings of their investigation. (Sometimes the condo unit owner has the same insurance company as the association but the coverages come from two separate and distinct policies – one for the association and one for the unit owner.)

    You ask who is responsible for the urethane coming off the cabinets? As I indicated, not your insurance company. It may be the contractors who detached/reset the cabinets, but I don’t know who cleaned the cabinets. Concerning your loss of the lifetime warranty. The wording in your cabinet warranty probably reads very similar to this: “…warrants its cabinetry to be free of defects in the material or workmanship for as long as they are owned by you, the original purchaser.” If you haven’t noticed defects in the cabinetry materials or workmanship by now, you never will.

    Condo building being built: Yes, Because it’s economical and makes great business sense to have one contractor or one general contractor build the entire building, there is no association in their right mind who will have dozens of contractors bulding identical, or near identical, condo units.

    Now that you as the condo unit owner have a vested ownership interest in your condo unit, it is up to you to bring in your competent, qualified, and trusted contractor to make your condo unit-specific repairs. That includes your cabinets.

    If you, for some reason, can’t choose your own contractor for your specific condo unit, then you don’t fully own your condo unit or have signed back some of your ownership interest in your condo unit to the association. But based on the info. you’ve provided, I think you got pushed around by the association and that you actually own all of your condo unit items that are specific to your condo unit.

  519. March 6th, 2015 at 8:45 am #Jason

    I believe the transmission has a stutter/vibration as the result of low or insufficient transmission oil, which leaked from the transmission cooler.

    In order for the transmission to be covered by your insurance company, its damage has to be directly related to the accident.

    The accident happened and the transmission cooler was punctured, along with other things that were damaged. The vehicle(s) involved in the accident are stopped. Maybe names and insurance information are exchanged, and/or an accident report was completed.

    Somehow the Jeep was driven from the accident scene, or at a time after the accident. During the time the Jeep was driven, the transmission oil became damagingly too low and internal transmission damage resulted.

    Because the transmission damage did not occur until after the Jeep was driven at a time after the accident, the transmission damage and the accident are not directly related. Instead the transmission damage is indirectly related to the accident. (Damage to the transmission cooler is direct accident damage.)

    The above concept is difficult to explain and not a simple concept for people to understand. That is why the adjuster is providing you with impossible scenarios to prove that the Jeep had no transmission problems before the accident.

    Based on its indirect damage, your transmission is not a covered condition of the accident. Keep working with your mechanic (ask if he will write a letter) to convince your adjuster that the transmission should be covered. Understand the concept of indirect damage and somehow convince your adjuster that the transmission damage is direct damage relating to the accident. If you are not getting anywhere, elevate the claim to the adjuster’s claim manager.

  520. March 6th, 2015 at 9:31 am #Karen

    The master condo policy covers ALL flooring, cabinets, countertops, appliances except washer dryer, light fixtures (as long as they are a fixed light), sinks, faucets, finished basement, furnace, water tank, etc. I ONLY have to cover the deductible and my “contents”. There are different variations of master policies.

  521. March 6th, 2015 at 10:35 am #Jason

    It’s way worse than I thought. As I’ve indicated, “…then you don’t fully own your condo unit or have signed back some of your ownership interest in your condo unit to the association.” You don’t own anything physical of any part of the unit you occupy.

    Based on what you’ve indicated, and I assume you are referencing your association by-laws, you aren’t a condo unit owner; instead you are a renter. You should have no concern about the cabinet warranty because that warranty doesn’t even belong to you. The association is the owner of the cabinets regarding the cabinet warranty. Instead of an HO-06 condo owner’s policy, you may want to get an HO-04 which is a renters policy, but check with your agent first.

    What you are saying is that you only own the air between the walls, floors, and ceilings contained by your unit – the same as a rented apartment. If you are making condo mortgage payments, you should correctly recognize those as rent payments.

    Your “condominium” is an apartment complex acting under the guise of being a condominium with individual units rented (or the sum of all rent paid in one large lump-sum payment) by tenants. I would not be surprised if you had to submit a security deposit for your unit.

    I’m sorry it took this long to recognize your situation because I was relying on the information you provided that you owned a condo unit. Only the owner can authorize repairs. Before, I thought you were the owner and you had given the repair authorization. I stand corrected. The association is the owner who gave the authorization. If the association says the cabinets are “acceptable”, the association’s claim is fully settled.

  522. March 11th, 2015 at 6:04 pm #tcp

    Hello. I have a few questions about an insurance repair claim. I own an office suite. A patron (teenager) hit the wall of my suit with his car. His insurance company (American family Insurance) initially said that I just get the wall repaired and then they will send the check. I told them that I don’t want to do anything until I got a adjuster to look at the wall and give me their estimate. The adjuster eventually came out and estimated repairs to be $3145. I also had my own contractor do an estimate, his estimate was $3450. I sent my contractors information to the insurance company and they sent a check for $3145. I didn’t want to argue about the lowered estimated fee since the work has not been completed yet. Once completed, I call up AmFamIns and told them that they owe me the remaining balance. They then said that the difference was “depreciation”. There was nothing that was replaced, just the repairs of the wall. Are they correct in this statement? I don’t feel like I have to pay anything for someone hitting my wall. They told me to go through my insurance company for the difference which I told them NO because I have a deductible and my premium would be raised if I did. I felt like the insurance company should have paid for the complete bill and if any clause in their policy that prevented the bill to be paid completely should be addressed to THEIR policy holder (the “offender”) and not the responsibility of myself,(the “victim”). I just want to know if the insurance company is correct in their position. They later told me that my contractor over charged. I don’t believe a difference of $300 is “overcharging”. It was like if one excuse wasn’t good enough, they try to come up with another excuse. Then they later said I should have went with “Service master” for the repairs (because they are part of the same company?). Don’t I have a right to go through whomever I choose to?

  523. March 11th, 2015 at 6:17 pm #Jason

    If you go another insurance company other than your own, you have to play by their rules. That’s seems to be what you did.

    The moment you accepted their offer of $3145, you agreed that the damage was $3145. They paid for the damage and everything is now settled.

    If you want to pay your contractor more, that is entirely up to you.

  524. March 13th, 2015 at 10:40 pm #Joey

    First of all, thanks for the great previous advice!!! It really gave me the confidence I needed to become the “squeaky wheel” with insurance and all is being approved. -Now, I have a brand new question on a brand new topic that might branch slightly from claim help as it involves both insurance and the bank…

    The gist of this question is whether a new mortgage holder, after recent refinancing and appraisal, is really entitled to, and can withhold, insurance proceeds from a claim that occurred before the refinancing.

    We had hail damage to our home about 6 months ago. We received an initial claim payment that our lender at the time allowed us to put into a checking account. We refinanced about 2 months ago with a new lender, and of course a new appraisal was done on our home to approve the loan (which I would assume was “as-is”). Since that time I’ve been dealing with insurance and we have received an additional $40k check for damage to our windows that will now be replaced. Since our insurance was obviously informed of our new mortgage holder, and has that information in the account, this new check list both us and the new lender as payees. However, I do not feel the new lender is really entitled to withhold any of that money as the “original condition” of our home when the new refinanced loan was approved was well after the storm and any damage had occurred. For what it’s worth, the damage is not structural or functional.

    Can I rightfully request that insurance issue a new check that does not include the new lender, as they had no interest in the property at the time of the incident, and only took interest after?

    I’ve been reading nightmarish things about our new lender (used broker) online and dread allowing them to hold any of this money, if at all avoidable.

    Is there any chance the new lender can demand the proceeds we already have in our own checking account (the proceeds issued while the loan was still held by our previously lender)?

    Thanks SO much for any answers. This might be the toughest question I’ve ever tried to research an answer to online. I cannot find any information. This is a great site.

  525. March 14th, 2015 at 5:49 am #Jason

    If your new mortgage holder doesn’t have the initial amount from the insurance company, they aren’t going to ask for it.

    Your mortgage holder now holds onto the money and you can get it back only one way. That would be to replace the windows and then ask for it. Is there any other way you can get it back. No. What about the new appraisal? Who cares.

    Perhaps you can have your new mortgage company apply the proceeds to your mortgage balance. Short of replacing the windows, that is the only way you will see that money moved.

  526. March 14th, 2015 at 10:12 am #Joey

    Again, I appreciate the response.

    Now I have to ask about what I don’t understand.

    Why wouldn’t the new appraisal and new lender matter? They approved the loan with our windows (no to mention the whole house) in its current condition. Everything is functional, so if the chips taken out of the vinyl track on the side of our wood windows didn’t stop them from issuing the loan, how do they have the right to demand anything? You would have to assume all of that was taken into account in the appraised value (“original condition”).

    If we purchased the house in this condition they couldn’t demand we replace our windows and paint our siding, etc. So I don’t see how they have any right to do so now. I guess I don’t see how refinancing under a new lender is different from a purchase in this regard. It’s not like our original mortgage was sold to this new lender.

    I would have no hesitation with most banks, but what I’m reading about this one really scares me and I would prefer not to deal with them at all if avoidable, and just didn’t see how they are part of this at this point. I have not sent them the check yet.

  527. March 14th, 2015 at 10:51 am #Jason

    The new appraisal doesn’t matter. That’s the response you will get from the bank. They won’t give a reason – they’ll just say it doesn’t matter.

    Send them the check and ask that they sign it and return it to you. Your bank won’t demand that you replace the windows. They will ask you to endorse the check and send it to them. They will then release the funds, or a portion of the funds for you to replace the windows. You don’t have to replace the windows, but the bank won’t release all the money unless that is done. They may allow you to apply the remaining proceeds to the mortgage.

    If you think you can sell your position to them, try it then. See if you can get them to release half of it back to you so you can attempt to hire a contractor. If you are unable to get a contractor to do it or you fail to replace the windows for whatever reason, at least you will have the portion that they already released to you. Then have them apply the balance to your mortgage.

    You probably have an estimate from which that $40,000 was determnined. There should be an ACV amount on that estimate. If that is more than half, ask your mortgage holder for the ACV amount to facilitate doing the windows.

    Since you still have the check, make sure you have an agreement in place with them about what is going on before you send it to them.

  528. March 14th, 2015 at 1:18 pm #Joey

    I super appreciate the response as always.

    We are absolutely going through with the window replacement; that is not an issue. I didn’t even want to involve the bank at all if I could go back and ask insurance to cut a check just to us, as the bank wasn’t involved at the time of the incident. (But don’t want to ask something absurd of our adjuster, who will still be making some decisions regarding our claim)

    So actually, the check insurance wrote to us (and the bank) is for the ACV; depreciation is what’s held back of course. It’s more like $50k of windows, a $40k check, and the bank would only send $15k back up front for ALL jobs, not just the windows, which alone need something like a $28k down payment. I hate giving away too many details, but the total claim is nearly double what the windows will cost. I’m concerned they won’t send any amount back to us once they see the full estimate since we did already get paid money our prior lender allowed us to put in a checking account for the upcoming repairs.

    I’ve held off mentioning the bank by name… didn’t know if it was appropriate. They get the most awful reviews I’ve ever read, tons of complaints about them waiting months to send amounts owed to their customers, being very unprofessional, and never living up to process as they state it will be. Lots of people saying they had their credit ruined, etc., because the bank delayed by months the money they needed to pay their contractors when the job was complete. I’d never heard of them until our mortgage broker used them, and had no idea it would matter, naively thinking a bank was a bank and payments are payments and it’ll probably be sold to a new bank anyway… Everyone states that this bank’s answer is a flat “No” to any request like this. This is half rant so I’ll stop. Thanks.

  529. March 17th, 2015 at 8:13 am #Judy Oakleaf

    i have ACV insurance on my house. Softball size hail storm April 2014. Insurance has denied hail damage until January 2015. They want to take the shingles front porch roof and repair roof on kitchen that leaks. These shingles are 16 years and organic. They are insisting that I get letters from contractors saying it cannot be done. I have talked to 3 roofers and they told me you cannot get the shingles off without damaging them but they are too busy to put it in writing. I have had this insurance for 35 years but for some reason they are being very rude to me. The agent does not return my calls nor does he come out of his office to talk to me. The manager is not nice to me either. I cannot change policies until this is resolved and I have new shingles. Thanks

  530. March 23rd, 2015 at 12:00 pm #Terri

    We purchased our house in the fall of 2008. In the spring of 2014 we noticed leaks in the ceiling of the second level. We intended to just (at our expense) replace the shingles, When the people we hired came to start the roof, they said they couldn’t do because the roof was not safe enough to just replace shingles. So we contacted our insurance co. who advised us to contact several roofing co. for estimates. One contractor suggest we may be dealing with broken trusses. Long story short, The Insurance adjuster agreed with the contractor that we indeed have 10 broken trusses, that it was obvious that the damage was caused by additional weight of ice/snow as we had quite a bit of it that past winter. Well, I just spoke with the insurance company that says it will not cover the damage as they pulled previous pictures from when we first purchased the house 7 yrs. ago that shows the same damage existed then. I wonder if we have any recourse, due to the fact they had the pictures for 7+ yrs and have been covered since day 1 with them,as to why it never was disclosed to us of the structural damage. They had us replace shingles on a porch when we bought it. but did not inform us of the entire roof structure damage. B. We never had any leaks up to that point. Not sure what to do. At this point, we don’t have that kind of money to fix it. I don’t feel safe ans feel very mislead. Any direction would be appreciated.

  531. March 23rd, 2015 at 12:20 pm #Jason

    Your company doesn’t cover pre-existing damage and since they have photos that confirm the damage was present prior to the insurance coverage, they won’t provide coverage for the roof.

    Your insurance company is not required to inform you of any structural damage whether they are aware of it or not.

    This year’s snow-load may have worsened the existing damage to your roof trusses which caused the leaks on the ceiling. This is my speculation as to why you hadn’t noticed water leaks until recently.

    You will need to address those broken trusses soon so you don’t have more damage (which would also not be covered). Since your insurance company won’t pay for the roof condition, as homeowners, you will have to.

  532. March 24th, 2015 at 1:22 pm #Libby

    I was parked in a parking lot when a car backing up hit my Nissan’s rear passenger fender with her SUV (tire rim). It caused the rounded corner of the fender to cave in. She says she didn’t do it (didn’t feel it since her SUV was much bigger than the car) even thought I was in the car and saw her car hit mine. I contacted her insurance company but they say that since she denied hitting me they will not pay (her word against mine) and that there was no way her fender could cause that damage. I also had pictures of tire tracks from her car from where she hit my car to where she parked. How can I get them to pay?


  533. March 24th, 2015 at 1:26 pm #Jason

    You cannot get her insurance company to pay unless you sue her and win a judgment against her. I assume you didn’t complete an accident report with the police.

    If you have collision coverage, you can submit a claim to your insurance company. If they pay, they can then pursue collection from the woman’s insurance company.

  534. April 1st, 2015 at 5:43 am #Rob

    I need help! I got into a fender bender a few months ago. The car I hit had no damage and I didn’t have the money for my deductible. Nothing was reported and I never made a claim. I thought I would just fix the car myself when I had enough money. When I took it in I found out it was going to cost a lot more than I realized and I should have gone through the insurance company. I had and still have full coverage.

  535. April 2nd, 2015 at 4:35 pm #Jason

    Make a claim then.

  536. April 6th, 2015 at 12:39 pm #Joey

    Alright, I’ve got a new question since this forum, if it’s ok to call it that, or advice site, has been so helpful.

    We have an approved bid for new windows. In fact, it’s for the Andersen Woodwright series. If we decide to upgrade to the A-Series do we need to inform the insurance company and get approval first? I’m concerned about how they might handle a new bid for upgraded windows, and somehow reduce the amount they have already agreed to cover if we went with the Woodwright windows, meaning we would be more out-of-pocket for the A-Series than I expect for the upgrade.

    I already caught my window installer trying to downgrade our windows while telling us it was an upgrade; taxes are only applied to materials so I saw what he had done. But that’s a different issue. The A-Series will be an honest upgrade.

    …On a similar subject, I was going to take the proceeds paid out by insurance for the roof, without any bid, just their default recovered value amount, and apply any extra funds to an upgraded warranty, meaning ice and water barrier where there wasn’t before, and probably a better, synthetic underlayment. In the end I might spend $200 out-of-pocket, but these “upgrades” would normally cost more. Will I be stuck paying an additional amount for these upgrades when insurance sees the paperwork from the roofing company? Or is it safe to do whatever I want with their default payout as long as I apply it to making our roof as good or better? Of course they’ve only paid me the actual cash value thus far. We’re getting the exact same shingles and everything, but a few materials would have to be even better than before to qualify for the 5-Star warranty.

    Thanks so much.

  537. April 6th, 2015 at 3:40 pm #Jason

    It should be fined but in order to know for sure, you should ask your direct claim adjuster if what you’re proposing is legit for your claim.

  538. April 7th, 2015 at 6:05 pm #Kerri

    I purchased a home about 10 months ago, the inspection says that the roof was in good condition. However, There is a significant amount of rot under the metal of my roof! I have had a contractor look at the roof and was told the reason for the rot is due to it being structurally built wrong! So since it was not built right will my insurace cover a new roof, and the rot?

  539. April 7th, 2015 at 8:12 pm #Jason

    An inspection is as good as the inspector doing the inspection. If you have a poor inspector, you will get a poor report. You got a poor report.

    Many times when there is accelerated wear to construction materials, it is because of improper construction techiniques. A contractor should be able to identify the problem immediately since they deal with it all the time.

    Now you want to know if your insurance company will address the rot and a new roof. The insurance company position is that they don’t provide coverage for faulty workmanship. Your insurance company went even further to indicate they don’t cover wet or dry rot. There may also be a couple of other exclusions that apply to your situation.

    If you present a claim for the condition relating to your roof, you can accurately expect a denial.

  540. April 24th, 2015 at 11:49 am #Julie

    hi, I bought a new home in 1998. Just found out that there is no underlayment of any kind under the siding, nor were any type of window tape installed. Live in the midwest so lots of wind, ice, rain! To fix I will need to take down all of the siding and I will not know what damage has been incurred until I do so. Then will need to get the repairs fixed, add underlayment and replace all siding. What options do I have with my homeowners insurance? Do I have recourse to sue the builder, the city building inspector? Is there any avenues for me to pursue with my home owners insurance?

  541. April 25th, 2015 at 8:03 am #Jason

    Your home was built about 15 years ago. The statute of limitations in your state is very likely under 10 years in duration and probably closer to 7 years. Once you are beyond the statute of limitations, you cannot look to others, like the builder, for any concerns you discover.

    In your homeowner policy, you have a policy section excluding improper construction, materials, and/or workmanship. Your insurance coverage does not include things not done by the builder. If you submit a claim to your insurance company, it will be denied.

  542. April 27th, 2015 at 8:25 am #Juan Cruz

    last year I had hail damage on my truck got the ins. check and repaired it
    a few day ago I had another hail damage on the same truck, can I submit the claim again will the insurance pay for it?
    Thank You

  543. April 27th, 2015 at 6:02 pm #Jason

    I have no reason to believe they wouldn’t pay for it.

  544. May 1st, 2015 at 9:16 am #Ethan Evetts

    Someone backed into my truck, I got hail damage, someone broke into my truck and stole my radio and busted my windshield and side view mirror off all around the same time. Will my full coverage insurance cover this or even believe me. I’m kind of overwhelmed with everything that has happened at the same time and worried they won’t even believe me.

  545. May 1st, 2015 at 9:18 am #Ethan Evetts

    Someone backed into my truck, I got hail damage, someone broke into my truck and stole my radio and busted my windshield and side view mirror off all around the same time.. Will my full coverage insurance cover this or even believe me. I’m kind of overwhelmed with everything that has happened at the same time and worried they won’t even believe me..

  546. May 1st, 2015 at 9:24 am #Joey

    Ah, hello again. This has been my best source of information so here goes with another question:

    I feel I am in a bind between my insurance company and my window installer. This is largely because I do not know what the insurance company can and will do with any new information I share, as I am always afraid they will “change their mind” at some point and rescind funds they have already approved and paid (minus depreciation).

    I have an approved bid from a window installer. However, during his work at a neighbor’s house he ran into a few issues, and has told us we have to make our windows smaller to keep the same price (he is very expensive already I now know as far as installers go). This is all because the windows would require new trim if sized to our current openings, and he wants $333 for each window he trims. This is absurd, that job on the high end should cost more like $65-$75 ea; I’ve had it priced. He’s being very inflexible, and I think it is all because he has his bid approved with insurance and thinks we feel locked into using him. (We do. At the moment I am too afraid to contact my adjuster and open any doors that could lead to a reduced settlement, maybe because I’ve read too many horror stories online, which I why I’m posting here again.) He’s not trying to get more insurance money, he actually has made the comment, “so it cost you $8000 to get your windows replaced; that’s a pretty good deal”.

    Meanwhile, to get a handle on everything and be informed, I’ve gone to Home Depot to price our windows. I could get them for less than half of what he’s charging for materials, more like 40% (he didn’t itemize, but I backed it out of taxes and rate). His labor amounts to over $500/window. Needless to say I could do a lot more with the money, especially if I went to the extreme of installing some lower-level ones myself as I did in college one summer.

    Is it possible for me to get insurance to approve my installer’s bid amount as “replacement value”, rather than an “approved bid”? They’ve already sent the check, minus depreciation, to cover his bid. I’d like to use the funds at my own discretion and find another route to purchase windows and install them (better or equal quality of course, really the same ones), perhaps the way a general contractor would, but I’m acting as my own. I need some leverage with my installer.

    My adjuster made one comment a while back that stuck with me. We were debating two windows with broken seals that were not included, in any way, in the original settlement, and still without including them at all my adjuster said something to the effect “maybe your contractor can find some extra funds”. Seems like that would fall into the category of “unofficial” statements, but I don’t know, maybe it’s legit. How does this game work? I’m afraid that if I really did go another route, and get those windows included for the same price, I could get in “official” trouble when I submit receipts or invoices to recover the depreciation. I’m very confused here. I do hear about general contractors moving money around, but maybe there’s a “loophole” not available to me in that they can write up their invoices however they want. ?

    After holding the phone for an hour trying to sort out how best put this all to my adjuster without jeopardizing anything I decided to go back and find this forum in my favorites and seek advice here. Thank you.

  547. May 1st, 2015 at 9:33 am #Joey

    That’s “lower-level” as in “ground level of our home”, not reduced quality. I would not try to tackle a job 3 stories up. Once again I know this will come across to some as trying to pocket money, but that is not the case. Every penny will go into our home, but if we did replace those debated windows with broken seals I mentioned in the above post I’m still very confused about how that would be handled. My adjuster’s stance was strange I thought, in that they didn’t think they could go back to their manager for more money, but that maybe our contractor could find some extra funds.

  548. May 1st, 2015 at 8:43 pm #Jason

    Hail damage, collision damage, and vandalism damage are all covered causes of loss under comprehensive/collision (full coverage) insurance. They should have no concerns covering three separate incidents within a short period of time to your vehicle. Just be prepared to incur three separate deductibles.

  549. May 1st, 2015 at 10:01 pm #Jason

    I don’t care about your contractor’s issues at your neighbor’s place. You shouldn’t care about that either.

    What you have is a contractor who wants to charge as much as possible to you (and your insurance company) because he is in the business to make a profit.

    You have an insurance company who wants to satisfy their insurance obligation to their insured while not spending too much to do that. Between you and the insurance company is the contractor.

    Now you throw in an insured who wants to get in-between the insurance company and the contractor relationship to benefit themselves financially and/or through home improvements.

    Depending on which lens you are looking, it’s all a racket.

    Hey, if you want to get home depot windows and install them yourself, you can. That includes the window removal, window installation, exterior trim work, interior trim work, vapor barrier, insulation, clean-up, and disposal.

    If you want to get replacement value rather than approval bid, you need to get your adjuster to approve of that. If you want to act as a general contractor, you can – that doesn’t mean the end result will be that of a general contractor – the finished product will be of someone who is acting as a general contractor and obtaining results of a person acting as a general contractor who may or may not be qualified for that role.

    You say you need some leverage with your installer. What you can do is become an installer for as long as your contractor has and then you’ll be able to have a bit of leverage with him. Short of that, you will remain a customer. Of course you can always select another contractor.

    Sorry, but I don’t get involved with scenarios that involve “how this game works”, unofficial trouble, non-official trouble, moving money around, and loopholes.

    I can’t interpret what you adjuster meant when he said contractor can find some extra funds. I would assume that to mean you need to negotiate with your contractor (which means give up quality to get quantity).

  550. May 2nd, 2015 at 12:37 am #Joey

    Well, okay then. I will not post here any more. I get the sense that choosing to act as my own contractor and having questions is not well-taken. I could hire a roofer, window installer, and painter all on my own without an incidence of storm damage, but then insurance of course wouldn’t be involved to introduce such complications. Yes, if I were remodeling or adding-on to our home I’d hire a general contractor, but I do not need to hire one just to sub out 3 jobs and remove my control over the situation and choices. I would never trust a storm chaser to act more in our interest than myself.

    I do not know the legality of what seems to be suggested or the SOP so I end up on an insurance claim help site. Coming here is part of my way of researching how these issues are normally handled and what’s proper. It’s not that different from the way I could virtually roof my own house now if I felt like it and know every last component; I educate myself as much as possible first. I do not trust my adjuster. I do not trust my window installer. And I would not trust a storm chaser. I will do my research elsewhere I guess.

  551. May 2nd, 2015 at 5:16 am #Jason

    You need to trust the people in which you enter into agreements such as an insurance policy or repair contract, so you might want to focus on finding people you can trust.

    Your questions were well-taken and answered. Not well-taken appears to be your response to the answers provided.

    Insurance does not add any complications to a home repair – insurance is the party that pays for the repairs and they basically have no other function than that.

  552. May 7th, 2015 at 7:15 pm #brandy

    Yesterday I was visiting my friend at her apartments. We went to the pool with her 3 year old and another friend of ours. We were sitting on a concrete bench and table. Her 3 year old wanted to go play so when she was going to set her down to play the bench fell over backwards. We both landed on our backs and hit our heads. The pool has been closed for maintenance and had just reopened and it’s located right next to the office. Neither 1 if us got medical care because at the time we were more embarrassed than hurt. Later we both had minor headaches. This morning I stayed home from work because my back and head hurt and she feels about the same but went to work anyway because her job is less strenuous than mine. I do construction.

    Is there anything we can legally do or can we file a claim against the apartments insurance company? We got pictures of the seat but no statements from the people in the pool.

  553. May 7th, 2015 at 7:37 pm #Jason

    Ok, let’s say you had a headache, back pain and you missed 1 day of work. If you make $20/hr, you missed up to $200 in wages. There is also a value to put on your discomfort but that probably isn’t much.

    You can file a claim against the apartment for this. If they don’t respond to your claim, you can sue the apartment complex – but this option would require you to discuss your claim with an attorney. I don’t know if the value of your claim is very high. Your attorney may be able to help you out with that.

  554. May 23rd, 2015 at 7:01 am #c . . . s. . .

    After I discovered a vinyl, 4″-5″ piece of exterior window framing pulling away from the stucco wall outside a bathroom of our house, the company that had placed the windows during a remodel of our home years ago, agreed that it was covered by their warranty. At their suggestion, I agreed to let them replace the entire framing instead of just reattaching the loose vinyl.

    Probably because the warranty covered the cost of the labor and supplies, they apparently only worked on the project as their schedule allowed. I didn’t complain about that, but did have to ask that some of the work be redone, due to shoddy workmanship. During the course of the project, a few unrelated areas of the bathroom (e.g., a tile in the shower) also were damaged. Finally, the company was unable to replace the original glass, which was opaque enough to prevent anyone one outside the house to look into the room and when we refused to accept anything less, the company failed to complete the work.

    Five months after the job had been started, the company’s bonding company accepted our claim. Since then they have received statements and responses from both us and the company that did the work. A building inspector sent by the bonding company also agreed that the glass provided by the company failed to provide the kind of privacy anyone would expect in a bathroom and shower and that the quality of the workmanship was substandard.

    Although the company has since grudgingly offered to redo the work and provide the proper glass, I have refused on the grounds that aside from the fact that there is no reason to expect better workmanship this time . . . any customer/service provider rapport that existed has been damaged and the project manager’s “hot temper” makes me nervous to think about dealing with him again.

    Meanwhile, due to the work that was started last summer, plans for installation of an awning above French doors in an adjacent living room were put on hold, which resulted in such severe sun damage to furnishings that several pieces had to be disposed of.

    At this point the bonding company is just fulfilling its obligation to update me every 30 days (so far just stating they are reviewing the claim). But after learning just recently that legally they have up to 3 years to resolve the problem, I sense that is their intention.

    My question is: If I take legal action, can I include loss of access to the room for its intended purpose in the claim? Written estimates for repair are approximately $5,000. Would the additional claim for loss of usage exceed thelimits for smallclaims court in California?

  555. May 23rd, 2015 at 8:16 am #Jason

    Seems as though you got things all worked out. If you don’t want to use the current contractors you vetted and hired, you will need to pay for the additional work on your own. You will need to use the current contractor to finish the workmanship concerns if you don’t want to pay for it again. You can’t refuse their offer to finish the project if you want this to be resolved. Your refusal to let the project manager correct the issues rightfully frustrates the project manager.

    You can include anything in a CA small claim action up to $10,000 but you have to prove loss of use and the valuation of that loss of use. Neither is a simple task.

    You already have a remedy so it makes no sense to sue anybody. Just get the repairs done and move on with life.

  556. May 26th, 2015 at 5:13 pm #william earl bowman

    in 2007 a car ran me off the road at 50 mph and i hit a big tree. and the car did not stop. crushed half of me. all most killed me. dr told me in hosp. that i nev. work no more to file for ssi. i did 3 times and got NO help. i lost it all a house i just pd off. my wife did not want to take care of me. got dev. now i am 51 yrs old and have to live with my mom. I HAVE NO LIFE AT ALL. and do not know what to do. tryed sec 8. and no help. what can i do. i payed taxs all my life. and no one will help me?

  557. May 26th, 2015 at 5:57 pm #Jason

    I don’t know how your question relates to insurance.

    It seems you probably are physically disabled. I would suggest you get an attorney to represent your disability claim to the government. A disability attorney won’t charge you and he will be paid by the government when you win your case.

    There are many hurdles in life and those can be overcome. It may be frustrating at times but you do have a life. You were able to write on this forum, you are able to breath on your own. You are able to taste good food. You are able to drink ice-cold water on a hot day. You have a caring mother who has not turned her back on you in your time of need. It’s the important things that count.

    Write again if you have more questions or need additional help. You can write back directly to me using the e-mail address (in orange lettering) found at the top of this page. Take care, William.

  558. June 8th, 2015 at 8:12 pm #ada

    I pay my homeowners insurance thru my mortgage company. I am late on my mortgage payments and I need to file a claim. My roof fell in. Will I be covered?

  559. June 8th, 2015 at 8:21 pm #Jason

    If your policy is in force, you may have coverage. Roofs falling in is not very descriptive. If a roof just falls in on its own, I don’t see coverage, even if your policy is in force. Did a tree or tree limb fall on your roof? What caused the roof to fall in?

  560. June 27th, 2015 at 1:48 pm #Jeanette


    Was curious about getting some help with a claim we are making with State Farm in FL. Lightning hit some trees in our yard and caused a surge. A number of TV’s, streaming devices like our Roku and the cable model/ house antenna as well as our iMac that were destroyed by the surge. We have “full replacement value” that we have paid for but company is requiring us to have someone like a TV repair and computer repair shop give us a written statement on whether the item can be repaired or if it’s a total loss. Seems to me a local adjuster should be able to simply come out and verify that the item doesn’t even turn on and it totally broken. We have the original receipts for 90% of the items and I will be submitting those as well as photos of the items. My question is: is it standard procedure for them to want a repair person to verify and write a statement on the condition of the items we are claiming?

  561. June 27th, 2015 at 2:25 pm #Jason

    An adjuster knows about as much about electronics as you or I do. They don’t know if an electronic item can be repaired or needs to be entirely replaced. It’s easy to determine if something doesn’t work right but it’s another trying to determine if it can be fixed.

    Yes, an electronic repair person’s opinion is required to confirm if repair or replacement is appropriate.

  562. July 3rd, 2015 at 5:11 am #Alan Seybold

    What happens if the insurance company only put my name on the check and said nothing about the lien car was totaled so i’ll need to get another one

  563. July 3rd, 2015 at 5:16 am #Alan Seybold

    Check didn’t have lien holder on I got another car and went back to work

  564. July 3rd, 2015 at 6:06 pm #Jason

    If your lien holder is not named on the check, then what you do with the funds is up to you. It seems like you’ve already figured it out.

  565. July 4th, 2015 at 4:07 pm #Fred Brown

    Simple Question, I Have NJMfg in NJMfg. I Had a Fire in Oct and They Paid me About 34% on My Claim and Used Endorsement 290 To say Once Replaced I’d Collect the Other $9000. I Went To Furniture Store and Bought Everything and Put Deposit on it and Asked Ins Company to make The $9000 Check to me and The Furniture Store. They Wouldn’t, Then I Was Humiliated into asking Store For Deposit Back. Then 10 days Later The Ins Co Called and said We Called the Store and you Cancelled The Order!! Of course, They Said No, Then I Wrote another letter telling Them I may Lose my Deposit and Never heard From Them Until I Got a Letter 2 weeks later saying, No again and By the way We Called The Store and You Cancelled! What else could I Do? They Do this With a Contract For Construction and Make Check to Both, Any Ideas? Is that legal? Law Says Insurance Company Cannotdeny apaying a Claim That You Can’t Pay to collect and I don’t Have$9000

  566. July 5th, 2015 at 11:34 am #Jason

    No, there is no law that says insurance companies can’t deny paying a claim that you can’t pay. Your insurance company isn’t denying your claim. They have no obligation under the replacement cost agreement because you haven’t adhered to what is required of you. You need to replace the items in order for the replacement cost aspect of the contract to kick in.

    Every insurance policy is written with the assumption and understanding that every-single-insured can pay for the difference between the ACV and the replacement cost. If you cannot do that, then why did you enter into the insurance agreement without the ability to carry out your part of the agreement?

  567. July 6th, 2015 at 6:54 pm #Bob Miles

    On 5/7/2015, The Insured (Delivery Company) was contracted with myself,to transport my 1985 Honda VF700C V45 Magna, with 33k miles, from Denver to Dallas, severely damaging motorcycle in the process of Delivery, due to improper securing of the shipment. Both the Insured and his Insurance Company, clearly acknowledges that the damages are  the fault of their Client, the Insured, however, after waiting almost 2 months to reach a settlement of my Claim, I received a letter dated June 29th, 2015,informing me that the Insured’s Policy with the Insurance Co. “..Does not apply to this Claim…must respectively DECLINE PAYMENT OF YOUR (my) CLAIM. Clearly, both parties acknowledge that the damages occured, while my Motorcycle was in their possession, that the Insured maintains current Insurance with $250,000 of Cargo Contents Coverage for such occurences/accidents, but gives no reasons as to specifically why my Claim is being denied, except in use of the term ” exclusions” in various contact between myself and the Insurance Company and that the damages incurred resulted in an entire loss of the Motorcycle, with an estimated “Retail value”, of $3,000.00, which shall be the entire responsibility of mine to bear.

  568. July 6th, 2015 at 7:05 pm #Bob Miles

    PS: it the Motorcycles Frame that was damaged resulting in to high an expense to fix and thus a “Total Loss”.. Typical when Motorcycle frames are damaged and potential liability issues, I.e. exaggerated: bike breaks in half, from less than exact perfect repair and if even possible?

  569. July 6th, 2015 at 7:12 pm #Jason

    Not everything is covered by insurance. I can’t tell if the insurance company declined to pay your claim because the policy was not in force or if your claim was denied. That’s not any of your business, but only the business of the transporter and his insurance company.

    You have 2 choices at this point. You can file a claim with your physical damage insurance company for the bike or you can sue the transporter. Since he has admitted fault and he accepts responsibility for the damage, get the transporter to pay for the damage he caused. The best way to do that would to get him to voluntarily pay; suing him would also be another option.

  570. July 7th, 2015 at 7:12 am #Bob Miles

    Thank-you , but the Delivery company was labeled “uncooperative” by his own Insurance Company and refuses to take my calls and I’m in Dallas, he is in Denver..I would that would be very costly to pursue on a legal basis. So The Broker that brought us two “together” says they have no liability as all Insurance issues resides with Delivery Co.

  571. July 23rd, 2015 at 4:16 pm #Cole

    I lost quite a bit of things in a tornado that came through our backyard. Several of the things were quite old (more than fifteen years or more), and ready for the trash, to be honest.
    The adjuster that came out told us to list what it would cost us to buy one brand new of similar style. The cost of these things today is ridiculously inflated from what the purchase price was. I feel like this is cheating- too good to be true. Especially with things we don’t plan to replace, such as the swingsets, etc. that my kids have outgrown.
    We were also told to add on EVERY. LITTLE. THING, regardless of how insignificant it seemed. I mean, even the groceries in our fridge hat spolied when the power was out! Is this a normal procedure? Is it all legit?
    I’m feeling very fortunate, but don’t want to be misinformed! Are there any repercussions to filing a large claim like that? *We’ve owned our home for four years, and this is our first claim. Thanks for your help!

  572. July 23rd, 2015 at 7:17 pm #Jason

    From what you mentioned, that is how it works.

    Just for an example, if you have a 15 year old play set and it’s damaged. You likely have replacement value. If a new play set is $1000, you will receive a depreciated amount initially, of lets say $200. When you replace the play set and make an additional claim for its replacement, they will pay you up to an additional $800.

    However, since you don’t have any need for a play set, it would not make sense for you to buy a new play set for your backyard when you can take the $200 and not have a $1000 new play set in your backyard that your family has no need for.

  573. July 31st, 2015 at 5:19 pm #colleen turner

    earlier this month i purchased an ice cream cone from weinerschnitzel it had a piece of plastic in it that broke out my porcelain crown out from between my two broken front teeth. we filed an insurance claim threw farmers ins they investigated and approved my claim i sent them my receipt from my original work i had done 3 years ago. they asked me to get an estimate because prices may of changed. i have called and went into several dentist offices to ask for an estimate. ive been told i need to make an appointment get an exam and xrays which all cost. i suffer from severe depression and this has me so stressed out that i had to go to my doctor for a medication adjustment. the dentist complete freaks me out. i can go to the dentist but only if i get exam xrays and treatment at the same time i cant go back and forth that mentally i cant handle. i told all this to farmers and was told with no new estimate we can only pay you what your origional costs were. i gave them the prices i was told by the dentist for the new work. im so stressed out i dont know what to do should i just sign there release and accept the amount of the origional work (535.00) the new work will be (1520.00). please any advice.and should i recieve something for the emotional and mental stress this is causing me?

  574. July 31st, 2015 at 7:01 pm #c . . . s. . .

    Hi, Colleen . . .

    I can empathize with your concerns, but in the long run, it sounds to me like your insurance company is on your side.

    Look at it this way:
    1. If there is any chance prices for repairing (or replacing) the broken crown have gone up, why would you be willing to accept less than the current price? Your insurance company is requesting the estimate in order to award you the full amount.

    2. It’s not unusual for dentists to charge new patients for the cost of exams and x-rays; but if you check the ads in your community, there’s also a good chance you will find a few who offer free exams and consultations to new patients (in order to build their clientele). They may not offer a full set of x-rays free of charge, but probably would welcome you as a potential patient if your first treatment will be for a crown — especially if it is obvious it’s for a front tooth.

    3. If you are so depressed that you are unable to see a dentist, that’s something you really should discuss with your doctor or mental health caregiver, because ignoring a broken crown also can affect your general health, since eventually it could affect your ability to eat properly . . . increase your depression if you start to feel it affects your appearance . . . etc.

    But if you want your insurance company to pay the full cost of repairing or replacing your crown, there’s no sense in insisting that you are unable to “go back and forth to the dentist” in order to get the estimate — because your insurance company needs it to approve approve the work.

    4. They also can’t just take your word to approve the payment. If they could, they wouldn’t be demanding a written estimate from a dentist.

    5.Apparently it’s also not a case of their refusing to help you pay for the cost. According to what you have written, they have told you that if you sign a release, they will pay the full amount of the original dental work.

    But why would you be willing to accept $535.00 if at least one dentist has told you it will now cost $1,000 more to repair it?

    (By the way, depending on how badly the crown has been damaged, it may take more work to fix the tooth than it did last time. For example, other words sometimes used to describe a crown are “cap” or “jacket.” That’s because the purpose of a crown is to save a natural tooth that has been injured accidentally or due to an infection by protecting its root and what’s left of the original tooth with a false one. Depending on how badly that piece of plastic in the ice cream damaged the natural tooth, it may require a post to add support — in which case it would add to the cost of the treatment.

    6. Finally, although I’m not a legal professional, it sounds to me like your depression is a pre-existing condition, in which case it might be difficult to collect damages for the stress this new problem has been causing you.

  575. August 1st, 2015 at 3:03 pm #colleen turner

    i never thought of your #5 that it could of caused more damage. i need to get an estimate and yes i suffer from severe bipolar disorder have for 30 plus years. i just hate issues. i thank you for your advice. will do my best to get an estimate

  576. August 1st, 2015 at 7:34 pm #colleen turner


  577. August 5th, 2015 at 10:35 am #Joe Brown

    Will keep it short: Have a second-story deck attached to the house improperly. The deck is not structurally sound due to the way it is attached to the house, due to the low number of supports and due to non-structural sound material. At some point the deck will collapse. We bought the house with the deck 8 years ago but have only recently learned of this issue. How do I present my case for the insurance to cover the deck cost replacement?

  578. August 5th, 2015 at 11:33 am #c . . . s. . .

    I can’t offer you either legal or personal advice about your problem, but can share what I learned last week regarding the problem I submitted a few months ago (listed s (#554)).

    Ultimately the bonding company agreed that the contractor was at fault and so far has compensated us for about half the damage. But when I started to look into having the work repaired, I ran into a new problem: The damage involved a window and sliding door in our bathroom that were approved by the city for the same model of home throughout the development shortly before we made our purchase. Although that feature was the incentive that made us by the house, many years later when a related outdoor structure attached to the house deteriorated, we had a reputable door and window company replace the door and window with stationary tinted and opaque windows. At the time, there was no problem having the work approved because the same building code was in effect.

    Last year, when we discovered a minor problem with the exterior molding on one window, we were advised to contact the same company, which luckily was still in business. Because the molding was still under warranty, they agreed to repair the problem . . .ended up causing further damage while replacing both windows . . . and failed to obtain a permit from the city. If they had taken that last step, they would have known that the building code had changed in the year 2000.

    In trying to figure out how to get the damage that occurred while they did the warranty work repaired, I discovered we have two options: either live with the glass (which now offers almost no privacy to onlookers) which they installed without the city’s or our approval . . . or replace the windows with a wall), because according to the Planning Dept engineer who visited our home to discuss the problem, the current code will not allow windows as large as the ones that were approved when the house was built — especially in bathroom the size of ours.

    In our discussion, aside from the potential liability if a slip and fall accident ever injured a guest in our home, I also learned that if we ever try to sell the house, the existing window’s failure to meet code will have to be revealed.
    In other words, if realtors were involved in your purchase of your home, that’s probably a good place to start. Of course that could only apply if you bought the house thru a realtor and not as a private sale.

    If you didn’t, it might be worth contacting an attorney who deals with property sales or exchanges.

  579. August 5th, 2015 at 6:18 pm #Jason

    Joe Brown,
    Your deck situation is not a covered item. In fact, there are several exclusions that apply to your deck condition.

    If you want your deck fixed properly, you will have to pay for it like a general home ownership upkeep expense.

  580. August 9th, 2015 at 3:07 pm #Fred Brown

    I Have a NJ Mfg hO Policy With a Replacement on Contents . When I bought 7 years ago the Policy I was Offered Replacement cost and Bought it. I Had a Fire and $50,000 in Damage . Ins Co Paid the $12000 in Construction , but informed me they paid ACV on Contents until replaced .( quoting HO 290 Endorsement). I Don’t have $38,000 to replace Contents First and was Not explained to me at Purchase That Condition, just Told I will want Replacement cost on Contents and Pwhat it Cost extra So I bought it. I even Went and Put Money down to Furniture Store and Sent NJ MFG The Contract To settle , Told Them I Could not afford Up front money and To make The check to me and Store. No Answer for weeks , , So I , Humiliated a Myself at The Furniture Store To beg for my Deposit back.and Got it, Embarassed but got it. Then 2 Weeks Later a Supervisor at NJMfg Sent me a Letter saying Endorsement holds and they Called Store To find out I Cancelled a Contract.( Weeks Later and Not hearing From them, I Did cancel it , as I panicked and Cancelled . I’m In No Financial position to pay upfront,Was Not ever told of this Stipulation and Will Never Collect as They Gave me a Time Limit to Settle and I Don’t and Will not have that Kind of Money. So Their Contract prevents Me From Collecting Anything But ACV. I Thought Case Law a Prevented an Insurer From Using The Policy wording To prevent what was Due, when Policyholder is Unable To finance The Loss Up front?

  581. August 9th, 2015 at 3:41 pm #Fred Brown

    Jason, Please Forgive me For submitting My Question Twice as I Used The Wrong email By typing a Letter Wrong in it. So, I assumed Never Went Thru.. This Time, I used TReel Numbes of y Loss s I was Afraid The first time , Someone from NJ Mfg May Recognize Me. But, After Submitting again I Found that The First and BASICALLY THE SAME QUESTION did Go thru and Found Your Resonse. This Sitehas N where That I could find to Get Current Dates and Every question I hit Started in 2008 or 2009 and Had To many Replies to scroll 5 plus years . You May want To Moderate This Response and not Post. Your reply to me was Insulting To say Why Did I have a Policy that I Could not afford To pay for Contents First. 1) It was NOT EXPLAINED TO ME THAT WAY WHEN PURCHASED AND 2) Sometimes People Have Financial Problems from Family, Health , Unemployment , I need Not Go on . I’ll Tell You what, I’ll Bet. Win This Case and get the Money , because Case Law overrides What You Said , and Thank You For motivating me enough with Your insult of My Character and You Do not Even Know My Facts!! Don’t Worry about Blocking me, I’ll block myself , You Should Consider Bedside Manner , As I was Buyingyour Books, But Believe , as You Said, “I CAN NOT AFFORD THEM!

  582. August 9th, 2015 at 5:02 pm #Jason

    I have never blocked a single person on this site. Blocking is not up to me.

    Anyway, the contract you had, is very similar to every single contract in the country. You have replacement coverage. That coverage requires you to replace the items first, then make a claim within the time allowed to collect the difference between ACV and replacement.

    I don’t know how people do it, but they can take out a loan (or charge to a credit card) and replace the items, they can borrow money from friends or relatives until they are reimbursed. Some people have bought what they could in steps and when they received reimbursement, they purchased more items with the additional money and then they replaced more items, and so on until the items were all replaced.

    It is very unlikely you will succeed in any lawsuit based on the information you provided. You can’t change the terms of the agreement (policy) at any time you want.

  583. August 10th, 2015 at 10:38 am #DENISE McKENZIE

    I was involved in an accident in which a car came out on me he claim he did not see me because of the poor surface of the road my bicycle skid I fell from my bicycle and broke my right arm i spent 6 days in the hospital the police came on the scene and did not file a report he claim the car did not hit me what dO I do now I am unable to work my bills are due please advice me urgently need a response

  584. August 10th, 2015 at 6:04 pm #Jason

    Based upon what you wrote, you fell from your bike and broke your arm. The car driver is not responsible for you falling with your bike. That’s probably why no police report was created.

    If you have health insurance, you may consider that avenue. If you don’t have health insurance, the medical bills will be your responsibility to pay.

  585. August 25th, 2015 at 8:11 pm #ralph c. rivello

    Is an insurance company required by law to cover “Loss of Use” when it is listed in their policy? My adjuster had told me it was not going to be covered separately.

  586. August 26th, 2015 at 3:27 am #Jason

    No, there are some coverages listed in the policy that are not triggered unless you pay the premium for the coverage.

    The coverages will be listed on your declaration page. If it is listed on the declaration page, the coverage is available from the policy.

    Loss of use coverage in a homeowner coverage is generally tied together with liability, dwelling coverage, other structures coverage, and personal property coverage. If it’s declared on your declaration page, you have that coverage.

  587. August 26th, 2015 at 6:15 pm #Tiffany Nguyen

    if I parked my car at the plaza that my place of employment is and lightning hits a tree and the branch falls on top of my car , do I call my auto insurance company or should I contact the person that owns the plaza and the tree that fell onto my car?

  588. August 26th, 2015 at 6:29 pm #Tiffany Nguyen

  589. August 26th, 2015 at 7:25 pm #Tiffany Nguyen


  590. August 26th, 2015 at 8:31 pm #Jason

    The lightning caused the damage to your vehicle. You have lighting damage coverage for your vehicle.

    The plaza owner did not cause any damage to your vehicle. You should contact the place that covers lightning damage to your vehicle.

  591. September 29th, 2015 at 7:48 pm #Gene

    i am the executor for my dads will. He passed away 3 years ago. I have a family member, who I did not authorize, start a claim for hail damage to my dads property in 2009. What should I do, will the insurance company deny the claim because the family member had no authority or interest in the matter?

  592. September 30th, 2015 at 3:04 am #Jason

    In a standard policy, a claim must be presented within 1-2 years from the date of the event. It seems like the damage is beyond that time period.

    Contract law in your state may be longer than 2 years but any guidance about that will need to come from an attorney.

  593. October 1st, 2015 at 4:39 pm #Brea

    I had a water loss from the inwall ac unit accidental discharge or overflow. We did not know until the floor started to buckle and stopped the water as soon as we saw it. By that time though some mold had grown. This is on form HO 00 06 10 00 but includes endorsement HO 04 26 04 02 Limited Fungi etc. The carrier is stating its subject to the limit of the endorsement since there is mold. Is that true since the loss was a covered peril hidden in the walls and mold only grew because it was hidden?

  594. October 1st, 2015 at 8:24 pm #Jason

    Your concern has been addressed in the homeowner insurance section.

  595. October 3rd, 2015 at 6:37 am #Miles

    I may have lost or had stolen off my person a piece of jewellery. I am reluctant to leave it too long to claim for the item but at the same time I may eventually find it. What would happen if I do make a claim which is then accepted but then find the item??

  596. October 3rd, 2015 at 6:48 am #Jason

    If your insurance company pays you for the lost or stolen jewelry, that basically means the insurance company purchased the lost or stolen jewelry from you.

    If you happen to recover the jewelry, that jewelry now belongs to the insurance company and you would need to notify your insurance company how to get it returned to them. They would then sell it as salvage to offset their cost of settling your claim of the lost or stolen jewelry.

  597. October 20th, 2015 at 4:57 pm #celeste

    We own a house in Summerville SC which we are currently renting out. The tenants advised us that there were a water leak from the main water meter to the house. This runs in the front of our property. Now this area has been hit really hard with rain this past 2 weeks however our neighborhood did not have any flooding but I can’t help but think that all this rain might have contributed to this. Our insurance is through Statefarm and we were told that they would probably not cover this repair. We were also just notified that after further inspection the Plumbing company would have to re-pipe all water lines in the house and replace fixtures and all of a sudden the quote went from just $3000 to $8000. Do we really have no “leg to stand on” here. How can this not be covered?

  598. October 22nd, 2015 at 6:32 pm #Jason

    Your insurance policy doesn’t cover every single event that can happen to your property.

    I fail to understand what an exterior water pipe leak has to do with the interior water pipes. Perhaps you should seek another plumbing estimate.

  599. November 1st, 2015 at 5:57 pm #Robert

    I have a Question. My wife and I live on my family’s farm. We live in and take care of the house only. My father has a few cows out there that got out last night. The cop that stopped by before my dad got out there told my wife that “we would be held responsible if someone hit them”. I believe this cop to be full of it. We don’t have anything to do with the cows whatsoever.

  600. November 1st, 2015 at 6:09 pm #Jason

    Whoever owns the cows has a responsibility that they do not enter a roadway where they can be struck and cause damage to vehicles.

  601. November 19th, 2015 at 2:57 pm #Ana

    I live in apartment building and pipes above my garage parking spot leaking drain on to my car giving it permanent damage. I addressed this issue to my renting company and asked to pay for painting my car. The say garage is not covered in insurance. They did not do anything to stop the leakage after I sent them letter and pictures and it is still damaging my car. Is there a legal way to make them fix the problem, and my car?
    Thank you.

  602. November 19th, 2015 at 4:33 pm #Jason

    I don’t understand how something leaking from a drain can damage paint on a car. Regardless, I will assume you have paint damage.

    Wait, you are still parking your car under the leaking drain with full knowledge that it’s damaging the paint on your car? When a person subjects their property to a known element that will cause it to become damaged, that person assumes any damage that occurs.

    You are asking for a legal way to force your landlord to fix a leaking pipe. That is a landlord/tenant issue and not an insurance subject. I clearly don’t give legal advice either.

    If you have comprehensive coverage for your car, you might consider making a claim with your insurance company, but remember what I wrote above that says, “When a person subjects their property…”. I don’t even know what cause under comprehensive coverage would apply to a drain causing damage.

  603. November 19th, 2015 at 5:18 pm #Ana

    Yes, this is the only my parking spot. I managed to cover some pipes with cardboard made by myself. This is a rust leakage I guess, it is dripping sometime out of the pipe. I thought I managed it by covering, but it looks like not really. If my insurance will paint my car, pipe can still leak, I need them to do something. Anyway thank you for advise, I understand that it is not clear, I just need to figure it out if it is related to Renting Company.

  604. November 24th, 2015 at 12:58 pm #Larissa Rogers

    I have a question, I recently made an insurance claim on my home, however in the meantime I received the money and had it endorsed by the mortgage and also paid the mortgage off with other money, but after I received the INS. Money someone walked up to me and offered cash for my house AS IS what do I do with the INS money since my property is pending sold AS IS, and they didn’t want me to make any repairs on it.

    can I use the money towards a new home or would that be fraud.

  605. November 24th, 2015 at 1:01 pm #Larissa Rogers

    the purchasers are aware that we had just made a claim on the property with our insurance company and they still don’t want it repaired I believe there thinking about taking it down or something.

  606. November 25th, 2015 at 6:22 pm #Jason

    It’s your money, and it’s your home. You can do anything you want with either. Nothing you mentioned remotely seems like fraud at all.

  607. December 19th, 2015 at 11:38 pm #Thomas

    I was involved in an auto accident in which the other person was completely at fault and even took full responsablity for the situation. They hit my passage side damaging both doors and some of the rear side. Also the left side airbag near the seatbelt went off but no other airbags. We exchanged information and everything and I’ve spoken to their adjuster. They recommend me to an auto body repair shop and I took it there. I want to state that the car I took there is still 100% drivable and it has no leaks or anything of the sort.

    So when I received the estimate from the repair shop it was $9000 which sounds absolutely Ludacris. They said that was merely outside damages and their is most likely more if they too it apart.
    The car is a:
    Red 2014 kia forte ex.
    Their insurance is telling me now that my car is a total loss and offering me $11k for it.
    My problem is I don’t believe that it cost that much nor do I trust the insurance company.
    I really reeally don’t want to part with my kia. I love the car and I honestly don’t want another car. I want to know what my options are and how I could go about getting my car back and fixed. I don’t want it to have the title of (total loss) or salvage title. Especially if the car can be fixed for a much more reasonable price.

    I also would like to add that I currently owe $14k left on the car so I am about half way through paying it off.

    I also have tons of pictures of the car from the exact time it was hit. Please if you could give me any advice that could help me I would love it so much.

  608. December 20th, 2015 at 6:19 am #Jason

    Your vehicle is totaled no matter what you do. With 1 air bag and the damaged you described, it’s that much and very likely more. If you don’t think so, take it to another body shop for a confirming estimate.

    That’s ok if you don’t trust the insurance company. Set their offer to the side and make a claim with your insurance company to find out if the $11,000 offer seems reasonable. I don’t think it is because I looked at the market valuation of your vehicle with average miles on it and it is around $14,000. If you use your insurance company, you will get your deductible back so that should not be of any concern.

    Do not think about buying your car back and getting it fixed. Just get another car and start over.

    If you have questions about negotiating the settlement offer with your insurance company or the other insurance company do a search of the auto, vehicle, and car questions forum using the search term “CCC” and read about the condition rating used for your vehicle and how an adjuster can manipulate an offer price with that.

  609. December 20th, 2015 at 3:20 pm #ron rodriguez

    this for a edlerly friend of mine her service box caught fire will he home owners cover it

  610. December 20th, 2015 at 4:58 pm #Jason

    I assume when you say service box you mean the electrical service panel with circuit breakers and electrical wiring that distributes the power throughout the house.

    Fire is a covered cause of loss so it seems coverage would be available.

  611. January 8th, 2016 at 5:40 am #John riggs

    Hi I had a 2014 rmz450 stolen from under my porch about a month ago after filling a police report and looking around the whole state for it i tried to see if my homeowners will cover it being that it was under closed roof and covered up (my parents bought it for me last year and still owe about 7000 on it and we really can’t afford to buy some theif a new bike) insurance said they won’t cover it because it’s not for farm use which I have used it for btw but after seeing the tricks that adjusters try to pull on policy holder I don’t know whether to believe them they closed the claim but if I can get some advice I would like to speak with them it was my mother that called them the first time and she’s easily talked right into believing whatever she’s told please email me or comment with any advice thanks for any help

  612. January 8th, 2016 at 1:31 pm #Swann

    So I bought a car, did in-house financing with their bank, the car got flooded out during hurricane Sandy months later. The geico adjuster said it just seemed like exterior damage. Recommened a couple car wash places and since the work was less than my deductible said I shouldn’t even bother with the claim. I complied, later that year as my credit got better I refinanced my vehicle…couple months a to follow car was caught in another bad flood, filed another claim. Adjuster told me to take the car to a dealership and have a full diagnostic done.( the car has issues but mind you I’m driving it everyday) the dealer deemed my car a total loss due to OLDER flood damage.Insurance pays out cars worth but new bank I refinanced with doesn’t feel they should pay the gap due to geico dating damages back to initial flood when I had no yet financed with them even though I have no proof and when the damage occured and drove the car for months and months after the fact. Who’s at fault?

  613. January 9th, 2016 at 7:51 am #Jason

    Nobody is at fault. Your damage was due to an act of nature. Your car was retroactively totaled from the first claim. Since the first claim concluded the matter with your car, the second claim cannot exist. After the second attempt, the insurance company seems to have accurately settled your claim. Did you have GAP insurance with with the dealer’s bank? If so, make a GAP claim with them.

  614. January 13th, 2016 at 3:56 pm #lisa petersen

    We purchased a 1939 home in May 2015, located in riverside, ca. the home is 1500sq ft, including a family room that was originally a patio, renovated in the 1970’s per the seller, who stated they didn’t know in disclosure if it was permitted. last month (dec 2015), the power went out in the family room. we contacted the home warranty company, who sent an electrician out to repair the problem. He told us the conversion in the ’70’s was from patio to enclosed patio only, and the conversion from enclosed patio to family room was only a few years old, based on the current wiring, which he called yellow wiring – there are only three outlets (min should be six), 12g wiring, and the switch to the ceiling fan is 14g wiring. In addition, the wiring is not long enough to change a plug out – he said it should be at least 6″ from the wall, and it barely reaches the wall. The sellers had the electrical panel upgraded to 100amps (I don’t know the original amperage) in 2013, and the electrician told us that is about the age of the electrical wiring in the family room. The stated in writing during escrow they did not know if any unpermitted work had been done in this home, and that they did not know if any work had been done that was not done to code in this home. Based on the date of the permit pulled for the electrical panel, it’s pretty obvious that they had the electrical work done in the family room, without a permit, and not up to code. The building inspector did not open outlets in any room when he inspected, and stated he could not visualize everything because of furniture placement. Do we have any legal recourse to have the seller pay to have the room brought up to code? We are looking at having to have it taken down to studs to re-wire, then replace lathe-and-plaster walls, and it will be a substantial expense – the electrical alone is estimated to be $1500.00, and that is the least of the costs. Thank you

  615. January 13th, 2016 at 4:02 pm #Jason

    This is an insurance help site, not a real estate legal advice site.

  616. January 16th, 2016 at 4:50 pm #Mike

    I own a townhouse (attached) in a two year old 60-unit community. Last week a section of the roof/gutter fell (wind) onto my driveway and car. There is damage to the car….minor, but definitely noticeable. I informed the community management company. They ignored the car issue and had their “gutter guy” contact me. Is the builder/community management company liable for any damage? I expect the manager to tell me to contact my auto insurance company and file a comprehensive coverage claim. What should I expect? Thank you

  617. January 16th, 2016 at 5:12 pm #Jason

    You didn’t mention anything that the condo association did or didn’t do that could cause them to be negligent for the damage to your car. Without negligence, they are not liable for any damage that occurs to your car.

    Your expectation of what you will need to do to get the damage on your car addressed is accurate.

  618. March 12th, 2016 at 7:23 am #Tony

    I own a home. I have home owners insurance, and I also have flood insurance. My property recently flooded. My home is built up on piers so it did not get into my house thankfully. Although I had property under my home and in my shed that was submerged. I know those things will be covered. The issue is a family member had her car parked in my yard and it was flooded. Will another person’s vehicle be covered under my flood insurance?

  619. March 12th, 2016 at 7:30 am #Tony

    I own a home. I have homeowners and flood insurance. My yard was flooded and a family members car was flooded. Will that family members car be covered under my flood insurance policy?

  620. March 12th, 2016 at 2:00 pm #Jason

    Your insurance doesn’t cover the property of everyone in your neighborhood, and it would not cover property owned by someone else, even if it was located at your place at the time of loss.

  621. April 9th, 2016 at 7:57 am #Nicole

    I have renters insurance for my apt in NC. It is through Markel American. I recently filed a claim in early march, and the process is still going. I was living in apt and it was my move out date. I went out of state to apply for other apts, by time I got back everything was stolen, clothes, washer n dryer, bedroom sets and my kids stuff. I know the person who took it which was my ex boyfriend because I just got my key back from him before I left out of town and he also told me he took my things when I saw my apt trashed. So anyway, I call the police and they advised I couldn’t do criminal charges against my furniture under nc law because it could have been his, so I would have to take him to civil court. I didn’t understand why because he didn’t work to make payments n I have receipts showing that my furniture is in my name n I purchased them before I met him. So I start my claim with the insurance company n basically they tell me since my furniture is not on the police report they have to investigate n it will take about 3 weeks
    .I advised if they talk to the police they have written down what I told them but they could not press charges. I sent the insurance company all my receipts n emails that me n the police officer was talking about my claim to show I wasn’t lying. I never filed a claim before so I dont understand why its so stressful… if I show documentation then why would they not want to pay..could it be that since the police says it a civil issue that the insurance company wouldnt consider it confused because if I show proof that I purchased the items then why wouldnt the insurance company pay its not my fault they don’t think its criminal n the police does have my statement that I advised that everything was stolen..n another thing is he wasn’t supposed to be in the apt during the week i went out of was no broken doors..i think he may have made a copy of my key but I am not sure..i know its complicated but honestly its a life lesson.

  622. April 10th, 2016 at 4:47 pm #Jason

    It doesn’t matter if you claim it’s stolen if it’s taken by an ex-boyfriend if it’s a civil issue.

    Your ex has your property. He informed you he has it. If you know he has it and he told you he has it, it’s not stolen. It’s been removed by someone you know. It seems like a civil issue.

    Receipts are just pieces of paper. The possession of items is more of a persuasive argument to support a person’s ownership. Why he would have your property seems more like a civil issue than a crime of theft. Insurance companies don’t pay claims for civil issues.

  623. April 12th, 2016 at 4:17 pm #Laura

    I recently hit a parked car. We exchange insurance but then my insurance said I was excluded from the policy and they will not cover damage. The other party (car I hit) had to use his insurance now to pay the damage because mine refuse. The owner for the other car doesn’t want to pay her high deductible and is now calling me to fix her car. What should I do?

  624. April 12th, 2016 at 5:34 pm #Jason

    You refer to the insurance as your insurance. You cannot be excluded from your own policy. I will assume you were driving your parent’s car and you are an excluded driver.

    You have several options.

    1. You can offer to pay nothing.
    2. You can pay for their deductible.
    3. You can pay for their entire loss.

    Choosing 1, you could be sued by their insurance company or the other car’s owner for their total damages.

    Choosing 2, you could be sued by their insurance company for the amount of damages above the deductible.

  625. April 12th, 2016 at 6:20 pm #Laura

    Jackson ,
    I was driving my husband car and I didn’t know I was an excluded driver. I have no problem paying her insurance for the entire cost of the damage but I don’t even know the estimate because she hasn’t had her insurance come to estimate her car damage. And she doesn’t want to have her insurance fix her car because she can’t afford to pay her deductible. I want to pay her insurance for the damage I don’t want to give her cash. Also do you know from her isurance will allow me to do a payment plan to pay off the Cost of damages ?

  626. April 12th, 2016 at 6:43 pm #Jason

    What might work for you is if you pay her deductible and have her go through her insurance(if she has collision coverage). The insurance will then collect from you what they paid beyond her deductible. They will likely set up a payment plan with you but that is not my decision; it would be up to them.

    If you have her take her car to a repair shop, you would be able to find out the cost of repair.

    She may not even have collision insurance coverage and that might be why she is not having her insurance company look at her car.

  627. April 12th, 2016 at 7:00 pm #Laura

    Jason ,
    Will I be in trouble if I refuse to pay her deductible ? Isn’t that her responsibility? Can she sue me for not paying her deductible I’m not trying to get out it I want to pay for the damage. I just thought that the proper way to do it was through her insurance, because mine is not going to cover it. If she pays her deductible her insurance will fix her car and then come after me so I can pay them back right? Or do I have to pay her deductible because she can’t afford it ?

  628. April 12th, 2016 at 9:31 pm #Jason

    You can pay her deductible. That is a deductible she chose and technically she pays it before her insurance would kick in but you can pay it without an problems. Trouble for not paying – not really. Sure you could be sued but other than that, there is no trouble.

    She could sue you but for a deductible, that may not happen. Suing someone takes some time and effort.

    There is no proper way of doing things. If it goes through her insurance, that is where it goes. If she doesn’t have insurance for collision, then she would have to take care of the damage herself.

    If her insurance pays for her damage, it’s likely her insurance will seek repayment from you.

    You can choose any option you want. If you want to pay it all, pay her deductible, or take your chances and pay nothing, that is up to you. Whether she can afford her deductible or not should not be part of your decision. She picked her deductible so that was her choice.

  629. April 20th, 2016 at 10:45 am #Len

    We hired a contractor to put an addition on our retirement home. This house is currently empty. While doing some outside work, the contractor broke neighbor’s window. The neighbor called me to tell us about the break. I sincerely apologized and said that we would contact our contractor and that he is insured. The neighbor said that they would not do anything until the adjuster had time to see the window. The phone call ended. Neighbor called back and said “I want to make sure I made myself clear, we are not going to drag this out. We are going to get the window repaired by our contractor, etc.” I said that all I know is to work through the insurance company and left it at that. Neighbor called several more times that day and even went as far as saying we might want to check the work of the contractor who has an excellent reputation from others because of the broken window. The contractor said he would have his adjuster look at it, but after he saw the damage decided he would pay himself. Neighbor told him that the old window which was broken would not be repaired, but would get a brand new window and would be billing the homeowners. The contractor said to not bill us, but to bill him. So far, it seems as though things are going to work out. Both contractors know each other and will be talking to each other. The neighbor will have the old window replaced by a brand new one. Were we wrong to think that the first place to start was with our contractor and through his insurance? He said that it was his responsibility and would take care of it. Neighbor is a lawyer. What are we missing? Why would the neighbor not go through proper channels to get this corrected? It happened not even a week ago.

  630. April 20th, 2016 at 11:00 am #Jason

    I have no idea. Why don’t you ask your neighbor? What are proper channels?

  631. April 20th, 2016 at 12:10 pm #Len

    Proper channels to me means going through the contractor, his insurance company, and if not able to settle the issue, then go to the home owners. We have an insured contractor. Maybe there is no right or wrong way to handle this and it doesn’t matter who does what when. I don’t know how a person can refuse to deal with the responsible party unless we are wrong to think that the contractor, at this point in time, is the responsible party. If you were presented with this situation, what would you tell the neighbor with the property damage? Would it be work with the contractor? Bill the home owners? The contractor told us it was his responsibility and he has attempted to correct the situaion while the neighbor insists that a new window will be purchased and installed and the bill sent to us. I have read many posts on this site and on others’. The main problem I come across is the problem of damage done to neighboring properities by uninsured contractors. This is not the problem. Maybe there is no answer to this and that the neightbor is just being uncooperative. If that is the case, then I will not ask the neighbor about this as you suggested and let the dust settle, and, in the future, give them a wide berth! The neighbor’s will get their new window, but am I wrong to wonder what the protocol is for situations like this? Len

  632. April 20th, 2016 at 1:11 pm #Jason

    The contractor can handle a claim against him by dealing with it himself, or submitting it to his insurance company, or doing nothing.

    The option to go to the homeowners or their insurance (meaning you) is a myth. You and nobody insured under your homeowner policy did anything to cause the damage to the neighbors window. Your insurance does not cover any act by a contractor you hire.

    If you as the homeowner paid a bill presented for the window, then you would be paying a bill you are not obligated or legally responsible to pay.

    If a contractor does negligent damage, the contractor is liable whether he has insurance or not. Nothing transfers to the homeowner just because a contractor is not insured.

  633. April 20th, 2016 at 1:35 pm #Len

    Thank you, Jason, for explaining our rights to us. This neighbor is a lawyer and should know a lot more about this than we do, so I began to think he was within his rights to go aftter us. Our contractor is insured and honorable. He is going to pay to replace the entire old window with a brand new window. I feel as though this person threatened to go after us in order to get the brand new window rather than have the damaged piece repaired. I hate to feel that way but that is the message he sent with all the phone calls and refusal to work with the contractor. I think the contractor, who was very sorry about all of this, was only obligated to to replace the part he damaged. I think he is doing that to make things easier for us. Thank you, again. Len

  634. April 29th, 2016 at 4:08 pm #Rog

    I own a car that has a lien. I got into an accident and adjuster gave an estimate. I used to work for a body shop and I know that I can fix the car myself after ordering parts directly from the dealer.
    If I did that I will cost me half of what the estimate is. If I get the check with the lie holders nAme on it too. Can I keep the remainder after getting the car fixed without any problems?
    Thanks in advance.

  635. April 29th, 2016 at 8:42 pm #Jason

    Ask your lien holder what you can do as far as the repairs and what happens with the balance.

  636. May 3rd, 2016 at 10:05 am #ALEX MARCIANO


  637. May 3rd, 2016 at 8:30 pm #Jason

    Your question has nothing to do with insurance, and entirely about liability of a contractor who damaged some of your property. I don’t answer legal questions on this insurance site.

  638. May 13th, 2016 at 9:30 am #amanda

    I just bought a house and found out a have leakage in my basement from a toilet pipe. the insurance company said the crack was pre existing because of the rust and they may not cover it.

    Is this not something they should cover? How would anyone know it was cracked seeing it is from the inside of a wall no one can see even during a home inspection?

  639. May 13th, 2016 at 8:03 pm #Jason

    If a pipe is broken prior to your insurance starting for you, the pre-existing condition would be excluded this is normal and appropriate.

    A failed pipe in a wall does not have to be seen in order to be cracked.

  640. May 29th, 2016 at 5:23 am #Glenda

    I inherited my father’s house which sat vacant for 1 1/2 years with the water turned off. The water company replaced a curb stop in front of my house and turned on the water without notification and burst my pipe flooding my house. My question is, if the damage to my home exceeds the value of the home what happens? Also, does the insurance company do the work through their agents or do they, like in an auto claim, just give you the money?

  641. May 29th, 2016 at 6:37 am #Jason

    Based on what you indicated, the home was vacant and the plumbing was not winterized and/or drained within the home. The damage to you home may be excluded. It would be fruitless to talk about hypothetical monies if there are none.

  642. June 4th, 2016 at 8:28 pm #Yolanda

    Question about insurance
    My husband and I rented our townhouse out and didn’t know to change our insurance to land lord insurance. We left the country and our rendered accidentally set the roof on fire July 4th 2014, the entire building was inspected, the contractor had a hard time working with my insurance and renters insurance. The roof(including neighbors side) first floor walls, floors and water damage was repaired. They moved back in December 30th. Insurance settled in May 2015.
    Now neighbors want to sell and are trying to get us to pay for repairs. What do we do?

  643. June 4th, 2016 at 8:49 pm #Jason

    My first response is to ignore them. You are not liable for the actions of your tenant. I don’t even know if your tenant is liable for the fire. You said their damage was repaired. I don’t know who paid but who cares? I don’t know why the the neighbor would be asking you to pay for anything.

  644. June 10th, 2016 at 12:40 pm #Mark

    Hello, Thank you for your advice.

    I was awarded my house in my divorce. All the tax and ins is in my name. However the mortgage is still in my ex’s name. I recently had a insurance claim for a new roof due to a hail storm. The insurance check came in my name and the mortgage companies name. They will not indorse it due to the fact that I am not on the mortgage. They say I have to assume the loan in order to endorse it but at this time my income is to low to qualify due to a injury I am recovering from. So question is how can I get this check cashed in order to get these repairs done to the property so more damage does not occur due to a leaky roof? Thank you for your time. Mark

  645. June 10th, 2016 at 5:40 pm #Jason

    Your ex has a mortgage attached to your home. Sure, it might have been awarded to you in the divorce but the bank is not party to your divorce and if there is a mortgage (money owed for the home), then they still have a vested interest in your home.

    Why don’t you endorse the check and send it to them. Ask them to set the funds in an escrow account so you may pay for the roof replacement. There is no reason they should endorse the check to you.

  646. June 14th, 2016 at 10:11 am #Nicole

    I have a roof that has hail damage and a few places inside the home with some internal damage due to leaking. My insurance company agreed to a full roof replacment and provided an estimate that included internal and roof damages to be about 10000 minus my deductible.
    I have two roofing quotes. One estimate was about 6500 and another is about 9000. Can I go with the lower bid and keep the rest of the money the insurance gives me toward the roof repair to use on other home projects? Is that legal?
    (side note- the higher quote from roofer was here at the same time the adjuster was here and they seemed to know each other. I’m thinking that the adjuster padded the estimate for that roofer’s benefit?)

  647. June 15th, 2016 at 5:21 pm #Jason

    If your claim value is $10,000, your insurance will pay you an ACV amount which takes into account the depreciation of the roof. Let’s say they pay you $6000 as an AVC payment, for example. When the roof is replaced, you can make a claim up to the total of $10,000, but only if you paid $10,000 to have the roof repaired.

    If you instead had your roof replaced for $6500, considering the abouve example, you would be able to collect an additional amount of $500.

    If your ACV payment is instead $8500 and you have the roof replaced for $6500, you don’t have to return any money, you also would not be able to collect any additional funds either.

    The above examples don’t take into account your deductible. Also, don’t assume the adjuster was padding the estimate for anybody.

  648. June 27th, 2016 at 7:48 am #Kevin


    My vehicle went through the flood. The water got into the transmission and headlight. Since the car was sitting at the dealership while waiting for the insurance adjuster, it has dried up. The insurance paid to replace the transmission and clean the headlight. However, we are still seeing the moisture builds up inside the headlight. I asked them to for replacment, but the denied the supplement. They told me that the headlight got the leaked not from the flood water. Since the headlight is HID, it costs around $2000 for a replacment. Do you know what can I do in my case?

  649. June 27th, 2016 at 8:05 pm #Jason

    Send a scanned copy of the denial notification so I can review. You may use the e-mail address in orange lettering at the top of this page. I want to know their reason for denial.

    I don’t understand why your insurance paid to have the headlight cleaned due to the flood water but now all of a sudden the headlight moisture issue is not related to the flood water. The cost of your headlight replacement or repair should have nothing to do with the action or inaction of your insurance company.

  650. June 28th, 2016 at 8:26 am #Kevin

    Hi Jason,

    There wasn’t any denial notification. They just added under the original repair estimate. I went ahead and sent you the estimate by Geico.


  651. June 28th, 2016 at 5:31 pm #Jason

    If a repairer fails to perform their paid function, look for the repairer to fulfill their obligation, and don’t expect your insurance company to cover the repairer’s shortcoming.

  652. July 8th, 2016 at 10:04 pm #Toby

    Hey Jason,
    Texas resident here, I will try to keep this short. Hail damage, 2015 f250 lariat ultimate edition, long and short severe exterior damage, of moderate concern. Major concern is that Sunroof, side glass and windsheild were knocked out, i had approx 1-2inch of standing water in floor, glass shard in all seats, seat are perforated leather for heated/cooled seats, factory navigation/climate/radio touch screen was flashing on and off with doors closed and no key, when put in reverse back-up camera showed only half screen(should show full) and then when in drive back-up camera stayed on but frozen and could only see half climate controls/radio. Now the issue insurance doesnt want to replace seats which had glass shards all in the perforations, foam or any of the electrical components of the seats, they also said they would only replace radio/navigation if they could make it repeat the issues while they had it, the company that they want to do the cleaning work only warrants labor. They say that they can clean a vehicle that has been flooded to pre-loss condition with this company(Pro-tech). They are also saying that despite all the water it only is considered exposure, not flooding, I literally had water and glass running down the front of my dash and down my defroster vents besides the water in seats and floor, Insurance company= geico. oh and the vehicle sat at body shop sealed up untouched for 3-4 weeks because insurance adjuster would not return my calls. Any info would be appreciated

  653. July 9th, 2016 at 8:21 am #Jason

    If you have a specific question, I can address it. If they are going
    to replace the damage components and clean the interior, that seems

  654. July 15th, 2016 at 12:18 pm #Melissa

    My husband and I lost our home to a fire in February of this year. The insurance company has been great & has handled everything very quickly. We submitted our contract to rebuild in March, which was less than the estimate by the insurance company, and they agreed to the contract & cut us our ACV check along with the additional funds to cover the contract. The problem we are running into is that everything seems to be costing more than the contract, even though we haven’t made any changes from our original conversation with the contractor. We went back with all original cabinets like we had before the fire, but they went over budget about $7000. Same thing with brick…same thing with trim and interior doors. Can we go back to the insurance company for these additional cost or will we be left to pay the difference since it sounds like our contractor made a few mistakes in his quote? Thanks in advance for any help.

  655. July 15th, 2016 at 12:31 pm #Melissa

    My husband and I lost our home to a fire in February. The insurance company has been great & handled everything very quickly for us. We submitted our contract to rebuild sometime in March, which was less than their quote, and they went ahead and cut us a check for the ACV & additional funds to cover the contract. The problem we are having is that everything seems to be costing more than the contract. We wanted our house exactly like it was and expressed that to our contractor along with giving him pictures of the home before the fire. Now, our cabinets have gone over budget by $7000, the brick has gone over, the interior doors and trim have gone over and we now need landscaping and water drainage control due to all the heavy equipment in and out. Are these costs we can go back to the insurance company to pay or does this fall on us to pay since it sounds as though the contractor may have misquoted some things? Thanks in advance for any help.

  656. July 15th, 2016 at 11:30 pm #Wanda

    My mom fell down some stairs at a retail store; she doesn’t think the store was at fault, it was just an accident. Would she have cause to file a claim for her medical expenses under the store’s General Liability policy? Thank you.

  657. July 15th, 2016 at 11:31 pm #Wanda

    Question: My mom fell down some stairs at a retail store; she doesn’t think the store was at fault, it was just an accident. Would she have cause to file a claim for her medical expenses under the store’s General Liability policy? Thank you.

  658. July 15th, 2016 at 11:33 pm #Wanda

    Question: My mom fell down some stairs at a retail store; she doesn’t think the store was at fault, it was just an accident. Would she still be eligible to file a claim for her medical expenses under the store’s General Liability policy? Thank you.

  659. July 17th, 2016 at 8:25 am #Jason

    Talk to your insurance adjuster about the additional costs and see if they will pay for those increased costs by accepting a revised or updated estimate from your contractor based on actual costs, not just estimates of the cost.

  660. July 17th, 2016 at 8:28 am #Jason

    It’s probable that the store owner has medical coverage for anyone injured will on their owned property. The medical coverage is generally paid without regard to any negligence or liability by the property owner.

  661. August 5th, 2016 at 8:34 am #Homeowner

    I had wind damage to my screen room – My insurance company sent me a check in my name and also my mortage companies name – My mortage company states that I will need to sign the check and send to them. They will hold the check until the work is complete. So what if I decide to get the repairs done cheaper – who get the remainder of the check?

    Please help me…

  662. August 5th, 2016 at 9:25 pm #Jason

    Send the signed check to your mortgage holder. Your concern is not
    related to insurance at all Your mortgage holder will keep the funds
    until you repair the damage. If you repair the damage for more, less,
    or the exact amount they hold in escrow, they should send you the
    funds when the repairs are complete. If you have any questions, talk
    to your mortgage holder.

  663. August 16th, 2016 at 12:08 pm #Amber

    We have been adding a composite deck onto our house, only one side of the deck had the railing installed. On the opposite side of the deck (railing not installed yet) we had an outdoor kitchen with a grill sitting on the deck. We did have it moved from the edge and the wheels locked. The grill was purchased from lowes and costs over $2,000.00 We just had a severe storm come thru and blew the outdoor kitchen off of the deck, and also some patio furniture blew around scratching the deck. Would the homeowners insurance cover the damage for the grill even if the railing was not installed yet?

  664. August 19th, 2016 at 7:34 pm #Jason

    Deck railings are not required for your insurance coverage to be in effect. Your dwelling and personal property are covered for causes of loss that are not excluded by your policy. Damaged caused by wind appears to be a cause of loss that is not excluded by a typical homeowner policy.

  665. August 30th, 2016 at 11:01 am #Chris

    My family was in an accident that totaled our Nissan pick up truck along with our 2016 travel trailer. The insurance company is attempting to give us a value that is 5K short of what dealers are telling the worth is. The dealers are saying that they only provide NADA value and will not give values on their letterhead. The trailer is only 1 year old and I have fought everything that I can think of with them for a better value. I am looking for possible options that I might have to not have to accept this offer.

  666. August 30th, 2016 at 6:59 pm #Jason

    I have no idea if you are trying to get a better deal for your nissan or yoour travel trailer. I would assume it’s your travel trailer since you mentioned its age. Go to nada (dot) com and figure out it’s value. This should get you very close to its value. Don’t rely on dealers who will not give the valuation to you in writing. Their input to your trailer means nothing.

  667. August 31st, 2016 at 9:18 am #BARBARA

    My Truck was damaged by a tent on a fair grounds. It was estimated up to $2000 when I got them to be fixed. The insurance company from the grounds asked me to get 2 quotes to fix it and I did. I also submitted pictures of the damage. Now 2 months latter they said they will not pay to fix it, because it was the wind that flipped the tent across the ground and hit my truck. Are they liable and how do I make them fix it. It is a 2013 Silverado not some piece of junk.

    I am very upset.

  668. September 1st, 2016 at 8:53 pm #Jason

    I recently had flood damage to my home. I have a $200,000 balance on my mortgage and expect to get $150,000 from the claim (based on contractor bids). If I decide to use the claim check and my own cash to pay off my mortgage, is there anything obligating me to make every repair that the adjuster listed on his worksheet? Obviously, any repairs that are necessary to meet local building codes or FEMA floodplain requirements would still be done. My main concern is that since the NFIP is a federal entity if they have farther reaching authority than a regular insurance carrier. They did throw out there that they could sieze overpayments after Sandy when they offered to review claims, after all.

  669. September 16th, 2016 at 3:21 pm #Brady Jones

    I recently purchased two duplexes in AR which I found hail damage on before I closed on the property. So the previous owner filed a claim before closing and I received a check from their insurance policy after closing. Can I keep the money without making repairs, there are no leaks or issues? Will this affect my current policy coverage. Note: I do happen to have the same insurance company as the previous owner.

  670. September 16th, 2016 at 5:42 pm #Jason

    With any insurance money you receive, you can do anything with that money that you choose. You can even go to vegas and gamble it all away if you want.

  671. September 16th, 2016 at 6:11 pm #Brady Jones

    Jason, Agree. But the previous owners insurance agent has asked if I am going to put a new roof on the bldgs. Because I have insurance with the same company (different agent), I am wondering if not paying for a new roof will have consequences on my policy/coverage…

  672. September 16th, 2016 at 7:16 pm #Jason

    You can use the money anyway you see fit.

    Of course your insurance company will consider that if you don’t replace the current roof, that there is no longer any remaining coverage for any loss that would occur to that roof cuz they’ve already paid for a new roof. That only makes sense, right?

    Why would the insurance company pay for a roof twice? They wouldn’t. But if you are lucky in vegas, does that even concern you?

    So, it seems there are things you need to think about based on what you now know.

  673. September 28th, 2016 at 7:06 am #steve

    my daughter was hit and has full coverage the insurance company is telling her she has to have the dealership she took it to do the repairs. They told her to get the car there immediately or they would send a tow truck to pick it up. Its almost paid off and its a 2001 ford escape It has rust on and not sure how they are going to repair it and have it look right it needs a fender and door. Can they force her to take it there or deny the claim?

  674. September 28th, 2016 at 4:49 pm #Jason

    Your daughter can have her car fixed anywhere she wants. That is her choice – and not the choice of the insurance company.

    Seems her claim is going to be paid so I don’t know why they would deny her claim. Remember, it’s her car and she can have it fixed wherever she wants.

  675. October 12th, 2016 at 12:55 pm #Terry Whatley

    The manufacturer of my 2004 RV went out of business a few years ago. I was recently sideswiped in a rest stop by an unknow vehicle. I took my RV in for an estimate and I am finding out that they may not be able to get body replacement parts due to the manufacturer closing. I checked with another national company and they reaffirmed what the estimator told me. It also looks as though my insurance company is going to try to just issue a check for what they deem is necessary for the repairs. What are my options and what can I do if the insurance offer does not cover the cost of repair or I can’t get the parts needed? If this turns our to be the case, what are my options with my insurance company.

  676. October 12th, 2016 at 4:13 pm #Jason

    Going out of business doesn’t mean parts are not available. I will assume parts are available until proven otherwise. Repairs facilities know where to get needed parts so get it repaired with a qualified repairer.

  677. October 15th, 2016 at 3:26 pm #Jake

    I was hit by a drunk driver on a motorcycle. No injury for me, just shooken up is all. My vehicle is a classic 85 Chevy pickup. I was in the process of restoring it. Zero rust, zero dents. Good interior. Chassis and drive train were completely rebuilt all over the course of 2 years. I had well over 15000 into the truck. The adjuster came out and told me it was totaled. Insurance offered me 1800 for the whole vehicle. I disputed the amount and continued to research on how they came up with their value. They will not show me any comparable vehicles, they didn’t give me a body shop estimate. Basically just said this is what it’s worth. I’ve done a lot of research and found that most vehicle in the same or close condition as mine are being sold for 6-10k depending on how much work is done to them. I was honestly offered 7500 for my truck last year. How do I go about disputing this unreasonable amount of 1800?

  678. October 15th, 2016 at 6:08 pm #Jason

    If you have a vehicle that you believe is worth over $15,000, you would have physical damage insurance protecting your investment, wouldn’t you?

    The place I would go to evaluate a vehicle’s value is nada (dot) com. Enter the vehicle, and that is the market valuation. Perhaps you can use nada valuation to support your vehicles market value. I didn’t see your vehicle and I don’t know if $1800 is unreasonable – except I went to nada and the vehicle valuation for that year, make, model, should be more.

    Generally when an insurance company totals a vehicle, they will order a total loss evaluation report. Ask them to see a copy of the evaluation report from which they derived their offer. Send me a copy of that evaluation report at the orange e-mail address at the top of this website so I can review the report to see the inputs they used for your truck’s valuation. From there, I can provide you with additional feedback.

  679. December 6th, 2016 at 3:15 pm #ASB

    I recently filed a claim with a car insurance company. Their insured (not me) was found liable. The opposing party’s insurance company accepted liability and reported it to my insurance company. The liable party then requested a supervisor, got his car fixed so that there was no damage at all without reporting it to their company, and sent in the pictures of the undamaged car to have them change the decision. The opposing insurance company then contacted me saying that their insured was not liable and they would not be handling anything and that they had not been, nor would they ever be in contact with my insurance company. They stated that I should contact my company for anything further. So I did exactly that and found that the opposing insurance company had already reported themselves liable. Are they required to cover my repairs since the initial report was already submitted to my company and accepted? I am sure that the insurance companies have all correspondence on file.

  680. December 6th, 2016 at 6:14 pm #Jason

    It seems your claim with the other party is not being considered. If you have collision coverage, file your claim with your own insurance company.

  681. December 20th, 2016 at 1:43 pm #Apartment accident

    My apartment complex had an automatic gate that open and closes is our only exit. There are spikes so you can’t backup. Today as I was exiting through the gate like I do everyday the hate stared to open when I was passing through it it backed up and I was stuck. I couldn’t back up due to the spikes I pushed through it causing damage to my car. Is the apartment complex responsible for my damages? I have an eye witness who lives in an apartment in front of the gate who witnessed everything

  682. December 20th, 2016 at 2:51 pm #Jason

    Your intentional movement of your car forward through the gate area is what caused damage to your car. You as the operator caused your car to move forward, which caused the damage. The apartment complex had nothing to do with the forward motion of your car – you did.

    I fail to see how the apartment complex is responsible for you damaging your car.

  683. December 22nd, 2016 at 4:27 pm #Lisa

    I have a general question. I recently thought I had lost my wedding ring. We looked everywhere for it and couldn’t find it so we filed a claim under our insurance. They opened up a case and we were set to talk to an investigator because it was jewelry. Then a few days later by chance we found the ring in a place that I would have never looked because I never go there. So we call the insurance to cancel the claim and we answer the investigators questions and verbally stated we were closing the claim. Then the investigator wanted pics of the ring and the place where we found it. So pics were sent. Now he wants more pics of the ring. We are at the point that we feel he is now harassing us, almost accusing us of lying about the ring. What can we do? We have not received any compensation for anything and have completely cooperated on every level. But wanting more pics is kind of making me feel like I am the criminal and I do not appreciate that. What can I do?

  684. December 22nd, 2016 at 5:06 pm #Jason

    If your insurance company wants more photos, send them more photos. You filed a claim. Your policy provides that you cooperate fully in the investigation of a claim. They are investigating your claim. That is perfectly legitimate.

  685. December 22nd, 2016 at 6:01 pm #Chuck

    I recently lost my home in a fire. Pekin paid my home claim and ALE however they do not want to pay my contents becaue they say I filed bankruptcy in 2015 listing assets at 12K and in 2016 after the fire listed 133K in assets they say it is fraud and denied my claim. While I know it may noit be an excuse, the assts I filed were for street value prices not insured replacement costs. Also when I sat down with Brite Claim adjuster they came up with over $35000 in loss. I am only asking for the 133K replacement cost I have paid for since 2004. I have read Liberty Mutual v Scott and I think I am screwed. Another thing to consider is that since Brite Claim put me well over the limit of what I claimed for myself, I did not list the items belonging to my 2 kids and my brother who lives with us. I promised them I would pay them each 20K for their losses. What should I do

  686. December 27th, 2016 at 7:16 am #rodney

    glass mirror falls from truck 5 storage high and hit a person who is at fault
    and how he or she can get help for there pain and suffering

  687. December 27th, 2016 at 4:43 pm #Jason

    Your question appears to be a hypothetical question. I don’t address hypothetical questions because there are too many variables involve,

  688. December 28th, 2016 at 11:58 pm #Malisa

    Lived in house that was my grandfathers he had reversal mortgage..week before sheriff sale house had electric fire. Home owners policy is telling us they do not have pay anymore ALE than 90 days. House has still not been foreclosed yet they refuse pay hotel or paid for belongings.
    Can they do this? Shouldnt they pay for our personal property at least before stop paying hotel?

  689. December 29th, 2016 at 12:01 am #Malisa

    Lived in house that was my grandfathers he had reversal mortgage..week before sheriff sale house had electric fire. Home owners policy is telling us they do not have pay anymore ALE than 90 days. House has still not been foreclosed yet they refuse pay hotel or paid for belongings.
    Can they do this? Shouldnt they pay for our personal property at least before stop paying hotel?
    Thank you

  690. December 29th, 2016 at 3:30 am #Jason

    They are doing it so it appears they can. I don’t know the details of the claim so I have no idea what they should or shouldn’t do.

  691. January 3rd, 2017 at 8:42 am #David Mitchell

    I had a workers comp injury claim from an accident I had in April 2015. I had shoulder surgery for a badly torn rotator cuff. My treatment lasted for 8 months, when It was discovered I had a bulging disc and several herniated discs from the accident. I saw a surgeon and he suggested an operation.I declined. I reached a settlement.
    I took things easy and my injuries seemed to ease up on the pain and motion and I felt good enough to go to a job interview, on my way there, I had an auto accident on july 13th 2016, where someone rear ended me while I was stopped at a traffic light .My car was totaled and I was told I had a severe spinal cord injury. I went to see a doctor who suggested an operation. I declined his offer. I have been out of work again because of my physical limitations. I just had my lawyer give me an offer from USAA for $5,500. this seems to be very low and I want to know what the next step is.

  692. January 3rd, 2017 at 5:45 pm #Jason

    You pay your attorney for advice and to represent you. Present any questions you have to your attorney.

  693. January 5th, 2017 at 9:46 am #Lee

    My roommate was in a car accident while on the job, driving one of the company cars. His insurance company isn’t paying enough to cover his medical costs. So his attorney said they could sue my insurance company for some of the money because we live together, and that I won’t be affected by this. Can my insurance company really be sued for a car accident that neither me nor my car were a part of? And if so, will I really not be affected by his attorney suing my insurance?

  694. January 5th, 2017 at 3:37 pm #Jason

    There is a coordination of benefits pecking order and as far as I know, it would not apply to your insurance especially if you were not involved with the accident or the car in which the accident happened. Perhaps it would be possible if you were a family member of your roommate but that doesn’t seem to the be case. If your roommate’s attorney doesn’t know who your insurance company is, it will be rather difficult to sue them.

    Somehow, it seems the message about what can be done and whose insurance company can be sued was misinterpreted.

  695. January 30th, 2017 at 9:40 pm #Mary Donnelly

    I bought a condo about 10 years ago. I have always paid my association dues and my insurance assessments for my unit. There was a fire in my building which destroyed my unit and most of the other 15 units in the building. The association received an insurance settlement for the units from the insurance company. The association says they do not want to rebuild the building and will pay each unit owner 1/16 of the insurance settlement only if the unit owners sign over the deed of their unit to the association. This does not seem right. Does the association have the authority to make me sign over my deed in order for me to receive an insurance settlement? I’m confused.

  696. January 31st, 2017 at 3:28 am #Jason

    Of course they make you sign over your deed.

    You have to look at what signing over your deed will do. You will receive a settlement for your loss. There is likely also the need to settle your personal property loss too.

    If you refuse to sign over your deed, there will be an impasse and 15 unit owners and you will not have your unit settlement’s totaled and will likely bring up further negotiations and delay.

  697. February 11th, 2017 at 9:13 pm #Beth

    I loaned my cousin my car a couple of weeks ago when his broke down. On his way to bring it back to me he hit ice/snow and smashed it into a pole. My insurance was only liability (which in hindsight I will never do again), however he had full collision coverage through USAA that included coverage of whatever vehicle he drove. So he filed a claim through them and they immeadiatly contacted me and had me take it into a repair shop for an estimate. They said they’d be in contact within a day or two. Nobody contacted with myself or my cousin so I asked him to call. They had sent it over to the total loss department. The settlement price they gave me didn’t include that my car was a Special Edition so they asked my cousin to email proof that there were $7000 in upgrades to the car. They told me to pick up a rental and they would be sending me out a check in 2 days. During this whole process they never talked with me personally. I tried calling repeatedly and left messages the following week. After 6 days I again had my cousin call and he eventually got through to someone. They then proceeded to give him the new settlement price while I wasn’t even present and he had them deduct the salvage price of the car out without even letting me know what it was. They then told him he would be getting a check sent to his house in his name for the remaining amount. Nobody has ever contacted me the actual owner. It’s now after the date the check was due to arrive and for all I know it’s been cashed. I requested he send me the PDF file for the payout calculations and that is when I find out that it was originally $1100 more than I am getting now. I want to know if this is normal or even legal? How can an insurance company just take someone else’s word for what I want to do with my vehicle? Thank you. Any help is appreciated

  698. February 12th, 2017 at 6:28 am #Jason

    You gained the wrong hindsight from this event. Instead, you should never loan your car to your cousin. That is the mistake you made.

    The #4 below is likely the part of your cousin’s policy that is providing coverage for his loss. USAA is his insurance company and he is the insured. They are even considering your car “his covered auto”. No where is the language below does it indicate you need to be part of his claim for your car damage. It’s not your claim, it’s his.

    J. “Your covered auto” means:
    1. Any vehicle shown in the Declarations.
    2. A “newly acquired auto”.
    3. Any “trailer” you own.
    4. Any auto or “trailer” you do not own while used
    as a temporary substitute for any other vehicle
    described in this definition which is out of nor-
    mal use because of its:
    a. Breakdown;
    b. Repair;
    c. Servicing;
    d. Loss; or
    e. Destruction.

    It appears he is being paid for the damage he caused but he needs to pay you for your loss. As your cousin, he needs to pay you as soon as he gets the check.

  699. February 12th, 2017 at 12:32 pm #Beth

    First of all let me say thank you for getting back to me on this. After way too many hours spent on both legal and insurance forums last night I can whole heartedly say that I now understand how big of a mistake it is to loan out your car. That being said, I did know that his insurance would cover it under his policy before I loaned him the car and that was honestly the only reason I even did it in the first place. This situation has just been suddenly spiraling out of control. I had originally been told by the USAA adjuster that they would be negotiating all this with me, but as soon as it was totaled the claim was re-assigned. I guess my greatest stress is at this point because the check was supposed to come yesterday and suddenly my cousin has me blocked and has disappeared. I am sure that if he doesn’t re-appear soon I will have to contact a lawyer. I guess it was all just confusing how someone else was able to agree to a price for my car without me being present. One last quick question for you, is it common for insurance companies to not include the cost for taxes and fees in a payout if you decide to keep the totaled car? With the amounts being so far off from the paperwork he was sent and the supposed check amount that he told me, I saw that they had included around $400 for those taxes and fees in the original settlement offer. Which I only got to see after he had agreed to it already. Thank you!

  700. February 12th, 2017 at 1:10 pm #Jason

    Since it appears his policy has settled his claim, this is no longer an insurance issue. He had coverage and it seems his claim was settled.

    Now you have the battle of getting that money from him. You were able to find him and contact him when he needed a vehicle to drive but now that you need your money for the car he totaled, he is nowhere to be found.

    You may have to sue him for totaling your car. You may want to do that immediately.

    The least of your concerns is taxes and fees. He likely kept the totaled car because he didn’t want to turn in your title, which would clearly show it’s owned by you and your name should have been on the check sent to him.

  701. February 13th, 2017 at 2:17 pm #Beth

    Thanks again for the advice. Sadly this whole thing kinda makes me lose my faith in humanity. Still no payment. I did however contact my state’s department of Insurance. The Consumer Advocacy department is going to try and help me out. I guess the moral of the story is, don’t loan out your car. It apparently does not pay to be a nice person.

  702. February 13th, 2017 at 3:57 pm #Jason

    I don’t think the department of insurance has any grounds to get involved. They deal with insurance concerns (very poorly, if at all) but your situation now is a collection effort from you cousin. The insurance worked just fine. It had a claim for your cousin’s insured vehicle (under the definition of an auto under his insurance pocily) and paid the insured the value of the car. At this point, your situation doesn’t involve any insurance company. They did what they are supposed to do. Your cousin, on the other hand, didn’t. It’s now a civil issue involving relatives.

  703. November 23rd, 2017 at 6:47 am #DIVALI PADIA

    I got hail damage claim .Roof inspector told is not done properly. Again told insurance co, They hired a lawyer to ask me question like if the roof was leaking before etc. Please what question can he asked and answer to that.

  704. November 23rd, 2017 at 8:02 am #Jason

    From what you’ve mentioned, it seems you are describing an examination under oath. Essentially any question can be asked and you are required to truthfully answer every question.

  705. July 2nd, 2018 at 7:51 am #Irene

    I had a car 10 years ago that was a total loss. My Ins made a check for the loss over $12K made payable to my Lender. It was never cashed. Since then my Lender sold my loan 3x to other lenders.
    I just received a call from a legal Collection company that is summoning me to court to pay the 3rd Lender now. Which I thought was taken care of. They volunteered to reissue the check, but I explained to them that it has to be made to me because the Legal Collection department stated that to me, that that was between my Insurance Company and me. So should they make the check payable to me since its gone this far?
    Urgent Response please. Their calling me every hour.
    Thank you.

  706. July 2nd, 2018 at 11:37 am #Jason

    Get the check. If they make it out to the lender and you, have the lender sign it so you can then pay off the debt.

  707. July 2nd, 2018 at 8:01 pm #Tina

    Hello, So GLAD I found this site. I have a question. I have a Mercury Insurance H03 Policy.

    This is kind of a long and very sad story. My brother (my hero and best friend) was terminally ill. No one in our family would help take care of him and he had no benefits. Although I am also permanently disabled, I did the best I could. I was sinking and the 420 delivery service was expensive but he needed it (everyone in the home had licenses) I just couldn’t afford to take care of him. Financially, physically or mentally. I also had been assaulted about a year prior to this and suffered a traumatic brain injury and to this day about 3 years later, I still suffer from memory loss, confusion, disorientation, balance issues, PTSD and post concussia .

    We became friendly with the delivery service and the owner knew my brother was dying and I was going to lose my home because I couldn’t afford to take care of him. He approached me (i am disabled from Major Depressive Disorder, Panic Attacks, Anxiety, Lupus, Rare Blood Disease, and after a bad fall and 10 operations later, lost 90% use of both hands.) saying he might be able to help us by renting my garage for growing medicinal 420 and that we wouldn’t have to pay for it any longer. He would pay the electric bill, the water bill, some cash and provide for the entire household’s medicinal needs.

    We had problems right away with power, so they double the panel and added central a/c to the garage unit. Saying it was a permanent upgrade and inclulded in our deal. Long story short, they did not live up to their end of our verbal agreement, performed unauthorized construction, pulling out my garage door opener, damaging a ton of expensive products in the rafters by tossing it up there instead of placing it safely somewhere. They concreted the only access to this area much of it my clothing and when I went inside I almost passed out from all the damage. 2 ft holes, unpermitted plumbing and electrical, and they left a $6000 electric bill unpaid and past due. I do not have any money (I am disabled) they refused to repair the damage, took 30 more days to get their things out without paying. SCE is requiring huge payments which I do not have. Furthermore, they have now required a deposit in the amount of $3800! And I have about 10 days before they shut my power off. If that happens, I will certainly lose my other tenants, my home, and I have no where to go.

    I have tried to work this out with this guy, but he isn’t budging. I did nothing wrong. They ripped out all the electrical upgrades as i am screaming for them to stop, ripped out the air conditioning unit took all their equipment and left a garage full of mites. They even left about 8 gigantic trashbags and more or their trash on the side front of my home which I am now having to pay a fine for from my hoa but I am UNABLE to move these. I even loaned these guys my TRUCK to move most of their equipment valued at $35K used. .

    In the end, my brother hated me because we had planned the money to pay for his needs and many did not get met simply because this guy constantly lied, when things broke, which was their negligence due to non coded work, I would have to purchase new appliances and I really didn’t get any benefit from them, 8 months of not providing the medicinal 420 and the concreting of the wall prohibiting me to get to my listed Ebay items, was the catalyst in Ebay closing the small store I had to pay for my groceries in which i had for over 10 years. He refused to pay or make up for anything he did. Still does.

    I found out he is doing this to many other homeowners in Santa Clarita and similar things are occurring. I couldn’t even pay for my brothers funeral because he decided not to pay rent that month and he knew everything.
    Basically, this guy and his two partners prey on disabled individuals in order to seek control and advantage over them. I had no idea they were going to do all they did and because FOUR of my family members died with just a few monrhs of each other, MY Father now on hospice too, I was gone a lot and they were able to perform this type of construction without any knowledge to me . IS THERE ANY COVERAGE AT ALL FOR ME in this H03 policy. I am having a breakdown and everywhere I turn for help I am hitting wall after wall.

    Thank you for your patience and for your consideration.

    T Williams

  708. July 2nd, 2018 at 8:47 pm #Jason

    There is no coverage what-so-ever. There is no covered cause of loss, or covered damage that you talked about.

  709. July 12th, 2018 at 12:24 pm #Eelizabeth

    On May 28th 2018 we were out on a motorcycle ride when a deer hit us. The drivers insurace is saying they wont pay any medical ect… Now I’m being told that my car insurance may cover it?? What to do what to do

  710. July 15th, 2018 at 8:58 am #Jason

    I believe you are being provided incorrect information.

  711. July 21st, 2018 at 6:25 am #Joy Artiglio

    my mechanic works out of his rented home. He was changing my fuel filter and accidentally caught my car on fire. He suffered a severely burned hand. The fire was put out before the car completely burned or exploded but the fire shot back up the fuel line and destroyed it. There is most likely substantial damage to the vehicle. I do not have comprehensive coverage on my vehicle so should I file a claim with the homeowners insurance since it occurred on his property?

  712. July 21st, 2018 at 8:36 am #Jason

    If your mechanic has renters insurance, the following policy language seems to apply to the situation:

    A. “Motor Vehicle Liability”
    1. Coverages E and F do not apply to any “motor
    vehicle liability” if, at the time and place of an
    “occurrence”, the involved “motor vehicle”:
    a. Is registered for use on public roads or

  713. August 6th, 2018 at 4:37 pm #Donald

    My upstairs neighbor flooded my bathroom, bedroom and living room ceiling. He does not want to go through his insurance and wants to pay me cash. I got fair estimates and he wants me to sign a release note. What information should be on the note and what should I look out for. I am a bit hesitant to sign. How should the note read? Thank you.

  714. August 6th, 2018 at 5:16 pm #Jason

    Turn this into your insurance company and let them deal with it.

    If you want advice about a release, talk to an attorney.

  715. August 22nd, 2018 at 9:32 am #tonya

    well our neighbor had a company truck in his drive way and thought he had the break on. but the truck ended up through our house. we have called our insurance and found that that company has not filed on their insurance and we had to file a claim on their insurance against them and they are wanting to be the ones to fix the house. they sounded like they were on the up and up about everyone filing insurance but to find out they haven’t . now it is starting to sound fishy and wonder what to expect next

  716. August 22nd, 2018 at 9:55 am #Jason

    Stop playing games and file your claim with you insurance company. You have homeowner insurance on a replacement basis. Get your damage repaired through your insurance company and let your insurance company collect your deductible from the at-fault insurance company so they can send it back to you. The other insurance only owes you actual cash value of your damaged property, not replacement cost.

    You need to select your own repairer who you trust and and who will repair your home correctly.

  717. August 31st, 2018 at 10:15 am #Kelly

    I have a homeowners claim going on. Two tiles in my living room broke as a result of the claim. I happened to have two extra tiles that the insurance company will pay to replace the broken ones. However, I now have no extra ones in case in the future I actually break one so I would be on the hook to replace the entire floor when if I had just told the insurance company I didn’t have any spares, they would have paid to replace the floor as part of the claim. Does anything think I can get the insurance company to pay for the floor since using my extra tiles potentially puts me in a bind in the future.

  718. August 31st, 2018 at 11:17 am #Jason

    You made a claim for 2 broken tiles while you had two replacement tiles to be used to replace the damaged ones. It doesn’t seem like making a claim was worth the end result. Your current solution was relatively simple.

    If you should ever have any damage to the floor tiles in the future, then would be the time to consider your options.

  719. September 1st, 2018 at 5:47 am #Denise

    My roof collapsed about a year in half ago after filling out 3 work orders. The celling in kids room caved in and I filed a claim for damages. Settled it and closed after they played for my kids and damages, however I have have concern because my kids don’t want to sleep or go into the room any more. Can I reopen and file for the mental stress it has cause for my kids?

  720. September 1st, 2018 at 7:07 am #Jason

    Insurance doesn’t provide parenting assistance to parents who allow their kids to dictate where they will and won’t sleep.

    Your concern isn’t insurance related, it’s about kids who dictate the rules by leading you to believe they are scared because they are actually the ones in charge. You can start looking for guidance with resources like this: sheknows (dot) com/channel/articles/805683/strategies-for-dealing-with-children-who-wont-listen-to-your-authority

  721. September 9th, 2018 at 1:06 pm #Eb

    Jason, you are awesome! Are you the website creator and admin?

    Check out my question if you get a chance. Would love your feedback!


  722. September 9th, 2018 at 2:16 pm #Jason

    This site was created by someone else and that person is also the administrator. I simply answer the insurance related questions since I have the knowledge and experience to do that. I provided as much information as I could to your insurance question. If you have any other questions, simply write back.

  723. June 9th, 2019 at 10:51 pm #General Insurance Claims Questions Advice And Help Source Hurricane Ut | The Counters Blog

    […] Uclaim Insurance Claims Advice and Help EBooks – […]

  724. August 25th, 2020 at 8:19 pm #Alice

    I live in a condo duplex with shared walls. My neighbors bathroom pipe burst in her master bedroom the water came through the walls into my both my master bedroom and spare room, both carpets, walls and baseboards in both rooms received water damage.

    I called her insurance company first filed a claim and they said due to non negligence on her part they were not responsible and would not cover any of my damages. I then called my homeowners insurance company and they too said that due to the pipe not bursting in my condo they were not responsible.

    I am so confused and do not understand why her insurance is not claiming responsibility, and more so confused as to why my homeowners insurance is also not wanting to pay for my water damages. I also tried talking to the HOA association and they too said that they only cover outside structure and are not responsible for any inside damages.

    Any advise would be appreciated!

  725. November 1st, 2020 at 5:27 pm #Jason

    It makes sense that the other unit owner’s insurance company is not offering to pay for your damage. Your insurance company should be paying for the damage to your unit if you have physical damage coverage through them. I don’t see why the HOA insurance company would have to pay for any of your damage since their coverage is for common areas, not individual areas.

  726. July 24th, 2021 at 5:04 pm #PETER D.

    Will my auto insurance request records from my visit to ER if I am not claiming any injuries. Car hit pole, no one else involved, no summons issued.
    only need to file claim for damage to my vehicle. Police sent me to ER to get checked out.

  727. August 18th, 2021 at 12:36 pm #Ron Cercone

    Peter, I doubt it. But that’s just my opinion. You might want to ask that question to your agent. Tell your agent to check with the underwriting Department. Was a payment issued by any entity to pay for the emergency room visit?


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