I filed a home owners claim because a pipe burst in our upstairs bedroom while on vacation. We mittigated the damage and had an on call tech fix the pipe. We have 3 rooms of damage and mattresses, lenins, computor, high heels, i pod, carpet, wood flooring and much more damaged. We filed a home owners claim and were called by an adjuster who tried to tell us it was denied before coming out saying "It was your AC" I paid an a/c tech who said the a/c pans and lines were in perfect shape. I requested a new adjuster, but they sent someone from the same company. He was unprofessional and spent 3 hours at our home and had to be thrown out. They insurance company used a thrid party claims handler, and adjuster. after saying they were breaking the "Fair treatment" clause in our policy, they reluctantly approved 3,000 and said that was for the construction and loss. This is no where near the value. The loss with appropriate depreciation is 7,500 and the construction was bid at 17,772.00 My deductible is 2,300 and we have been at a hotel for 10 nights, which falls inline with our standard of living reimbursment of 100.00 per night, since the dwelling has the water shut off. My attorney is out of the country, so I want to know do I have grounds to sue them? I have rejected the offer via voice mail, and will do so in writing tomorrow. dwelling protection is 232,000personal property 132,000Can I file a law suit against them? Are there time limits to protect homeowners who are displaced from their homes?
Country relating to Question: United States
State (if USA): Texas
Requested new adjuster, but they sent one from the same company. Requested to be treated fairly and put together notes, pictures, reports from hired techs to try and prep the file.
Hi, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help I am so sorry you suffered this damage and as if that were not bad enough, to have the claim rejected by your insurance carrier. That is unforgivable. This is how they make their money, by rejecting every claim that comes from their insureds. But, that is also why the Legislatures of all the States believed it was necessary to amend the insurance laws and provide recourse for the insureds to bring "Bad Faith Claims" against their insurance company, Yes, you should sue them to cover your loss under the insurance policy , and be absolutely sure to add a Count for "Bad Faith". This comes into play when a loss is covered under an insurance policy, but the insurance carrier is dealing in "Bad Faith" simply to avoid paying the claim. "Bad Faith" claims arise not only when an insurance carrier denies a claim submitted by their insured, but applies equally wher the insurance company is consistently offering much less than the claim is really worth, knowing that the amount their offering will not cover the loss and they are merely offering that amount for what they call "nuisance value" just to close their books on the claim.When an insured wins his lawsuit against his insurance company and also wins on the "Bad Faith" claim, the insurance company must pay Punitive Damages because that is the penalty imposed by the law on the insurance company for dealing in bad faith with their insured. Punitive damages are generally three times your ordinary damages. So, if for example, you sued your insurance company and won your claim for $17,772, your punitive damages would be 3 times that amount, or $53,316, for a total recovery of $71, 088 ($17,772 + [ $17772 x 3 = $53,316] = $71,088). Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name, If you need clarification, please let me know by pressing the "Reply" button, Thank you for allowing me to be of service, ANDREA
If you need clarification, please let me know by pressing the "Reply" button,
Thank you for allowing me to be of service,
Thank you so much! Wow that is beyond what I expected in this service. Our claim was not denied, but they made an offer of 3,000 which is just unacceptable. I will retain my attorney asap, can I notify the insurance that I am rejecting on grounds of bad faith, and can I sue the so called independant adjuster who broke the laws trying to deny the claim and lead us into false information. Are there time limits or ways to speed the process, since we are in a hotel waiting for home to be repared. When they sent the settlement for 3,000 it said if you reject this, you can not do any further work to your home. Thank You, XXXXX XXXXX rate you with a perfect score!!! Thanks so much!!!
Hi, Kirk I am preparing an Answer to your follow up quesitons, just did not want you to think I forgot about you
Hi, Kirk, Thank you so much for the compliment, I strive to keep my customers at the pinnacle of satisfaction, lol Besides, my typing skills leave a lot to be desired, so I try to more than make it up in intelligence and coscientious Answers, As I stated in my previous Answer, an insurance company does not have to reject the claim of its insured all togeter to be found to be dealing in bad faith. Making low estimates knowing full well that the amount will in no way compensate the insured for their loss is also indicative of, and form the basis for a "Bad Faith" clai,. You cannot sue the adjuster and he did nothing illegal. Dealing in "Bad Faith" is a civil matter, Besides, he is the low man on the totem pole, he does exactly what his superiors tell him to do. I would not tell the insurance company I was rejecting their offer because they were dealing in bad faith. I would write something like, "While I was hoping to resolve this problem as amicably and expeditiously as possible, with the offer you extended, I can see that is not going to happen. You saw the extent of the damage; to even suggest that it is the result of an air condition tray, convinces me that you are not dealing in good faith towards an equitable settlement. I am, therefore, respectfully XXXXX XXXXX offer of $3,000. If you have not sent him an estimate yet, tell him in the letter that you have obtained one estimate and expect two more estimates shortly, and tell him that you will send copies of all three estimates together. As for your stay in a hotel, you can also diplomatically tell him in the letter that you are going to add all of those costs onto your damages. There is no real time frame, but you should try to get all three estimates over to the insurance company within the next few days so that you will know their position and you can take the "appropriate steps to protect your interests."
Please let me know what the reaction of the insurance compay is once you send them your estimates. If you need anything further, or have more questions in the future, please feel free to direct your questions to me by typing my name at the beginning of your question, like this, "For Andrea only .........." Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,
25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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