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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hey, I am involved in a residential insurance claim. I live

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Hey, I am involved in a residential insurance claim. I live in northern Virginia. Basically I had a water leak in my kitchen and damaged the downstairs neighbor's unit. Since I have a gap in my home owner insurance. I have to pay the insurance claim. I don't have problem to pay if they can show me any evidence of damage.

I have paid in half of the insurance claim about 5500$ because I think it is the reasonable cost to repair the wall, ceiling and replace carpets. There are many other strange items on the bill such as old TV, iphone, ipod ...etc

Although it is strange that the owner refuse my help to rebuild or view his unit with the contractor that I selected. I told him that I was willing to pay all cost.

The insurance agent (Liberty Mutual) sent me the bill and asked me to pay. I requested to review the detail billing item with LM's inspector or arbitrator. I have requested many times to go over the document with him and he has showed no interests or wanted to meet me to go over claim in details.

1. LM send a collection agent request me to pay remaining balance. I don't believe that the total number is XXXXX So I said no and request Liberty mutual to give me more details. So Collection agent does not want to wait longer and gave me till last Tuesday to answer them. I said no since liberty mutual are not give me any information at this point.

What is the consequence after I refuse the collection lawyer?

2. What should I do now to prepare whatever happen next?



Thank you for your question. Is Liberty Mutual your insurance carrier?

I look forward to hearing back from you.

Customer: replied 3 years ago.

Liberty Mutual is my neighbor's insurance carrier. Due to a mistake in refinance, I don't have my condo insured. So everything was out of my pocket.



Thank you for your response. LM's refusal to allow you to test the adjustment of the damages claim is a bullying tactic. You are only legally liable for the amount of damage that is shown to have been proximately caused by the water. Thus, you are entitled to test the claims of what is damaged and what isn't. You are also allowed to assert that the amount sought to repair or replace an item is not reasonable. If LM continues to refuse to allow you to have an independent inspection of the damaged property or of the actual adjustment, then you may choose to play hard ball and refuse the payment. If you refuse the payment, then you could face a lawsuit from LM (as the property owner's subrogee) to obtain the unpaid amount. Then you would have to fight it out in court and LM would have to prove that the amounts it seeks are reasonable.

In the end, it's going to cost you more in legal fees than it would be worth in battling the adjustment. Nevertheless, I'd stick to my guns and insist upon an independent review to see if they will cave to your demands. I would stare them down right to the point where they would actually file suit, then offer a settlement. I would also recommend simply offering a settlement at this point for less than what they are demanding.

Please let me know if you have further questions regarding this matter.

Best of Luck,
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so much for your answer, ZDN! Do you know where and how to find an independent inspector to do the job?


The water damage was happened about a year and half ago. Is it too late?

How much the court fee can be?



Liberty mutual just sent me the bill and have no photos or proof to back it up. I have reviewed some of the water damage photos. Many items on the invoice does not show anywhere in the photos. I can be wrong, so i requested to talk to LM.



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