How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37044
Experience:  30 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

I had a new water well drilled on my property this spring in

Customer Question

I had a new water well drilled on my property this spring in Ohio. The heavy drill rig tore
my asphalt driveway to shreds and the driller knew it. He called his insurance company
that afternoon. I was only able to get one estimate for someone to come to my rural
area. It is really expensive to repair as my driveway is very long. I said I would pay the
cost for the final dress coat of asphalt if the insurance company would pay for the areas
that have to be removed and fixed that were crushed. The repair part alone will cost
over $18K and the top coat will cost over $14K. I just got home to find a message on
my answering machine from the insurance company saying they had calculated that
they are going to pay some amount ( I wasn't told how much ) AFTER DEPRECIATION.
Since when does home property depreciate? Do I need to get a lawyer and take the
insurance company to court? What are my rights and what can I expect? I called the
insurance company back and the individual doing this claim that I need the full amount
to do this repair. What are my rights and what do I have a right to expect? The drive
is 19 years old and done to highway standards and not abused up until now.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Your option here is to sue the owner of the rig.You can see what they offer but likely this is a suit for the court of common please seeking lawyer fees and costs.Ohio small claims only covers $3k here not enough to make you whole.
I would file a complaint here with the state claiming they are not adjusting this in good faith.You can do this for free and it might get you a better offer.
File here
https://www.insurance.ohio.gov/Consumer/OCS/Pages/ConsCompl.aspx
I would make sure you have a couple of estimates or receipts from the work performed.Good documentation including before and after pictures might mean the difference in all of this.
You may file your complaint and then a demand letter to the drill rig owner for the full amount here and see what offers you get from both the insurer and rig owner.I would not settle if they are low balling here, send your demand letter and file a complaint.
You may ask for a second opinion too if the original adjuster had bad figures here.You hope all of this gets you a change of direction.If all of this fails you will need a local lawyer to sue them.
You want one that does civil litigation here.
Lawyer referral with ratings.
http://www.avvo.com/lawsuits-disputes-lawyer/oh.html
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
If you can leave a positive rating it is always much appreciated.