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Question

Someone lost control of their car and drove into our house. There was property damage as well as material damage. Our things were not very old (less than 2 years). the insurance company did fine with the property damage, but are depreciating the value of our things. This will mean money out of my own pocket to make thing the way they were. I don't think this is fair. Can you tell me if I can tell them this is wrong? I do not know my rights here.

Submitted: 268 days and 21 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Walnut, California

Already Tried:
I complained to the insurance company. They said that they were sorry but I have no recourse.

Posted by GWarren Customer Advocate 268 days and 20 hours ago.

Answer

Thank you for contacting justanswer.

You do not indicate whether the insurance company represented the vehicle driver/owner or is your homeowners insurance carrier. There may still be several options:

1. If the insurance company represents the vehicle's insurance coverage continue to advocate your demands for a better settlement in the negotiation process. You may contend that the property was relatively new and that the insurance company should consider settlement based on RCV replacement cost value rather than ACV actual cash value. I am providing a link to an article regarding the concern about depreciation of property that arose out of the wildfires that may offer helpful tips as well:

http://ezinearticles.com/?California-Wildfires---Depreciation-and-Contents-Claims&id=1301650

2. If you have not involved your homeowner's insurance company, you may want to consider whether their involvement on your behalf may be helpful. For example, your policy may include RCV (replacement cost value) rather than ACV (actual cash value coverage) and that would pay for the replacement of the items. If the company is your own carrier your written policy will indicate whether your coverage is RCV or ACV subject to depreciation.

3. If you cannot reach agreement with the insurance companies you may want to consider discussing the matter through the California Department of Insurance. A link is provided below:

http://www.insurance.ca.gov/contact-us/0200-file-complaint/

I hope this information is helpful and worthy of your Accepting it by clicking ACCEPT on the upper right side. It is not intended to be nor should it be construed as legal advice. If you would like further clarification, please let me know. Best wishes in your continuing negotiation toward settlement. If you need to engage an attorney to assist you in your negotiations or further legal efforts the local bar association lawyer referral service should be able to provide you with the names of lawyers you can contact as to their experience and fees in similar situations.

Answer

Please let me know if you need further clarification.

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Expert: GWarren Customer Advocate
Pos. Feedback: 100.0 %
Accepts: 
Answered: 3/7/2009

Attorney

30 yrs Counsel, claims, corp governance Fortune 100 financial insurance co., law firm. OH NJ license

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