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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55153
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I had a cleaning company drive into the basketball goal at

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I had a cleaning company drive into the basketball goal at our home and break it in half. They insisted that I let them fix it, and when I declined and wanted a company specific to basketball goals to fix it, they filed an insurance claim. Do I have to wait for the insurance adjuster to come before I can start repairs? I have a used goal arranged to be installed that the cleaning company wouldn't go in half for and refused to pay for the repair. They wanted me to let their handy man do o it instead. I refused because I have no recourse if it fails in 30 days.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. The cleaning company does not get to cause the damage and then define the parameters of how to remediate the situation. If the cleaning company will not accept a settlement that you find acceptable, file a claim against the cleaning company in small claims court. You can do this without a lawyer. Simply the filing of the suit will get the cleaning company to pay you without the hearing. In the meantime, just take pictures of the damages and of everything you do and keep notes and records of the remediation, and proceed to fix the problem in a manner acceptable to you. You don't have to sit and wait for them to settle reasonably. Then, once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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Customer: replied 3 years ago.
I have been negotiating with them since Monday. Today, after I made my final offer, I got an email from their insurance company stating an adjuster would contact me Monday. The way I understand your answer is that I can begin the repairs, as long as I document in pics, without waiting for the adjuster. Is that correct?
Second, if they broke the post to the goal and not the backboard and rim, do they only have to replace the pole? The backboard is exclusive the the pole which is at least 10 years old and discontinued? It appears, based on the email from. The insurance company they intend to say they only damaged the pole and therefore get out without replacing the entire pole, backboard, and rim. Is that legal?
Thanks for your reply. Yes, you can proceed with fixing the problem. I would recommend keeping the old pole, backboard and rim if you replace it until the adjuster comes out. And, they don't get to simply fix the pole if it is all one piece basically and you would not be able to put the existing backboard and rim on a new pole. And, even if the insurance company doesn't give you what you want, don't feel dissuaded. They don't get to make up the rules either because they are not exactly unbiased. If you don't like what either of them offer, file your suit. You have the right to be put back in the position you were in before they caused the damage. Under their concept, if they had hurt something on your car that could not be fixed and made the remainder of the car unusable, they could simply pay you for the part damaged. That's not the way it works. They would have to pay for the total value of the car.
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