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Our home went through some water damage because the

sprinklers got set off. (No...
Our home went through some water damage because the sprinklers got set off. (No fire damage, just water damage).
We have AAA insurance, and they estimated damage at 14K, while an independent contractor quote us at about 30K. And we feel caught between AAA and the contractor. I think AAA is low-balling a bit, and the contractor probably has some buffer built in. Ideally, I'd just like AAA to agree to what the contractor is asking for, or at least get close, so that we can move forward.Any thoughts on the legal strategy to do this? Would it help to suggest to AAA that I was going to get a lawyer involved. Ideally, I don't want to get a lawyer involved, as the expenses would increase for everyone, not to mention the time involved in getting the job done.Any thoughts?
Thanks,
Nadir
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Answered in 7 hours by:
3/13/2018
legalgems
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If the contractor bid is deemed excessive the insurance company may request additional bids (usually 3). An insurance company is legally obligated to comply with the terms of the policy and the policy will typically state how many bids are required.

If the insurance company will not pay, the homeowner may sue for bad faith breach of insurance contract. If the parties cannot resolve the issue in addition to filing suit a complaint can be filed here:

http://www.insurance.ca.gov/01-consumers/101-help/

Here is the Fair Claims Settlement Practices Regulations which are binding on an insurance company:

http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cfm

Please see specifically regulation 2695.7-

http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cfm#settlements

legalgems
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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