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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7238
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I had a hail damage claim for 12.5k. Insurance paid me 4k. I

Customer Question

I had a hail damage claim for 12.5k. Insurance paid me 4k. I replaced roof before sale for 7500. I mistakenly forwarded invoice to them. There is 5700 recoverable depreciation. Can they prorate the 5700 based on cost versus claim?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Loren replied 2 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. There is no obligation for you to accept the phone call offer, unless you want. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money.

Expert:  Loren replied 2 months ago.

If you have a Replacement Cost Homeowners Policy, in the policy contract the insurance company has the right to withhold funds until proof of replacement to damaged items have been repaired.

However, it sounds as if the adjuster already factored in the recoverable depreciation. So, the invoice will probably not be an issue now.

Customer: replied 2 months ago.
The adjuster's first response was that they may have to do that. I disagree but need a firm response to get the money and pay my vendor. The lady adjuster is very cooperative so a kind legal response should work.
Expert:  Loren replied 2 months ago.

Did you sign anything to close out the claim?

What does the policy say with regard to the re evaluation of the claim after it is already paid out?

Customer: replied 2 months ago.
The invoice was all they wanted. No roof completion form necessary. I initially told her to hold invoice when she told me about possible proration. They said they don't need any forms or inspections to pay claim. My stance is no matter what I got it replaced for it was done per claim specs. I have not spoken to them yet.
Expert:  Loren replied 2 months ago.

Tell the adjuster that the claim amount paid is in accordance with the terms of the policy and the closing took place in reliance with their opinion of value. Any readjustment is in contradiction to the terms of the policy and would result in a hardship and injustice such that it would constitute bad faith on their part.

Customer: replied 2 months ago.
Now that sounds like it will work. Will I able to print this out in case I need to?
Expert:  Loren replied 2 months ago.

Try to copy and paste the thread in a text file or email a copy to yourself.

Expert:  Loren replied 2 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Customer: replied 2 months ago.
I will complete rating after I talk to adjuster. Thanks
Expert:  Loren replied 2 months ago.

Ok

Customer: replied 2 months ago.
I have a call in to them. Looking at claim it says "if the repair cost is less than the estimated amount spent to repair the damage you may only recover up to the actual amount spent to repair less your deductible". I don't see why my cost to repair it to estimated claim is a factor if roof is done to industry standard. I got a deal. Competitor's bids we're $11k and $9900.
Expert:  Loren replied 2 months ago.

The reason they can do that is because it is not illegal and it is contained in the terms of the policy. It is done to preclude collusion between the contractor and insured.

Customer: replied 2 months ago.
what is my response to them? If I was able to get it done cheaper than claim amount I don't think that should affect recoverable depreciation when roof was restored to original condition. I guess I could have had contractor give me an invoice for full amount and credit my invoice when depreciation check is received but I didn't think that was necessary. Recoverable is $5745 and deductable is $2634. I paid contractor the difference of $7500 and recoverable $5745. What I think they are wanting to pay would he $5745 - $2634. Leaving me $3111 to pay contractor. Need some serious lawyer speak to put on them. ��
Expert:  Loren replied 2 months ago.

I told you what to say. Try that. The threat of a bad faith claim is usually enough to get them to back off but, frankly, if the repair actually cost less than the estimate then the terms of the policy may allow them to reduce the award.

Property damage is reimbursed dollar for dollar. So, I think you just have to wait and see what happens when you speak to the adjuster.

Good luck.

Customer: replied 2 months ago.
I spoke to them and quoted your statement but adjuster said she only has the invoice to work with. The invoice only states the work that was done. It does not have separate labor and material charges. Would it work better for us to discuss this by phone?
Expert:  Loren replied 2 months ago.
I think at this point you would want your own attorney to write a demand letter to see if the threat of litigation makes them fall back from their position.
Unfortunately, if the adjuster's position is in line with the policy terms you are in a difficult position and a demand letter on attorney letterhead may intimidate them.
Customer: replied 2 months ago.
I need to pay the roofing company now so do I need to pay them the $5745 and accept the $600 they say I am due and then get an attorney to try to fix it? I surely can't afford that.
Expert:  Loren replied 2 months ago.
That may be your only choice at this point, unless the contractor can speak to the adjuster and give a revised statement.
Customer: replied 2 months ago.
I have so much going on with family issues from my wife's car wreck where she broke both legs, one arm, and her pelvis then her father in Houston, disabled and house eaten up with bedbugs. I wasn't thinking about the insurance company trying to screw me. The roof was completed per their estimate. I told them we (my wife) have rental properties ( in trust), and I think my wife may have supplied some materials such as part of the shingles since they were the standard shingle we use on rental properties. She used to own a real estate and management company before her son stepped in and bankrupted it. We still have all sorts of materials to make most any repairs necessary on hand. I could give her an invoice for materials but don't have current invoices. I could have avoided this by having roofer give me an invoice for full amount but didn't think it was necessary or know this would come up. I would like to be able to send them an email with a firm position on my part stating why the full amount should be paid. That is why I decided to contact Just Answer. I can scan you copies of the invoice and claim with their fine print if necessary.
Expert:  Loren replied 2 months ago.

I do not know that I have any other information to provide. You are pretty much hobbled by the invoice you sent them. Providing your own materials is not likely to help.

I will opt out so another expert ca weigh in.

Do not respond to this message or it will place the question back in my queue and delay another expert from responding.

Expert:  Attyadvisor replied 2 months ago.

I am a different attorney and it will be my pleasure to assist you. The first Attorney provided the correct answer. Where are you located so I can provide a link for local Attorneys that provide FREE consultations that can assist you with the situation. Sometimes just a letter on local Attorney firm letterhead can do the trick. Let me know where you are located. You can also contact the State. Please give me one moment to provide the link.

Expert:  Attyadvisor replied 2 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work and my time from the site I would appreciate it. A positive rating will not impact your ability to receive a refund. Thank you for using JA.

Expert:  Attyadvisor replied 2 months ago.

Please let me know where your property is located so I can provide a local Attorney for you.

Customer: replied 2 months ago.
I see I have already been charged $45 for this. I have not received a satisfactory answer yet. I know I can fill out a form to complain to the state. My zip is 76504 Temple, Tx.
Expert:  Attyadvisor replied 2 months ago.

The Attorneys do not have customer account information and have no access to billing. If you are unhappy with the amount that you were charged I would contact Customer Service and ask for a refund. Pursuant to the terms of service of the site the Attorneys provide general information that, hopefully, gets you headed in the right direction. If you need anything additional you would want to hire an Attorney. I can send you a link for the terms of service as there appears to be a misunderstanding on the services the site provides.

Expert:  Attyadvisor replied 2 months ago.

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