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Home owners insurance question:?

Been the victim of Legal Malpractice? Discuss it here.

Home owners insurance question:?

Postby francisco » Mon Apr 04, 2011 3:38 am

My tub on 2nd floor overflowed and did damage to kitchen ceiling, a little to walls, and some in bathroom. I woke up to the smell of smoderomg wires. I call 911 and go outside with baby. Fire department pulls two fuses (of 8) I call my insurance company, and the doorknob head adjuster comes. First he's not going to pay for a motel, but I tell him that the fans his "cleaning and restoration" company set up are blocking the doorway, where they have to be, so I don't have a legal exit, it's obstructed. Also, I don't need plaster falling on the baby's head--I can't be moving the stove and fridge every time I need a plate out of the cabinet. Restoration company had 3 huge fans and a dehumidifier almost as big as my stove in my small kitchen. Then he tells me that the restoration company is going to do the repairs--I said: "NO WAY!" and didn't sign an;ything that even allowed to get an estimate. So a few weeks went by --I got one bid that expired after 10 days. I was waiting for doorknob head adjuster to let me know how much he had paid restoration company to dry out my kitchen--and I had some other pressing matters having to do with work comp--had deadlines to meet. I know I have 6 months at least on the house claim. Friday, I get a letter in the mail from doorknob head, and a check for $804. He says the resotration company can sheetrock 1/3 of the ceiling for that. He paid them $3000 to set up a few fans and knock down about a 4x4 area of wet plaster ceiling , about 1/4 of my ceiling. Now I'm FLIPPIN! For the $3000 plus the $804--I could have done it myself, and had a whole new kitchen! I'm just not sure if I have replacement insurance--I should. I called the agent I deal with and told her I wouldn't accept that, and she said I had too--that I never called doorknob head back so he got the estimates, even though I told him the cleaning/restoration company wouldn't be doing any work after the "drying out." I told her : "Know way--this house is going to get fixed right and it's going to be safe--you're getting me a whole new piece of sheet rock, and there is bathroom damage and there are electrical safety concerns that have NOT been addressed. She told me I could cash the check and do whatever I wanted. I know that to cash the check would mean that I accept the $804 as a settlement. Who do I talk to next--should I demand another adjuster? I know I have to get another estimate, and that shouldn't be a problem. Should I contact the State Commisoner of Insurance! Looks like the only ones into insurance fraud are the insurance companies. This SKS Every day plaster is falling from the slats in the exposed area, my kitchen light is down, and my upstairs toilet is laying on it's side. My homeowners' deductible is $250, so that's not a big deal, but how can I tell if I have replacement? I read that policy over and over, and most of it is still like a can of worms. A friend who used to sell insurance said I have the right policy, but he couldn't tell, either. Their forms change every few years. Do I have six months to accept? If I call the commissioner, will they burn my house down, or just raise my rates or cancel me? I've been in my old house 27 years, and other than a couple of trees go down, I've only had one small claim in the mid 80's. Then this Friday, somebody also smashed out my windshield--same insurance company--it's fixed already, but I have to fix a headlight, too. Can anybody please be my free lawyer but on a contingency basis, who is a bulldog in court? I have the house claim, the car claim, the work comp claim, a medical malpractice claim, and a labor law claim for wrongful termination. I'm on unemployment. Worked for my company for 7 years, and was never going to buy a car while I worked for them, but I January, my old car threw a rod, and I had to have a car. Hard to pay car and house payments on UCI, grandson lives with me--I think I'm screwed! Can't even get a jewler to give me half way decent price for my wedding ring! I just hope I can hawk my house for the malpractice and labor law claims, or I'm screwed again. I won't be able to hang onto my house if I can't convince a jury, and I can be convincing. I have good documentation from at least 6 of the 7 years I worked for my company. Will attorneys ever accept houses as collateral, and work contingently until we win? I'm a 57 year old single mom, and now have my daughter and grandson, age 2 living with me. She helps, but doesn't make a whole lot of money. Baby boy is pretty neat--we just pulled him out of a daycare that lots of people like, but I didn't. The licensee got busted for having 18 kids and one caregiver, and some other stuff. I was suspicious of some stuff there, so my daughter and I found a daycare where the lady is only going to take 5 little ones, and she homeschooled(s) all of her kids. He's just too little to be left in a situation like he was. I'm SOOO busy with all of this st
francisco
 
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Home owners insurance question:?

Postby therron57 » Mon Apr 04, 2011 3:40 am

First of all, if you own the house, the legal exit thing is bogus - that's only for TENANTS, not for OWNERS. Second, they don't pay for a hotel if your house is livable - which it is. STay out of the kitchen, and keep the baby out of the kitchen. Voila! No plaster on the baby's head.

Call the agent, to ask if you have replacement insurance. If you have it, it says on the policy, AND, there's a dollar amount next to it. You pay extra for that.

But your WIRING issue isn't going to be covered. That wasn't caused by the water, that's just OLD and needs to be upgraded.

You have to go through the yellow pages to find a lawyer, but if you can't get one locally to take your case on contingency, (and I can't figure out who you want to sue, or for what), that means you don't have much of a case.

Do you have EQUITY in your house? How much is it worth? If your house isn't worth much, or you have no equity in it, they're not going to want to take over the house - they'd have to evict you, pay to fix the damages, and then try to sell it to get their money. More hassle than it's worth.
therron57
 
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Home owners insurance question:?

Postby akule76 » Mon Apr 04, 2011 3:43 am

Just get a few more repair estimates, and submit them to your insurance company.

I feel sorry for your adjuster, and anybody else that deals with you.
akule76
 
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