Can i file a claim and not get the work done?

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PostPosted: Thu May 03, 2012 5:02 pm   Post subject:   

Quote:
I just want to make sure that I won't get in legal trouble over this. (I am also wondering if the home inspector could see that claim and so just automatically put down that there was hail damage). What will happen when her insurance company sees that a claim was filed, but the repairs not completed? Does that obligate me to get the roof done before the sale?


Legal trouble? No. You are not required to repair your property unless you want to collect the full replacement cost. When the insurance company writes a check for your damage, they are honoring the contract -- Actual Cash Value. Replacement Cost is over and above that, but only when a replacement actually occurs.



Not sure how the home inspector has access to the CLUE system, but that's a clearing house for insurance claims (like a credit reporting agency).



The only thing that obligates you to completing any necessary roof repairs is your agreement with the buyer. Either you complete the repairs at your expense to make the sale at the negotiated price, or you deduct the cost of the repairs from the sale price and leave it up to the buyer to make the repairs. Same money either way. You just have to agree on the cost of the repairs if you are going to deduct that from the sale price of the property.



If you agree to make the repairs, escrow will not close until those are completed. Pretty simple. You have no problems that cannot be worked out between you and the buyer.


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PostPosted: Fri May 04, 2012 7:07 am   Post subject:   

Most states have a blurb in insurance law that insurance is not to be used as a means to profit from claims payment. If you don't fix roof or at least address damage portion then guess what...insurance company can non renew on basis of 'existing damage' and thus you are uninsurable for many companies. It can be a catchy situation and then you may be stuck! [Link removed - Admin]

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PostPosted: Thu May 17, 2012 5:25 am   Post subject: Can i file a claim and not get the work done?  

The insurance company could care less.They paid you for the repair were necessary. you should be claim on insurance company..

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PostPosted: Fri May 18, 2012 7:57 pm   Post subject: Hail damage question  

We filed a claim on our homeowners insurance for hail damange as well. Some of the items the adjuster listed we do not want to get fixed. Our insurance company requires us to send in invoices or receipts when the work is completed. So, what if we don't send in invoices for the things we don't want fixed? Do we still keep the money? or will they call us asking for more invoices?


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PostPosted: Tue May 22, 2012 12:52 am   Post subject:   

You may fix or not fix anything you choose. In order to recover "depreciation" under the "replacement cost" coverage, you actually have to replace the damaged item(s) of greater value.



Although your claim is taken as a whole, each of the component parts has a separate replacement cost value, so reimbursement is on an item-by-item basis.



If you received a payment from the insurance company, it was for the ACTUAL CASH VALUE of your loss (replacement cost minus depreciation). That money is yours, whether you make repairs or not. You cannot claim that same damage was made worse in a subsequent claim and expect to be paid for all of the damages (including all old damages).



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PostPosted: Wed Jun 13, 2012 12:47 pm   Post subject:   

We just sold our house. Before the sale, the realtor advised us to have the roof checked out. I had a roofer come and look at the roof, and he found hail damage, and said we needed a new roof. So we filed a claim with the insurance company, and an adjuster came out and agreed with the roofer that we had damage, and we were covered, minus $1,000 deductible. We just received our first check, for a portion of the total cost of the roof. Check was made out to just me and my wife only.



In the meantime, we sell the home, have an inspection, and the roof passes inspection, needing only to replace some shingles.



Since we are selling and we are not required to replace the whole roof according to the inspection, can we just simply cash the check and move on?


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PostPosted: Wed Jun 13, 2012 2:56 pm   Post subject:   

Quote:
In the meantime, we sell the home, have an inspection, and the roof passes inspection, needing only to replace some shingles.



Since we are selling and we are not required to replace the whole roof according to the inspection, can we just simply cash the check and move on?


You don't mention what state you are in, but most state's laws require full and complete disclosure of such situations.



Obviously the home inspector was incapable of making a proper inspection -- but that won't limit your liability because you KNOW there is a problem. You will only compound the problem by not repairing the roof, and may be leaving yourself open to a civil suit for any damages that later result, including damage to personal property, and injuries to persons -- and for those damages you will probably not have $0.01 of insurance coverage because you failed to disclose or fix a known construction defect.



FIX THE ROOF as you would if you were still living in the home. It's the proper thing to do.


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PostPosted: Tue Jul 24, 2012 7:03 pm   Post subject: Name on Check  

I had hail damage to my car, roof and siding on the Fourth of July. I already got the check for the car. The inspector did not even look at my house yet. I had a contractor look at the roof and siding in which he found damage on both. I have an appointment on 8/7 with the adjuster who said that he would write out the check right there on the spot. I plan on fixing the roof, but not the siding since it still looks ok. I am concerned that the insurance company will make the check out to myself and the mortgage company since that is what they did with my car check. I need the extra money to pay some outstanding bills. How can this work out?


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PostPosted: Wed Jul 25, 2012 12:04 am   Post subject:   

Quote:
How can this work out?
If the insurance company puts your mortgage company on the check then they have done everything correct. At that point you'd need to discuss it with your mortgage company. I doubt they are going to let you apply the money elsewhere as they want to protect their investment.


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PostPosted: Wed Aug 01, 2012 12:00 pm   Post subject: Someone may be useing my companys name.  

My partner has recently put in a quote for an insurance clame. To remove ceramic tiles from a kitchen floor of his nan property. He is a self emplyed buildrer by trade. He just found out that an other family member has done the job possibly using his companys name. How would i go about finding out if this has happend without directly asking his family. And is this alloweed to be done if it is the case. I would very much appreceate your help.,


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PostPosted: Wed Aug 15, 2012 3:21 am   Post subject: hail damage and my bank cashed the check  

i had hail damage and siding damage and my insurance sent an estimator out and they cut me a check. I took it to my bank and they deposited it into my account. I haven't worked in a year due to a work related injury, so i fixed the siding and my deck myself and spent the rest of the money on things i needed and bills i was behind on. the bank that holds the lean on my house called and said i shouldn't have cashed the check without their endorsement. I have never filed a claim and this is my first house. I figured i would get the roof done when my comp payments start again. Or when i get a settlement for my knee. I'm on light duty and my work has no light duty to offer. So comp cut me off until my lawyer provided documentation of my employer not having a position for light duty. Im a construction worker. So now my bank says i owe the money back for not getting the roof done. They cashed the check and the bank it was wrote on paid it. I was then made aware that the check was made out to me and the lien holding bank. I didn't realize i was doing anything wrong. My best friend said he would do the roof but he is so busy that it would be a few months or so before he could get to it. he looked at my roof and said it looked fine. So my question is: my bank is pressuring me to repay the money because they cashed the check without the lien holding banks endorsement.Do i have to pay them for their mistake?

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PostPosted: Sat Oct 06, 2012 5:18 pm   Post subject: work done on home after hail storm  

am i tied down to one contractor to have repairs done after a hail storm


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PostPosted: Sun Oct 07, 2012 3:52 am   Post subject:   

If you are asking whether you must use the contractor the insurance company prefers, the answer is no. If you are asking whether you can change contractors in the middle of a job, the answer is maybe. Your contract with Contractor A may include a termination penalty. That's not an ironclad provision, and it might not hold up in court if the contractor was not providing quality work.



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PostPosted: Wed Nov 14, 2012 2:26 am   Post subject: i was paid by the insurance to fix the whole roof, but. i on  

The insurance company sent an appraiser and not knowing I was home pretended to check the roof. But he did tell the insurance that we needed to repair the whole roof. So we received the first part of the money and got three contractors to look at the roof and all three said it only needed patch work. I live in Texas so there's no snow rain damage. Just a little bit of hail damage and some old shingles ripped off from the winds. So we did want the insurance paid for and fixed what needed to be fixed. Was it fraud since we didn't fix the entire roof with money?


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PostPosted: Wed Nov 14, 2012 1:40 pm   Post subject:   

Quote:
So we did want the insurance paid for and fixed what needed to be fixed. Was it fraud since we didn't fix the entire roof with money?


It's no fraud... as you did not inflate any bills. The insurance company gave you what they felt the claim was worth. It's not your fault they paid too much. An insurance company could have given you a million dollars... you can't be faulted for their error. At least, it's a simple difference in opinions as to what should have been repaired.



If you had asked someone to inflate their bill and given that to the insurance company to be paid.. .then yes, that could be considered fraud. But even that is done all of the time.
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