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

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PostPosted: Fri Jan 11, 2013 2:09 pm   Post subject: A Lot Of Wrong Answes Here  

You are correct when you say that the insurance could care less if the repairs are done or not. They paid ACV amount (actual Cash Value) and if you don't get the repairs made, they will not pay the recoverable depreciation.



You should be more concerned about the Insurance Commission. It is illegal for a homeowner to profit from a insurance claim. Period. and here in Texas, 1 out of 3 claims are being audited. People, just do the right thing and quit trying to find ways to justify theft


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anonymous2013
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PostPosted: Fri Jan 11, 2013 10:03 pm   Post subject:   

Collecting on a claim and not using the money to repair the established damage does not result in a "profit" to the insured. It is not fraud and no one can be prosecuted for that. Not in Texas or any other state.



Fraud involves an intent to deceive. That element is missing here.



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PostPosted: Thu Jan 17, 2013 2:52 am   Post subject: Home  

On sandy strom we had problems in my home I claim my insurance I sand all estimate now the pepper I send to Adjester on that' paper I chose contracter and now I don't like that contracter so what shoud I do they send me some money to start work but I don't like contractor may I go another person


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PostPosted: Thu Jan 17, 2013 7:38 am   Post subject:   

It depends on what contract you have with the contractor. If you cancel a construction contract, you may be responsible for paying some damages to the contractor for lost work opportunities. But this is America . . . you can do whatever you want.



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PostPosted: Fri Jan 18, 2013 1:21 am   Post subject: insurance check  

I filed bankrupcy a year ago and moved out of my house after the storm Sandy. We had roof damage. My homeowners insurance just sent us a check, in my husband and my name.



Do we have to repair this roof.


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PostPosted: Fri Jan 18, 2013 1:41 am   Post subject: homeowners insurance check  

I filed bankrupcy a year ago and moved out of my house after the storm Sandy. We had roof damage. My homeowners insurance just sent us a check, in my husband and my name.



Do we have to repair this roof.

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PostPosted: Fri Jan 18, 2013 2:16 am   Post subject:   

Well, who does the home belong to now? If it was a foreclosure, you can probably keep the money. But it was intended to pay for the repairs, so you should pass it along to the person (lender or purchaser) who had to pay to fix the roof. That's the "RIGHT" thing to do.



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PostPosted: Tue Jul 09, 2013 9:37 pm   Post subject: Insurance proceeds  

I have a claim on my house. The damage has been repaired about 90%. My lender has to endorse the last check from insurance company. There are several thousand dollars left over. As the homeowner, can I legally keep the remaining money if all the repairs are complete? Keep in mind I have put hours of my labor and my own money for the repairs as well.



And lastly, can a lender refuse to give me the money?


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PostPosted: Tue Jul 09, 2013 10:47 pm   Post subject:   

Quote:
can a lender refuse to give me the money?
Let's start with this one first. As long as you are not in default in your mortgage payments, the lender has no entitlement to the proceeds. It has the right to withhold the money to force the repairs only if your loan contract makes such a provision. Have you read your loan documents to see about that?



Quote:
can I legally keep the remaining money if all the repairs are complete? Keep in mind I have put hours of my labor and my own money for the repairs as well.
Your own labor hours cannot be valued more highly than a skilled craftsman. Having said that, if your construction is complete, and all bills have been paid, unless you are in default as stated above, the money is yours to do with as you please.



What you cannot do is press a claim for damages beyond the amount that has already been paid if you have not incurred any expense beyond that amount. That would be insurance fraud (filing a false claim) and could land you in state prison for up to five years in most states.


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PostPosted: Wed Jul 10, 2013 12:59 pm   Post subject: RE: Insurance proceeds  

That is very informative. I will check my documents and I hope the section that applies is very obvious to find.



Also, I would like to add that my claim was handled through a public adjuster. I never even spoke one word to my insurance company. The PA did all the negotiations that I am paying them for... 10% of claim funds.


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PostPosted: Wed Jul 10, 2013 3:49 pm   Post subject:   

Quote:
my claim was handled through a public adjuster
My question is why would you choose this as your initial means of dealing with an insurance claim? While Public Adjusters perform a valuable service, they, like attorneys, should only be brought into the claims process if you find yourself at an impasse with the insurance company in the resolution of your claim.



From what you've said, you simply gave someone else 10% of your recovery for something you probably could have done on your own. If the PA cannot get you at least 11% more than you could have gotten on your own, you have lost money in the process.



You can probably thank all the attorneys who advertise in a way that leads people to believe insurance companies are out to rip them off when a claim occurs. This is just not true. Do problems happen? Of course, but often they are the result of people who don't know what their insurance covers because they've never read their policies. Attorneys and Public Adjusters cannot overcome what the contract states, unless the contract is ambiguous.


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PostPosted: Wed Jul 10, 2013 6:24 pm   Post subject:   

Yes, I understand that problem. It was my first and only claim and hopefully my last. My neighbor suggested I retain a PA because they said insurance companies do not want to pay claims.

I know now this may be untrue, but at the time of the damage I was upset. I was also told by the PA, that if I placed the claim on my own and said the wrong thing.... It would be too late to hire the PA afterwards.



But in my case, I will still have funds left over and just want to know how to make sure the bank releases them all to me.


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PostPosted: Wed Jul 10, 2013 10:57 pm   Post subject:   

Quote:
My neighbor suggested I retain a PA because they said insurance companies do not want to pay claims.


A general rule of thumb: Don't take advice from someone more messed up than you are.



Unfortunately, you cannot collect the 10% from your meddling neighbor.



Quote:
just want to know how to make sure the bank releases them all to me.
Just ask them what they need. Sometimes it's simply a final invoice from a contractor, a sign off by a building inspector, or your certification that the claim is complete.


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PostPosted: Thu Jul 11, 2013 1:42 am   Post subject: Am I legal bonding with the storm chaser?  

I live in PA and recently my house suffered from hail damage. I have a large deductible ($4k) and I filed my insurance claim. The insurance company sent out one contractor and one adjuster to assess the damage. The contractor's assessment (the day before yesterday) was about $5k damage and only one side of siding needs to be replaced (no roof damage). Yesterday, a storm chaser convinced me that he should talk to the adjuster on my behalf and argue for replacing at least half of the roof. My adjuster came today and inspected the damage. The storm chaser and the adjuster talked and inspected our roof together. The adjuster eventually agreed to recommend to replace one side of the siding and half a roof, and possibly for the entire roof.



I have not signed any contract with the storm chaser. He said he is doing this for free for now and hoping that his crew can get the job if the insurance can pay for the siding and the entire roof. We pay him whatever we get from the insurance company (i.e., he will absorb the deductible). Is this insurance fraud? Am I legally bonded to this storm chaser? Are there any potential legal issues I need to be aware? Thank you very much. I am really nervous and regretted for agreeing the storm chaser talking to the adjuster. Please help!


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PostPosted: Thu Jul 11, 2013 10:13 am   Post subject:   

Quote:
Is this insurance fraud?
There is no fraud unless someone is intending to submit a false claim.



Quote:
Am I legally bonded to this storm chaser?
You have no obligation to use the "storm chaser" unless you signed some sort of contract to have construction work performed. If the Adjuster has given you the OK to replace half of the roof and one wall of siding, and you do not yet have a contract with anyone, it is in your best interest to interview additional contractors and obtain estimates for the work -- and obtain referrals from past customers and check them out. Make sure anyone you hire is licensed by the state, and has both liability and workers' compensation insurance.



Quote:
Are there any potential legal issues I need to be aware?
Just the usual stuff that comes along when you hire the wrong contractor and the work is shoddy and unprofessional Your insurance company has no obligation to pay to replace the work of someone it did not provide to you.



Quote:
I am really nervous and regretted for agreeing the storm chaser talking to the adjuster.
How soon after the storm did this fellow come along? Here in CA, we have laws that prohibit such persons from coming into a "disaster area" too soon after the event, for just this reason. PA may have similar laws. You have not created any problems for yourself unless you signed a construction contract.


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CA-licensed Life & Disability Analyst. CA Insurance Lic #0596197. Also investigating insurance company abuses, and providing litigation support/expert witness services. Send me your questions, and I'll send you my answers.
MaxHerr
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