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

by Guest » Sat Nov 06, 2010 04:53 pm
Guest

I have filed an insurance claim for Hail damage for roof. The adjuster came in and processed the claim. I got a check for Roof Repair cost - Deductible - Depreciation adjustment. I was told by the insurance company that i can get the depreciation adjustment amount reimbursed when i get the work completed and provide them proof of work completion.

Now i had called couple of contractors and they looked at my roof and they said there is hail damage signs on the roof but my roof doesn't need to be necessarily replaced.

So now my questin is can i keep the money without getting the work done? :?:
Since i wont provide any proof of work completion and request for reimbursement of depreciation adjustment amount from my insurance company will my company close the claim after 180 days or will they come behind me to get the work completed?

Total Comments: 93

Posted: Thu Apr 10, 2014 04:15 am Post Subject:

If contractor claims I still owe money for siding can he take off new siding

Sure . . . knowing that you will then be able to sue him, if that's what he wants to have happen. Generally, the answer is NO. If there is a dispute as to payment for services rendered needs to be decided by a judge, jury, or arbitrator.

In matters involving construction, however, the contractor needs to first file a "mechanic's lien" against the property. That must usually be done within 2-3 weeks of performing the work, and if not, then the contractor cannot claim a lien. He can still sue for the unpaid balance. A lien must be satisfied before a property can be sold, refinanced, or otherwise disposed of, which is why it is a powerful tool -- a lien will not be released without $$ or bling in exchange for the release.

Posted: Fri Sep 05, 2014 09:52 pm Post Subject:

I had damage in my basement. I put insurance claim I got paid with a check from the insurance company but I needed the endorsement of my bank which is chase I went to chase and they will not endorse it because I'm in the process of going through a modification with them what can I do.

Posted: Mon Sep 08, 2014 03:27 pm Post Subject:

You can file a complaint with the Dept of Insurance. The bank has no right to withhold endorsement of the check unless your loan requires you to first complete the repairs (which is not unusual).

Posted: Tue Sep 09, 2014 01:23 am Post Subject: "Roof Representation Agreement" and another questi

All of my neighbors were getting new roofs and getting them covered by insurance. ("hail damage") There was a roofing company going around advertising their services. I called them, they met with my adjuster, and it turns out, my insurance company will cover my new roof. I have a very high deductible. (4k) The roofing company gave me an estimate of around 7k. I signed a "Roof Representation Agreement" with them, not really knowing that I might be able to find other contractors to get the job don cheaper.
Do I have to use this company now? I have not contacted them since they came out for the estimate. It has almost been 2 months.

My 2nd question is...If I were to sell the house, what would happen if I didn't replace the roof? There are no leaks. The roof is about 20 years old now and is nearing the time for replacement.
The check is made out to me and my mortgage company. It's for about $2300. What happens to that money?
Thanks.

Posted: Tue Sep 09, 2014 10:38 am Post Subject:

Do I have to use this company now? I have not contacted them since they came out for the estimate. It has almost been 2 months.

This "Roof Representation Agreement" is likely to be a contract of sorts. What does it say?

If I were to sell the house, what would happen if I didn't replace the roof? There are no leaks. The roof is about 20 years old now and is nearing the time for replacement.

If there is nothing wrong with the roof, why did you file a claim? That is something called INSURANCE FRAUD -- a felony.

The check is made out to me and my mortgage company. It's for about $2300. What happens to that money?

Nothing until the check is endorsed by the lender so it may be cashed. If you sign for the lender, that, too is a felony, called FORGERY.

Sounds to me like you were simply riding the INSURANCE FRAUD BANDWAGON along with your neighbors and the roofing company. That's one of the reasons why so many of us pay inflated premiums for our own insurance.

Posted: Tue Sep 09, 2014 09:22 pm Post Subject: reply to above....

Ok, sorry. I was not clear in my first post. My roof DID have leaks, but they have since been repaired. A guy came out about 9 months ago to replace the flashing near the chimney and my bedroom window. I was getting water damage into the house. So, I was not trying to defraud anyone. As it turned out, when they inspected the roof, they found hail damage. The insurance adjuster was up there and deemed that my roof needed replacing. So it was not me trying to misrepresent anything.
Ok, so now that that issue is cleared up. There is the matter of this contract thing. It says:
"This agreement is contingent on customer' insurance carrier's approval and payment for roof replacement at a rate agreed upon b/w "......roofing co." and your ins. carrier. If your claim is denied or receive less than full replacement value, this document is void.
I give permission to "roofing co." to negotiate the cost and extent of the replacement to my property with my insurance co. "Roofing Co. " agrees to do said replacement at prices determined by my insurance co. Any upgraded material is charged in addition. Any supplements provided by my ins. co are to be paid to "roofing co." in addition to the original contract amount."
That is just paragraph one that I initialed. There is sooooo much more.
Can you help decipher this?
No one has contacted me about it all....for almost 2 months.
Thanks.

Posted: Tue Sep 09, 2014 11:15 pm Post Subject:

You can send me a copy of the document for my review. Click on the email link and send a clear copy of the entire document.
Do you know if the insurance company paid any money to the roofing contractor? If not, then you are probably within your rights to hire someone else and consider the existing agreement "abandoned." But try to send me a copy of the agreement first.
As far as the check is concerned, you can send that to the lender now for their endorsement. Do not sign it yourself until it has been returned to you.

Posted: Mon Jan 05, 2015 01:09 am Post Subject: hail storm replace roof

Hi
I have a question...I bought a home in 2010 on a land contract. In April 2014 we had a bad hail storm. Let me notes I never filed a claim in the 3 yrs I lived there. the insurance company issued me a check to have the roof repaired. Note I paid all my premiums. I had some life altering changes in my life and after the person I had the land contract with had me sign over the check to him and we had a mutual agreement to sign over the contract. In Oct 2014 the house repairs was not completed due to heavy damage in the area. The person I had land contract with agreed if there was money left over after repairs were completed he would send it to me.On good faith I trusted him. I found out the repairs was finished and he just let me know he used it to buy appliances and paint inside. Nothing to do with storm and there was nothing left. Is this right and can I do anything to get my money back on a policy I paid?? I have a total of over 2,000 left. When does a landlord have the right to use the money to buy things he is responsible for.I feel so run over!and betrayed also heard when I moved he took out a separate claim and received another check for damages.....Help..

Posted: Mon Jan 05, 2015 01:32 am Post Subject: please help...

Is this right for someone to do??

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