driver hit my house, her insurance has paid claim minus depr

Message Author
ampm-bookmark
delicious-small Add to delicious
yahoomyweb-small Add to YahooMyWeb
blinklist-small Add to BlinkList
PostPosted: Sat Sep 26, 2009 4:54 pm   Post subject:   

Quote:
You would have to show how putting up new siding on only a portion of the house increased the overall value of the property in order to assign the owner to place their own equity in the repair from damages resulting of the negligence of the at fault party.





Thats why many times it is listed as a repair when you are only doing parts of siding and a few studs with no depreciation taken. Some adjusters and carriers don't look at this with common sense. When there is limited damage it should be a repair with no depreciation. Now if the driver drove in the kitchen and the OP was getting brand new cabinets and appliances that were 20 years old, then it should be taken.



What is owed is what is owed by law. Would you prefer that old lumber, 20 year old carpet with the original stains, and washed out siding is found at a junk dealer and then installed.


_________________

Can I say I’m working if I stare blankly at my computer all day?
Dasfuk
Senior member
Leave a quick message

Dasfuk

Joined: 27 Feb 2008
Posts: 606

Location: Ohio
24.95 Dollars($)

PostPosted: Sat Sep 26, 2009 6:14 pm   Post subject:   

You're still looking at it from the insurance perspective. No one has shown any statutory evidence that a damaged party (victim of a tort) is bound by the terms and conditions (depreciation) of the contract of insurance that the home owner is not a party to. If the homeowner gets new cabinents because the insurer does not want the liability of locating and restoring the damage with used cabinetry, the homeowner should not be penalized, if all that is available is new, in your example.



I'd bet a dollar to a donut that a judge would not require the homeowner to be inconvenienced or out a single penny to be made whole as a result of damages resulting from the tort feasor even if they were put in a better position after the damages. The homeowner could have been happy as a clam to not have to had filed a claim to begin with.



_________________

If you can't find the time to do it right, how will you ever find the time to do it over.
MikeoftheOzarks
Senior member
Leave a quick message



Joined: 10 Feb 2008
Posts: 605

Location: in the missouri ozarks
193.97 Dollars($)

PostPosted: Sat Sep 26, 2009 7:07 pm   Post subject:   

Dasfuk,



I know, I know. this bantering is starting to get old, but...



Quote:
What is owed is what is owed by law. Would you prefer that old lumber, 20 year old carpet with the original stains, and washed out siding is found at a junk dealer and then installed.




Yep..! --- & --- Nope..!



As long at its 'at least' equal to what it was before it was damaged.



You see... not everyone has ""20 year old carpet with the original stains, and washed out siding"" in/on their 20 year old home.



I too can play the scenario game to make a point .. There are couples without children or pets that actually have door casings that have not been used as scratching posts & fire hydrants. Never a Crayon, Magic marker, Nor Tricycle wheel had ever touched a wall or appliance. The entire Home is spotlessly cleaned inside and out on a regular basis. And the carpets are only two years old without a stain (or even a piece of lint]



Sooo, If one would rather pay the cost of Hotel or other accommodation while they search Flee-Markets, Yard Sales, and used Appliance/ building suppliers for a year or two, trying to find replacements that are at least equal to what was damaged. Instead of saving money paying the full cost of repairing with new, like most any reasonable person would do or expect... then, go for it......


_________________

.

.



That's my 2¢ worth for now. ( maybe ± a couple ¢ ) Smile



FK,
FK
Senior member
Leave a quick message

FK

Joined: 10 Feb 2008
Posts: 290

Location: Pa.
41.08 Dollars($)

PostPosted: Sat Sep 26, 2009 11:51 pm   Post subject:   

I'd take a piece of twenty year old straight lumber any day over the pre- arched pre-cut studs and twisted green lumber they sell today. Who says new is always better. Heckfire, I'd take lumber from a collapsed seventy-five year old barn, but you'd have to pay more for that since it is considered rough old and seasoned just like me and Fred. Laughing



_________________

If you can't find the time to do it right, how will you ever find the time to do it over.
MikeoftheOzarks
Senior member
Leave a quick message



Joined: 10 Feb 2008
Posts: 605

Location: in the missouri ozarks
193.97 Dollars($)

PostPosted: Sun Sep 27, 2009 4:34 pm   Post subject:   

Your right Mike,



That reminded me of an aprox. 80 year old building in our small town that was recently torn down. It was a two story building and the exterior wall studs were 20 foot long 2 x 4's, with hardly a knot hole in any of them. And very, very straight. But... ya know what... with this new information they will now still want to add an $1000 betterment charge for new lumber or a $2000 betterment charge for old virgin lumber. We just can't win. Smile



_________________

.

.



That's my 2¢ worth for now. ( maybe ± a couple ¢ ) Smile



FK,
FK
Senior member
Leave a quick message

FK

Joined: 10 Feb 2008
Posts: 290

Location: Pa.
41.08 Dollars($)

All times are GMT
 Previous  1, 2
Page 2 of 2


Get free auto insurance quote
State Auto Insurance Laws in USA

USA Auto Insurance laws
Ask Community Experts

flash plugin

Quick Links

Must See

Community

Hot topics in forums

Latest in blogs

AmPmInsure on Facebook



Page loaded in 0.228 seconds.