The car is a 2006 Ford Fusion and it has 45,000, miles on it. They have informed me after changing the fluids in the car it starts and runs just fine. So the insurance wants the Ford dealer to do up the estimate on repairing it. I still owe about $17,000 on this car and I am afraid problems will arise later from this I also do not want a car title saying flood damaged or water damaged. This will hurt the value of my car if I ever needed to sell it or trade it in. Also I have the extended warranty service which I am sure after this they would not want to cover and mechanical problems that might later arise. I would like to know how I should handle this. I am really nervous about taking a chance on hidden damage.
Linda,
Kentucky

On February 2 I was notified by the neighbor that water was flowing out from under the front door threshold as well as from the garage onto the front porch and driveway. I immediately called a local friend to shut off the water to the house and had him enter the property whereupon he could see extensive water damage to the interior including buckled hardwood flooring, soaked carpeting, fallen ceilings and drywall and warped vinyl flooring. The water had apparently been leaking for some time but had gone unnoticed due to snow and rain on the driveways, etc. After having the water, gas and electric service turned off to forestall further damage because of all the water in the walls and fixtures, and since the weather was somewhat mild (above freezing even overnight), I arranged to fly to Boise within the next few days. Meanwhile, I contacted my insurance company and reported the incident to them. Upon arrival in the area and visually assesing the damage, it appears that possibly a water supply line to one of the upstairs bathrooms, or perhaps an angle stop valve may have failed either due to freezing or some other reason. There are many vacant homes in the area due to this rough economy and I have not determined whether or not other owners have had issues like this. My question is this; Since my insurance company will probably try to balk at paying my claim, insisting cause of damage (still undetermined) is not covered, what reasonable steps should I undertake (or avoid) to determine the cause and commence removal of soaked carpets, drywall and flooring materials (to stop further damage) while waiting for the adjuster to make his inspection --which might take weeks, I am told? I don't want to hurt my position re: my claim by disturbing the scene of damage, but neither do I want to allow things to get worse due to inaction.
Thanks,
Rick -Idaho

Answer:
Ron,
The vast majority of Home Owners policies do have Replacement Cost on the building, which means you ARE entitled to recover the depreciation withheld, if you spent more than they paid you so far. You may also have Replacement Cost coverage on Contents depending on your Policy form and Endorsements.

Call your Insurance company as soon as possible regarding the additional payments for depreciation. Sometimes there is a deadline for making this request but I know it was extended many times for Katrina claims. Be prepared to document what's been done; receipts, photos, contractors invoices, etc.

Did the insurance companies estimate (including the depreciation) match the amounts you've spent on repairs so far? How has the entire experience gone? We've heard lots of horror stories and a few good ones.

Let me know if you have any other questions,
Scott back

The neighbor has lost other shutters in the past for similar reasons - they do not appear to have been mounted correctly by the builder. the neighbor acknowledges the faulty installation, and the fact it's his shutters, but his insurance company is claiming 'Act of God', and will not pay. Our insurance will cover the damages, but I'll be out the deductable. Does this seem right? Shouldn't I be able to recoup the loss of the deductable? Thanks...
Rob - Virginia Answer:
Rob,
Yes, an "act of God" like strong winds will keep your neighbor and his insurance company from having any liability for the damages. You are stuck with your own auto policy coverage and it's Comprehensive deductible.

Since the past occurrences also involved winds you really can't do much. If the shutters are truly installed incorrectly then the neighbor should get the builder to correct or re-install them. I imagine the builder will blame "act of God" also.

Sorry I don't have a better answer for you,
Scott back

Furthermore, if the same homeowner who had the fire, decides not to replace something exactly as it was, but instead decides to do something else with that money, and there is no money owed at the time, and no change order signed, can the contractor later (at the end of the job) come back and say that there is money now owed? For example, scope says $33 per yard carpet, insured choses $16 a yard carpet, and then uses a portion of remaining balance to upgrade kitchen countertops.

Is the Insurance Adjuster responsible for overseeing the contractor and that the job is done to the homeowner's satisfaction? Or, is the Adjuster to only write a scope of work to be done and to pay out the contractor draws? I would like a somewhat detailed description of what the adjuster is to do.

Thank you for your time. Once I've received answers to these questions, I will probably have more. I look forward to your response.
Stephanie -Missouri

Our latest tenants did not have renters insurance but set their house on fire while we were out one day. The entire home, both halves, is condemned and hopefully for awhile : )

The fire started in the kitchen and at first they thought it was the gradma and the stove as she was home alone and not all there if you know what I mean. Now they are saying it was accidental and it was the floresent lighting in the kitchen that caught fire??

The damage to our house was the entire siding on that side of our house from the heat was melted away (not through the insulation) and a part of the roof on that side.

Turns out after all is said and done we are told to pay $1400 out of pocket after our home owners insurance puts in part? How does this when it was not our fault and it was this slumlords residence fall on us? shouldn't it all be on him and his insurance company? I am very confused in all this. Please help.
Angela
Pennsylvania

ANSWER

Angela,
Where did the $1,400 figure come from? Is that your deductible? Do you know if you have Replacement Cost Coverage on your policy?

$1,400 seems like an odd amount for a deductible, they are usually $500, $1,000, etc. So I suspect that some of it is depreciation which you should get back when repairs are made (most Homeowner polices are Replacement Cost on the home).

Your insurance should pay for replacing the siding and any related trim items (window wraps, soffit, fascia) on that side of the house. What kind of siding is it? Will the other sides of the home look okay? Insurance policies don't cover matching but some states force them to do the whole house if a reasonable match can't be made with the other siding.

They should also replace the damaged slope of the roof, the entire slope. Have a roofer look at it and make sure repairs can be done. The debris removal of any damaged items on your property would also be covered.

Your insurance company would attempt to recover (or subrogate) their money from the owner of the neighboring house (or the owners insurance company) if the fire could be considered due to negligence, or someone found liable. They would also try to recover your deductible if this was the case and eventually reimburse you for that. If it was caused by wiring it is very unlikely that any liability could be established so you are probably out of luck there.

If you want to provide any more details I will be glad to respond again.
Good luck,
Scott
AskTheAdjuster.com - back

ANSWER

Kyle,
Hail damage to your car is covered by your Comprehensive Auto policy. I would go ahead and call in the claim to the claims line or your agent.

They will want to know where and when the damage happened, especially since you were traveling and there may not have been any hail near your home. They will verify there was hail in the area and date you report. That should be the only question regarding coverage.

I would go ahead and get an estimate from your dealer's body shop. Depending on the age and value of your car it could even be considered totaled. The insurance company may make their own estimate as well but it's always good to get your own.

I can't answer the question about your rates going up. Generally a comprehensive claim, especially for a weather event like hail, should not affect rates. You can ask your agent, they should have a better idea on the effect of this type of claim.
Good luck,
Scott
AskTheAdjuster.com- back

He estimated $2,400. Bids received for new roof is $5,000. My ? is why don't they pay for the whole roof, I don't want my roof to look like a patch worked quilt to only do half, I can't afford to have the whole thing done. I do understand there is depreciation and my deductable.
Judy
Oklahoma
ANSWER

Judy,
The deductible would be the only amount subtracted. The depreciation should not matter, most Homeowners policies cover Replacement Cost for the roof. If they replace the whole roof, they may withhold the depreciation until the work is done but you should get it back. If they persist in only repairing the roof they should not depreciate at all.

How many total sections are there on your roof? Are there other "slopes" or sections (adjacent to the 3 sections) that are visible from the street? If so you can argue that the roof will look awful and devalue the home. Insurance polices do not cover matching, only damage, but most companies will replace adjacent slopes visible from the same angle.

Does your roofer believe the roof can be partially replaced? You might ask for a re-inspection from the insurance company. Usually if the roof is over 50% damaged they will replace the whole thing, yours is pretty close. Let us know if you have any further questions.
Good luck, Scott
AskTheAdjuster .com - back

ANSWER

Denise,
I believe that is, or was, a common practice but not written into any policy I know of. It is up to the companies involved.

If there is no other damage only the fence and if the fence is jointly owned/shared; then each policy would be responsible for 50% of the damage. Since they are only paying for 50% of the repairs, 50% of the deductible makes sense.

The Insurance company might argue that they are paying 100% of your damage (since you only own 50% of the fence) and then want to apply 100% of your deductible.

Remember also that a fence is not eligible for Replacement Cost coverage if the entire thing is being replaced. Some companies will depreciate replacement of 1 "run" of the fence, others will call this a repair and not depreciate.

Hope that helps,
Scott
AskTheAdjuster.com - back

ANSWER

DK,
Sorry DK, but the cleanup is generally the responsibility of each property owner. It doesn't matter who's tree it was, you would take care of your yard cleanup and your neighbor theirs.

Did the tree damage anything? Like a building, fence, swing set or anything beside landscaping? Or is the tree blocking your driveway or access to your home? If so your insurance policy may help with the cleanup.

See the Q&A's on the lower portion of our home page; trees and the damage they cause is our number 1 asked question by far.

Good luck,
Scott
P.S. Be sure to check your roof for damage, if the wind was strong enough to take trees down you may lose shingles as well. - back

This means I have to have the finances available to go out and get replacement items prior to getting money from the insurance company.

I didn't buy replacement item insurance but rather, replacement coverage. Is there a way for me to fight this battle with xxx Insurance? Thanks for your help.
M
Missouri

ANSWER

M,
That is the way the policy is written, some companies waive this and pay the full Replacement Cost (RCV) payment up front. There really is no way to fight it unfortunately since it is part of you contract (policy) with the insurance company.

You can replace the items incrementally; that is replace a few of the most important items, send in your receipts and get the additional money, then replace more items. Ask the adjuster what time frame you have for the replacement, it should be 1 year from the date of your loss, or your settlement.

Also look at the depreciation percentages on the estimate, you should have an itemized estimate showing you all the items paid for and the RCV, depreciation and payment (ACV) for each item. If the percentage of depreciation seems too high you could request more money up front.

Depreciation is supposed to be based on age, condition and life expectancy of each item individually. Catastrophe adjusters are always in a hurry and sometimes just slap on general percentages.

If you are still working with the original adjuster ask him/her to reconsider the depreciation. You will be working with a desk adjuster at some point to claim the additional payments, you can work with them also to reduce the depreciation if the original adjuster is no longer available.

Good luck,
Scott
AskTheAdjuster.com------- back

ANSWER

SW,
I would have the home and contents, especially all the "soft" furnishings and building items, evaluated by cleaning professionals. The soft items include anything with cloth or other porous material such as; mattresses, couches, chairs, drapes, bedding, clothing and carpeting.

You need a fire restoration type company that has the proper training and equipment. They will be able to tell you what items are cleanable and what needs to be replaced. With your children's asthma conditions this is especially important. Let the contractor know about their condition as it may even effect the chemicals and processes they use in cleaning.

I hope you have insurance on the home and contents. The cleaning costs can be large and you will be surprised how many things will have to be replaced due to odor and soot.

We have a free on line book with lots of information on claims and contractor dealings; Claims Money Kit that may help.

Let us know if any questions come up with the claim or repairs.

Good Luck,
Scott
AskTheAdjuster.com------- back

The tree fell when it was windy. Not sure how healthy the tree was and if there are any other implications in regard to that.

We had quite a bit of rain, causing damage everywhere. I can't imagine the insurance implications, I think I should be calling a lawyer.
Please help,
John
New York

ANSWER

John,
First, unless you were out of town for months, that does not matter. It would have been nice of your neighbor to reach you and let you know what happened. I can understand that tree removal companies would not want to work on your premises without any authorization from the property owner.

Protecting the property from further loss is a policy requirement but you can't do that until you are aware of the damage. As long as you take steps now to limit further damage you should be fine. Get the hole covered to prevent further water intrusion, water is the biggest problem in these type of claims. You are authorized (required even) by your policy to make temporary/emergency repairs. Be sure to keep all receipts and take some photos first, and during, digital if possible.

The fact that it was the neighbors tree does not matter, your insurance policy should respond to the damages. I don't see that you would need a lawyer, just call in the claim to your company. You can always get a lawyer or Public Adjuster latter if needed.

You should also start to get repair estimates, you need someone to do the work anyway and the sooner you get estimates the better. This will help your claim negotiations with the adjuster as well.

Get the hole covered and the water dry out started as soon as possible you don't want to let moisture problems develop.

You can find more free information in our on line eBook; Claims Money Kit.

Let me know if any further questions or problems come up during the claim.

Good luck,
Scott
AskTheAdjuster .com------- back

So this morning my neighbor came over and told me a branch from one of trees put a hole in her roof! The tree branch is still in her roof and it went through the roof but on the outside. I do not think the interior of her house was affected but I do not know for sure. Here is the obvious question, who is responsible? I cannot tell if the branch was diseased because I haven't looked at it. But I just had all the diseased and dead parts of the trees removed. I tried to do the right thing earlier for her. Also, the tree guys said she is able to cut whatever she wants to off my trees as long as they are on her property. I told her that as well. This is so upsetting. Please let me know what you think! Thank you very kindly!!!
AU
Florida -

ANSWER

AU,
Was there any wind or weather event around the time the tree limb fell? The right weather can cause any tree to come down, or lose limbs, and it is considered an "act of God" with no liability to the tree owner.

Is it possible the tree trimmer left a limb dangling or even cut off but caught in other branches? If so, the tree companies liability policy may provide coverage. This doesn't seem likely as I imagine you or your neighbor would have noticed.

It sounds like you took all the precautions you could have. The normal procedure is to let your neighbor's insurance company handle her damage and repairs under her policy. They will notify you and your insurance company if they feel they can "subrogate", which means collect their repair costs back from your insurance policy.

Make sure to keep all your documentation from the tree work, when it was done, how much was trimmed and anything else you can document. It sounds like you did more than most neighbors would have. Many people won't cut or trim their trees unless they are really pressured by a city or county type body.

Good luck, let us know how it works out,
Scott
AskTheAdjuster.com------- back

Policy also provides for debris removal.

My question is does the removal of the hanging tree limbs fall within the fallen tree coverage. Estimates so far are between $750 and $1000.

Thanks in advance for your assistance.
MG -Oklahoma

Answer:

MG,
The standard policy does provide $1,000 coverage for the removal of trees felled by ice, BUT only if the trees damaged a covered structure or block access. I pasted a section of the typical HO policy below, note the conditions 3 & 4 that have to apply to get the coverage.

If your only damage is the dangling limbs then it sounds like you would be out of luck. The Debris Removal coverage also has conditions that would prevent coverage in this situation.

If you do have other damages or any other information to add let me know and I'll reconsider the answer.
Good luck,
Scott - AskTheAdjuster.com-- back

This week. A pipe in her unit either froze or became disconnected under the sink and flooded my unit again (same source area as before). The agent will not be clear on the cause. He again stated we both have to pay our deductable before they pay. $750 each. Why do I have to keep forking out money for damage caused by her unit. If it froze again, she knew it was possible and should have opened the cabinet or left the water dripping.

If the pipe became disconnected she should have taken care of general maintance in her unit to prevent this. Why do I have to pay if she was negligent? What can I do?
MG
Kentucky -

Answer
MG,
Condo coverages are very complex and different in every state. I'll try to give you some general advice and things to look for, feel free to send additional information and I'll try to help more.

First, I would review the Condo Association Declarations & By-Laws, look for the property insurance and maintenance sections. This should spell out the insurance responsibilities and requirements for the Association and the Unit Owners. If you do not have a copy of the Declarations ask your Condo Association President or Secretary for it, they should have been given to you when you bought the unit. You might check to see if there have been any Addendums or Revisions also.

In many states the Association is responsible for the interior of the units as well as the common areas with the Unit Owner's insurance responsible for only owner added improvements and contents.

Has the Condo Master Policy been involved or just your Unit Owner's policy and the neighbors Unit Owner's policy?

Normally I would think the loss would go under the other unit owners policy and/or the Master policy. Typically your insurance company would take care of your damages and go after the neighbor's insurance company afterwards to recover their money, including your deductible to reimburse to you. It should not matter, only make is simpler, that they are the same company.

Have you spoken to an adjuster or just the "agent"? An agent is the one you buy insurance policies from, they are usually not involved with claims at all except for reporting them initially. Ask to speak to a claims supervisor or manager and ask them to clarify coverage responsibilities. They should spell out clearly the Condo Master policy responsibilities, the Condo Unit Owners coverages and the liability factor of your neighbor.

If you don't get cooperation and good help from the adjuster call the KY Dept. of Insurance, their web site is; http://doi.ppr.ky.gov/kentucky/ and phone 800-595-6053. They can give you some advice based on the State Insurance regulations for Condo insurance and/or you can file a complaint if necessary.

Good luck & let us know how it works out,
Scott - AskTheAdjuster.com------- back

Answer:
CB,
Insurance estimates usually include O&P if there are 3 or more trades involved or if a General Contractor is being used.

Roofing is generally considered to have the O&P already built in to the roofing prices and in fact some insurance companies I have worked for make us exclude all roofing items from O&P even if we have 3 trades involved

If you co-ordinate all the work as a General Contractor then you should be entitled to charge the whole amount. If you only do the roof work then usually you would not be allowed the O&P payment (or portion) in addition.

Let me know if you have any additional questions. There is a lot of information pertaining to claims payments, contractor relations, etc. that might help you in our eBook, check out the Free version here: http://www.freebook.asktheadjuster.com.
Thanks,
Scott------- back

Answer:

NG,
It does sound like they are taking advantage of you. The insurance company cannot require you to use any specific contractor. See the following excerpt from the CA Fair Claims Practices Regulations;

Section 2695.9
---(b) No insurer shall require that the insured have the property repaired by a specific individual or entity.
---(c) No insurer shall suggest or recommend that the insured have the property repaired by a specific individual or entity unless:
--------(1) the referral is expressly requested by the claimant; or
--------(2) the claimant has been informed in writing of the right to select a repair individual or entity and the insurer shall cause the damaged property to be restored to no less than its condition prior to the loss and repaired in a manner which meets accepted trade standards for good and workmanlike construction at no additional cost to the claimant other than as stated in the policy or as otherwise allowed by these regulations.

Tell them you know your rights under the California Fair Claims Practices Regulation and will call the CA Dept of Insurance if needed to complain. Their # is 800-927-4357 or http://www.insurance.ca.gov/.

You should also check that the company they made you use is licensed, check with the Contractors State License Board www.cslb.ca.gov or call at 800-321-2752.

Any damage they caused or unacceptable work they did should be covered/corrected as part of the original claim.

Did they give you an itemized estimate from their adjuster? What basis are they using to say your person is too expensive?

They can negotiate with your contractor if they believe the price is too high, but they cannot refuse to let you use whoever you want. If they can establish that your contractor is charging above a reasonable market rate then you should still have the option of using him and paying the difference.

You may need to start dealing with a manger or supervisor if the adjuster you have been working with is not more helpful. Generally they are after threatening to involve the Insurance Commissioner!

I see you purchased our Claims Money Kit eBook already, thank you! Check the chapters on Additional Damages and Supplements. The CA state web site (link above) also has a lot of helpful information and links you might check out.

If you have any additional questions, please email me direct and I'll help out as much as I can.
Thanks,
Scott
AskTheAdjuster.com

Followup
Scott,
Thank you for your advice. I requested an itemized scope of work from both the general contractor and the adjuster and never received anything. I've been living with broken windows in the house. In order to get them ordered, I had to pay out the money and then request reimbursement from the general contractor. The only way I found out that the general contractor had the money was the window guy called the insurance agent who told them that they were funding all the money to the general contractor as soon as the claim was approved. So I don't even know what was approved or how much they got paid and for what work. To date, all they did was work on the patio cover which was deficient but at no time was I ever asked if it was to my satisifaction.

In fact, I had to provide a list of items to the contractor and the insurance adjuster to make sure we were all on the same page as to what needed to be repaired. I have been keeping track of dates, etc. The rain gutters they kept ignoring and the roof inspection and the water damage in the kitchen due to the power washers. The sub contractor who they finally brought out to bid on the rain gutters last week, was in fact the general contractor's brother, and I'm not sure who decided he was too expensive but I never saw the quote. I have never seen any dollars for any of the work performed except for the things I am paying for out of pocket.

Since reading your book I have sent a letter to the insurance company directly asking them for a settlement estimate and will call the insurance commissioner's office next week on how to proceed with this. Your book is a valuable tool and I appreciate your help.
Thanks, NG

NG,
You need to take steps to stop the Insurance company from paying the contractor direct. This sounds completely unethical to me, but I can't find any reference to this practice in the CA Fair Claims Regulations, so far. The claims payments should ALL come directly to you. If you have a mortgage holder their name may be on the check as well but that's okay. If you have a contractor doing all the work their name can also be on the check but it should still come to you and have your name on it. This is the only way you have any control or leverage over the contractor and the quality or completeness of the repairs.

Here's another excerpt from the CA Fair Claims Practices Regulations; Section 2695.9 (d) If losses are settled on the basis of a written scope and/or estimate prepared by or for the insurer, the insurer shall supply the claimant with a copy of each document upon which the settlement is based. The estimate prepared by or for the insurer shall be in accordance with applicable policy provisions, of an amount which will restore the damaged property to no less than its condition prior to the loss and which will allow for repairs to be made in a manner which meets accepted trade standards for good and workmanlike construction. The insurer shall take reasonable steps to verify that the repair or rebuilding costs utilized by the insurer or its claims agents are accurate and representative of costs in the local market area. If the claimant subsequently contends, based upon a written estimate which he or she obtains, that necessary repairs will exceed the written estimate prepared by or for the insurer, the insurer shall: (1) pay the difference between its written estimate and a higher estimate obtained by the claimant; or, (2) if requested by the claimant, promptly provide the claimant with the name of at least one repair individual or entity that will make the repairs for the amount of the written estimate. The insurer shall cause the damaged property to be restored to no less than its condition prior to the loss and which will allow for repairs in a manner which meets accepted trade standards for good and workmanlike construction at no additional cost to the claimant other than as stated in the policy or as otherwise allowed by these regulations; or, (3) reasonably adjust any written estimates prepared by the repair individual or entity of the insured's choice and provide a copy of the adjusted estimate to the claimant.

I would call the CA Ins. Dept on Monday to see if they'll help you get the direct payments to the contractor stopped. This is especially bad since you don't even know what they are figuring for your damage claim.

I would also get written estimates from your prior contractors, or a General Contractors estimate for all repairs, and present it to your insurance company for payment. See Section 2695.9 quoted above, they are required to respond.

You really want to get an independent opinion on the roof damages and leak their contractor may have caused. Don't let the water damage go too long or you'll have new problems.

Make sure you continue to make notes and document all calls, conversations, etc with the insurance company, agent, adjuster and all contractors involved. Also keep copies of everything you send or give them.

Hope this helps, let me know what develops or if you have any other questions.
Scott------- go back

ANSWER

MC,
First, it does NOT matter who's tree it was, damage to your property is covered by your policy, the neighbors damage, if any, is covered by their policy.

Check your policy declaration page first to see what your deductible is, make sure there is enough damage to justify a claim. If you have a high deductible and the damage isn't that much over it then you might consider not making a claim at all.

If the tree was obviously rotten or appeared dangerous prior to falling then your insurance company might be able to collect from the neighbor's insurance company but they would take care of your claim first. This is usually difficult to prove after the fact.

Hopefully you have Replacement Cost Coverage on your contents as well as the shed. Make sure to list everything out there and take photos.

The policy should cover; tree removal off the shed, a limited amount (usually $500) toward tree removal off the premises, repair or replacement of the shed, replacement of the contents and removal of the debris.

There is a lot more information in our Free on line book, try this link   http://freebook.asktheadjuster.com/   Let us know how it works out.

Scott
AskTheAdjuster.com
back

When I first reported the claim to ins co, they asked whether the tree was alive. I told them no. They are now refusing to pay for my damages stating that I told them the tree was in perfect health. I sent pictures of the limb and I saved the limb. The insurance company has ignored the photos and will not even look at the branch I saved. They claim they are denying solely on the basis that I told them the tree was alive. My car was parked on the company's property and the tree was also. Any advice for disputing this claim? I only want my car fixed.
Thank you

RB
From New Jersey

Answer

RB,
The majority of our questions have been about trees and tree limbs so far.

If your company does not own the building and/or parking lot there may be another policy (insurance company) you could pursue. I assume your company does own it though or they would not have even responded to your claim.

Did anyone ever notice or complain about the tree being hazardous/dangerous prior to this accident? Ask around, if the tree or any of it's branches looked like they might come down maybe someone complained. If so this would help your case immensely.

Generally a live tree limb breaking is considered an "Act of God" and the parking lot owner's insurance would not be liable. Your auto's comprehensive policy (if you had the coverage) would have paid for your damages and a rental car if needed less your deductible.

Probably your only option is to complain louder to the insurance company and hope they reconsider. Ask to speak to a manger or supervisor, offer to email the photos to them. If you can make it more trouble to deny you than to pay you maybe you'll get some action.

Hope this helps, sorry I don't have a better solution.

Scott
AskTheAdjuster.com - back

Answer
AK,

With auto claims it is best to call your insurance company and let them sort it out. They should take care of your car damage, and a rental car if needed, and then pursue the other drivers insurance company if they feel that driver was at fault and depending on your state's fault laws.

Scott,
AskTheAdjuster.com
close - go back

ANSWER

PD,
The coverage for this can vary by company and state so check your individual policy. In the standard Home Owners policy it is Section E. Additional Coverages, Item 3 Trees, Shrubs and Other Plants.

This covers trees for damage by lightning, typically up to $500 for any 1 tree. The deductible should not matter since any grown tree is worth well over $500, your deductible would be absorbed by the excess loss.

This should give you $500 toward the tree removal at least. Unfortunately, for the Debris Removal coverage (also under Additional Coverages, item 1 b.) the tree has to damage covered property before any removal expense is covered.
Good luck,
AskTheAdjuster
back

The accident happened tonight about 2 hours ago (830 pm PST). I was backing out of my driveway to turn left. My house sits on a street that run east and west. I was backing out turning my car to go west. My next door neighbors car was parked along the curb but not clear of my path. In other words, the back of her car was sticking into my driveway path. You know that part of the sidewalk that slopes down as it meets the driveway? Well, her rear tire was at that point so the rest of her car (a small 4 door Saturn sedan) was sticking into my driveway path. I have 2 cars, one that I park on the left in the garage (the car I was driving) and the other I park on the driveway on the right side of the driveway (not in the garage). Due to my other car parked on the right side of my driveway and this car that is impeding my path, I have limited room to back out. Since I'm turning left as I back out, my car hits the illegally parked car. My front driver side fender & driver door hit the corner of her bumper on the right side of her car. There is considerable damage to my car (fender and door dented in with scratches all over). I couldn't tell if there was any damage to her car, not that I looked (because I was certain it was her fault). Her friends and her looked and couldn't see any damage.

I initially thought it would be her fault since its her car that was illegally parked. I wouldn't have hit her car if it wasn't sticking into my driveway path limiting my space to back out to the left. But after talking to a friend , I'm starting to think otherwise. My friend mentioned that, had I looked back while I was reversing out, I probably would have seen the car and could have asked someone to move it. His point was that just because the car was illegally parked doesn't mean I have to hit it.

So my question is: Is it my fault for not looking back while I reversed or is it her fault for illegally parking and impeding my path? Keep in mind, that I have another car parked on the driveway that limits the room I have to back out to the left.
Thanks!
SS,
From California

ANSWER

Dear SS,
In a "no-fault" state each auto owners insurance would pay for their own damages. I don't believe CA is a no fault state though. You and your neighbor need to trade insurance information and each turn in claims to your own insurance company and let them sort it out.

Sorry, but I would think her improper, or illegal, parking was a less serious violation than your backing into her car.
Good luck,
AskTheAdjuster - back

The two estimates for the damage were $500+ and for awhile I was getting a run around. I then reported it to theproperty managment and she told me this contractor has insurance,and if he doesn't pay for the car damage, he will not get paid for replacing the fence.

My question is if the cost of fence repair is less then my car damage, who will pay for the remainder, contractor, apartment managment or if all else fail, my insurance company? ( $500 deductible )
JC,
From Indiana

ANSWER

Dear JC,
Since the contractor has insurance that should be your first option. Notify the contractor (verbally and follow up in writing) that you have damage and need his insurance information. Ask him to present the claim and give you the policy and contact information for his insurance company and adjuster. The contractors liability coverage company should work with you to get the car repaired, with no deductible to you. If the car has to be in the shop for repairs you should also claim a rental car, if you need it.

It sounds like your apartment manager may have the contractors insurance information. You could contact them directly to submit a claim if the contractor doesn't sound like he will.

If the contractor refuses, and you can't reach them yourself, advise him you will be claiming the damage on your auto policy and your insurance company will then be coming after him and his insurance company for reimbursement. This should get him moving in the right direction. A insurance company can be more threatening than an individual.
Good luck,
AskTheAdjuster
PS If you do have to go through your insurance, they should recover, and pay you back, your deductible as well.

RESULTS - Hi, I just received a check in the mail for my car damage, Thanks to my apartment property management for hanging in there and refusing to pay the contractor. - back

I am trying to determine if my Homeowners policy is a "standard ISO policy" and if the wording would afford this coverage, or if their form has been modified to limit it. The only place I can find it somewhat addressed is under ADDITIONAL COVERAGES - Debris Removal. The policy states: "We will pay your reasonable expense for the removal of: a. Debris of covered property if a Peril Insured Against that applies to the damaged property casues the loss; or....." (Further to that, the policy applies a separate coverage to trees up to $500.00 total for all trees)

In my situation- numerous trees had fallen on my "covered property", including 4 trees on a boat trailer, 3 on a boathouse, 3 on my barn, numerous on my driveway, as well as several on picnic tables, a canoe, playhouse etc. (It was a real mess!)

You can see my concern. The tree removal company walked the property over both before and after cleanup and gave an estimate to me for both the cost to "remove the trees from my covered structures" and the cost to "remove the trees from my property".

Can you give me an interpretation on this and/or advise if this is the standard ISO HO policy or where I might find that out? In my research, most sources I've found state that the "standard ISO HO policy" would respond for the removal from the structure only- but at least there is some coverage.

Thank you in advance
BT
From Vermont


ANSWER
Dear BT,
Has a adjuster been out and given you their interpretation yet or are you trying to decide if you will even file a claim?

I believe the "Additional Coverage-Debris Removal" section will give you the $500 coverage toward removal of the trees from the "premises". (If you are quoting that section from your own policy, some states and some companies have different limits for that coverage.)

Typically insurance companies cover the reasonable cost to get trees off covered structures as part of the inspection and repair process. (You cannot repair a roof until you remove the tree from it.) If the boathouse, barn and playhouse belong to you then removal of the trees off of them should be covered. This means just getting them off the structures and clearing enough space to access and repair the structure. The removal off the property, chipping, stump grinding etc. is where the $500 coverage applies.

The above should apply to the picnic tables as well assuming you have Contents coverage.
The boat trailer and canoe may be different as policies limit coverage for watercraft and their equipment.

The driveway may be treated the same as the structures (especially if it is damaged in anyway) and sometimes removal is covered due to access to the premises.

Sounds like the tree removal company is familiar with insurance claims. Anyone that gives you 2 estimates as you stated has worked with insurance before. Hopefully their "remove from covered structures" estimate is the majority of the full cost and will be covered.

Good luck and let us know how it works out or if you have any other questions.
AskTheAdjuster - back

ANSWER
Dear SB,
What caused the tree to fall? Was there a thunderstorm, lightning, strong winds, was the ground saturated from rain? Or was the tree noticeably rotten, leaning or appear dangerous prior to falling?

Who does the fence belong to? You, your neighbor or shared?

If the fence is yours or half yours:
Your policy should pay for getting the tree off the fence (just enough to access and repair the fence), repairing (or replacing) the fence and probably $500 for getting the tree debris off your property (check your policy under "Additional Coverage - Debris Removal" some polices have more).

If the fence is the neighbors or half theirs:
Their policy should do the same as above plus the electric repairs.

The electric repair may fall below the neighbors deductible so they don't want to file a claim. Their policy should be the one to respond on the electric bill, it would not be covered by your policy. Unless, the tree was rotten, but even then, their insurance company should respond then try to collect from you or your insurance company as a liability claim.

If you can't get any cooperation from your neighbor you may be stuck with the electric repair bill. I'm sure the electrician wants to be paid and it sounds like you essentially contracted the job.
Good luck,
AskTheAdjuster

P.S. If the fence or other damaged property is yours, you want to consider the repair cost before deciding to file a claim. See our free insurance guide (there's a link on the home page of AskTheAdjuster.com) and check the CLUE report chapter, you don't want to file too many claims! * * * *

Follow up from SB
Thank, you so much for your response. The tree fell due to wind. Our insurance company paid a % to have the tree removed. The neighbor insist on stating his insurance company states it's our responsibility to pay for all of it becasue it was our tree. I'm sure you are right regarding our now not so neighborly neighbor. He doesn't want to file a claim because his deductible is $1000.00 and the electrical is $1400.00. Yes we contracted the job and will most likely be stuck with the bill. After all it's not the electrician's fault.

I'm wondering if we can sue him for the amount of the bill. Do you know anything about that?
Thanks again,
SB

ANSWER to 'follow up'
Dear SB, If wind was involved that's considered an "act of god" and there is no liability on your part, in other words it does not matter who's tree it was. Each homeowners insurance should respond to the damages on their own insured property only.

Regarding suing the neighbor, we can't (and aren't qualified to) give legal advice. Seems like that amount would qualify for small claims court? I guess the relations with the neighbor can't get any worse at this point so it wouldn't hurt to try to recover your money.
Good luck,
AskTheAdjuster - back

ANSWER

Dear SP, The adjusters estimate should detail the items that were depreciated. Look for columns like RCV (Replacement Cost Value), Depr or Deprec, and ACV (Actual Cash Value). The only items that should be depreciated are things that are considered improvements or betterments such as the shingles. They should not depreciate tear off/removal, debris hauling or any other labor items.

Generally you are not required to complete all (or any) of the repairs on his list. The repairs you make are up to you and your mortgage holder, if you have one and especially if they are on the check.

However, the only way to receive the additional money is to complete the repairs that were depreciated in his estimate. You can do the repairs yourself, just keep your material receipts as documentation. I would also take pictures.

Even if there was no depreciation it is always good to be able to prove repairs were done in case you have damage again and need to make another claim.

The only reason you wouldn't get all the money doing repairs yourself is if he had Overhead and Profit included in the estimate. A homeowner is not entitled to make a profit on a claim. If this claim just involves roofing then there probably was no Overhead & Profit included anyway.

Another reason you might not get all the additional money is if you have a contractor do the work and he is cheaper than the adjusters estimate. You would only be entitled to the difference between his estimate (less your deductible) and the amount you already got.

Also, if you get a contractors estimate that is higher than the adjusters then call the adjuster before signing a contract or having the work done and ask for a supplement or ask him to negotiate the difference.
Good luck,
AskTheAdjuster
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