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Denied homeowners claim

Discussion in 'Homeowners, Fire, Casualty' started by b0ggwrath, Feb 21, 2010.

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  1. b0ggwrath

    b0ggwrath Law Topic Starter New Member

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    I had a bathroom that started a leak and I got mold and a good amount of water damage. I filed the claim and it took them a month to get an adjuster out here to look at it. He came out and spent like 45 minutes at my house. 43 minutes mapping and measuring the entire house, 2 minutes in the area where the damage was. I wait like 2 weeks dont here anything call them and they tell me they denied the claim because the damage that was visible was obviously visible to me for weeks, months, or years. Which is true, I called them a month ago, before than whatever damage was there was hidden inside the wall. They said they would send me aletter explaining everything. The damage was all caused by the activator to switch the water from bath to shower. Which I told the adjuster because I could see it. I didnt fix the leak and had stopped using the bathroom. So when I get this letter from them, in the beginning of the letter they blame the leak on the valve on the tub, what I had told them. In the end of the letter they blame all of the damage on my faulty roof, saying repeated rain water was seaping through the roof and thats what caused they damage. My roof is brand new in 2006 and they adjuster never even looked that the roof. This is the bathroom that I rent out to my roommate. So we have been living in the mold for over 2 months, not saying its from the mold we dont know but my roomate has been kind of sick for a little while now, coughing up chunks of blood and respiratory problems.

    Im looking for any kind of advice on where to go from here. I am going to replace the entire bathroom because thats what has to be done. I know to keep track of receipts and take pictures. But what should I do? I feel like I have a pretty good case, but cant afford a lawyer...

    Any advice would be appreciated.
     
    Last edited: Feb 21, 2010
  2. army judge

    army judge Super Moderator

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    You can't beat an insurance company without a lawyer.

    Insurance companies have dozens of lawyers on staff and out house counsel ready to defend their decisions.

    You could write a letter to the insurance comany protesting their decision.

    Your letter should ask them what you must do to appeal their denial.

    You could also write a letter to your state's insurance commissioner, if you enjoy corresponding.

    If your funds are limited, they might better be spent repairing your bathroom.


    Sent from my iPhone using Tapatalk
     
  3. b0ggwrath

    b0ggwrath Law Topic Starter New Member

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    how does it work in this situation with a lawyer? I sue the insurance company and they take a cut of the claim or I pay them by the hour?
     
  4. army judge

    army judge Super Moderator

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    Some attorneys work on a contingency basis.
    If you don't win, they don't get paid.
    They usually retain anywhere from 25-33% of your award.
    Other attorneys will agree to a set fee, with a retainer.
    You can make some inquiries in your area.
    Most attorneys will meet with you the first time for free.

    Be advised, it might be very difficult to win a lawsuit of this nature.
    But, it won't hurt you to speak with an attorney in your area.
     

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