Car damaged our property

[iloveau]

What is the name of your state? AL

A driver crashed into one of our solid brick columns we have on each side of our driveway. The columns were built at the time we built the house in 1988. We discussed with the auto insurance adjuster that we can no longer get the bricks and we do not plan on replacing the column with a brick that does not match the other column. We are very upset that because some speeder crashed on our property, we are expected to accept their decision. We refuse to replace the column with another brick in front of a house appraised at 379,000. However, the adjuster mailed us a check that would only replace the one column. We have not cashed the check. Should we return the check or just not cash. What are our choices?

 

[rmet4nzkx]

How many bricks in the column and how much was the settlement? Why can't you get the bricks anymore?

 

[iloveau]

Reply

The settlement was 3500.00 (which also included 900.00 for what someone charged us to clean up the disaster and 250.00 for the electrical part) The quote we received was for 4500 to replace both columns - because this brick company said they could not match the brick. We also had problems 2 years ago when we added a sunroom to the back of the house and could not find the brick to use. We did use one kind of close because the room is in the back and we are 250 feet from the road. The bricks are no longer made. However, the columns are so close it would be very obvious. This driver caused lots of problems, his high speed damage started at our neighbors with their mailbox and he went airborn and hit our column- fortunately for him it was not head on, a part of the column was found 300 feet away from our land.

 

[rmet4nzkx]

Well if you are getting $3500 for one and it costs $4500 to replace two that sounds fair, are you able to do the work yourself or shop around for a contractor to do it for less or modify the columns to reuse as much of the original brick, did you save the old bricks from the damaged column so that only a few bricks need relpacement? Have you considered a veneer, paint or stucco to make them both match? If there is no option to mitigate your loss, it is possible to take the driver to small claims court or if charges were brought against him, possible that he might be made to make restitution and pay for the difference.

 

[iloveau]

Reply

No, the 4500 did not include the 900 we have already spent to have the area cleaned. The brick column was solid cement with a solid steel center. It took the people cleaning this up three days. The bricklayers qoute for 4500 also did not include the electrical part. So actually we only have 2300 to replace the column. Unfortunately we had just spent a month cleaning the 3 acres from Hurricane Ivan damage and just getting someone to quote was a feat in itself. I live 20 miles inland from Orange Beach and most construction/brick workers are still tied up in the devastation caused by Ivan. My real question would be - what to do with the check if we do not agree?

 

[JETX]

Nice 'mighta' answers.... but the REAL answer to your question is.... no, you do not have to accept their offer. You can file a lawsuit (small claims) and argue your concerns in court. If the court agrees that your damages are in fact both columns (due to the mismatch), then you could get a judgment for the full amount of the 'damages'.

 

[racer72]

The insurance company is only obligated to repair the damage at fair market value. They do not have to pay to make your columns the same. I was able to find bricks to match a house built in 1936 so it is possible to find older style bricks. You now have 2 options. Send the check back and sue the driver of the vehicle or accept the check and pay the extra money to make the columns match. I very seriously doubt you will be successful in getting both columns replaced.

 

[HomeGuru]

I agree and add that the writer should be talking to their homeowners insurance agent for advice.

 

[iloveau]

Reply

THANKS !!!!
I appreciate the Great advice and wil call my attorney and bug him to see what recourse he believes we have. I just hate to tie up him for something that I thought we could manage.

 

[teflon_jones]

It's not the driver's or insurance company's responsibility that the bricks aren't made any more. They're only responsible for the single column that the driver damaged. The settlement amount of $3500 is more than fair considering the cost of replacing both columns + cleanup is only $5400. Involving your lawyer is only going to cost you more money, and you'll certainly lose this case.

 

[JETX]

you'll certainly lose this case.

And what, praytell, do you base that on??

You are making the same error as a lot of responders on this post. Based on the OP, the issue is not the single column... but the PAIR of columns. If this is truly a PAIR as described, then the damage or destruction of one affects both. Based on that FACT, the OP could (depending on 'presentation') have a pretty good chance of recovering the damage to the PAIR of matching columns.