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How to expedite my hurricane settlement

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2 Bagger

Junior Member
What is the name of your state? Florida

I have been sort of lurking here since I had hurricane damage last fall - twice. My claim has been inching along at a snails pace prompting me to consider an alternative approach to me settleing the claim. I have seen several posts refer to the term Public Adjuster or Certified Public Insurance Adjuster. Before my claims I had never heard of this business practive and I consider myself pretty business savvy. Sfter the storm they came out of the woodwork soliciting their services along with everyone here in Florida.

Can a Public Adjuster legally represent me without being a lawyer? Also why would the insurance company respect them over a lawyer? How can I determine economically if/when to hire a lawyer or Public Adjuster? In some areas of the country I believe they are referred to as Third Party Administrators or TPAs.

Any advice would be appreciated.

2 Bag
 


claimlaw

Member
Public Adjusters are not the same as TPA's.

Public Adjusting, as an industry, has been around for a long time. Public Adjusters are intended advocates for the policyholder in first party property losses. They are not lawyers although a few are both. As with lawyers, there are good ones and bad ones. The bad ones will generally find you. The good ones require some effort.

I deal with these people daily. A good firm provides a group of specialty claim services that a lawyer doesn't, they should also administer your responsibilities under the policy. A good one knows more about insurance law and claim settlement practices that the above average lawyer. Unfortunately for the plaintiff, in my experience, the knowledgeable lawyers on this subject are defense counsel - they represent and defend insurance companies only.

As mentioned above, a Public Adjuster is your agent. Unless he/she is also an attorney, they may not provide legal advice or legal representation. They also cannot bind you in settlement.

I cannot address the economics without more information. In general, since you are already well into the claims process, I would only allow an attorney or Public Adjuster to handle it on a strict contingency basis above and beyond an agreed amount[x]. Presumably, you can get [x] on your own, without professional assistance.

Florida has its good share of Public Adjusters. As you mentioned, most of which come out of the woodwork after a storm. These people are often transient opportunists.

Good luck,

Claimlaw
 

2 Bagger

Junior Member
Thank you claimlaw. My house was hit twice within weeks by hurricane force winds and about 3 feet of flooding. The adjusters are still arguing over how much was caused by storm1 and storm2. My contractor has met with hte adjusters and says that the combination of the two settlement offers leaves me over $52,000 short of what is required. Because of the age of the house they want to depreciate their estimate so that I start out with less than 1/3 of the amount actually needed to start the project. Then they say that I should have started rebuilding 3 months ago and that my living expenses are going to be cut off at the end of this month. I would begin repairs if they would give me the money to start the repairs sinfe I'm not independetly wealthy by any stretch. The flood adjusters are arguing that most of the damage is from wind and not water and they are wanting to bring a third engineer to write a damage report. My local building inspector say sthat the house is "racked" and that the whole thing needs to be torn down and started over to current building code and flood requirements.

This is beginning to effect my health and my wife's health. We are living in a rental house that we can't afford if the homeowner insurance cancels our living expense money. I am applying to FEMA today for a grant or small loan.

I'm pretty sure this isn't going my way but I don't want to bring in another party to feed on me. No offense.

YOur right that I can't find an lawyer that has handle similar cases. The public adjusters all tell the same story that I'm going to get screwed but if I'm getting screwed I want to make sure its from only once not three times.

Should I let the time go its normal course and then hire someone? Can I do something about this myself? All advice welcome.

Allen 2 Bag
 

claimlaw

Member
It sounds like it may be time to get a consultation from a competent Public Adjuster. I would try to talk to as many "experts" as you can. Knowledge is power. I wouldn't sign with anyone until you've spoken to at least 3 or 4. Make them tell you what they would do. Then revise your questions and submit to this forum.

Otherwise, these claims have so many variables that it would be impossible to address the matter without a specific issue being identified. You are considered an unsophisticated consumer. Thus time is on your side with your HO coverages. NFIP is generally strictly construed.

Claimlaw
 

MusecMuse

Junior Member
Hi There,

I'm sorry to hear about everything you are going through. Have you tried calling 1-800-22-storm? http://www.flains.org/public/ -this is the Florida Insurance Council and if you are having problems with your insurance claim, they advise to call them.
Also try this website http://www.fldfs.com/Consumers/disaster_storm.htm. There may be some helpful info in there somewhere.
Concerning someone telling you that you should have started 3 months ago. How are you expected to do that when everyone is backed up and supplies are not available?
Hang in there! I know how stressful it is. We are still out of our home due to Hurricane Charley and our contractors haven't even started yet.
I hope everything gets worked out soon and you will be back in your home! Take Care and God Bless!
 

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