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My House Was Damaged By a Contractor

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JTripp

Junior Member
What is the name of your state? Pennsylvania

My neighbor was having his roof replaced on his home. The construction company that was doing the work was very careless and while throwing the pieces of slate and cedar off of the roof, damaged the entire side of my home. The siding on my home is ruined and needs to be replaced. The owner of the Construction company that did the damage gave me a letter signed by him stating that his company was 100% liable for the damage and he turned it into his insurance company. In the mean time I had 3 contractors come out to give estimates on fixing the siding. All three contractors stated that the siding on my home was not made anymore and in order for it to match the rest of the house, the whole house would have to be resided.

I was contacted first by the construction companies insurance agent and told that he was fully covered and a claim had been submitted. I was then contacted by someone from the insurance companies headquarters and told that they were sending out an independant adjuster to look at the damage and I was also given a claim number. When I spoke to this person from the insurance company, I explained exactly what happened and I emailed him pictures of the siding and faxed him the estimates that I had received along with the letter the owner wrote regarding the damage. I was also told at this time that he was fully covered.

The independent adjuster then called me and told me that he was coming out to the house to do some measurements, that he had to measure the whole house because the siding was not available and the whole house would have to be resided.

The next phone call I received was about 3 days later and it was from the adjuster, he stated that he sent his estimate and paperwork over to the insurance company and that it would have to be approved by a supervisor and that it was in their hands now.

I called the insurance company headquarters, to speak with the gentleman that had given me the claim number and sent out the adjuster. When I got him on the phone, he was now telling me that there was in issue with the coverage and they might not pay the claim. He stated there was an issue with the origional application for coverage that the owner of the company submitted. I told this person that I found it to be very odd that when the claim was submitted, every person I spoke to told me that he was FULLY covered, and they knew exactly how the damage occurred and gave me a claim number and sent out an adjuster, but now that they have the figure infront of them there is all of a sudden "an issue with the coverage". I honestly think they are looking for a way out of paying this claim. After I spoke to this person, I called the insurance agent who origionally told me he was fully covered. When I got him on the phone and told him what I was being told, he had no idea that this was going on, he said that he was covered. He told me he would call and see what was going on. I called him back later that day and he had spoken to the headquarters and he was now telling me that they are looking at weather or not the policy covers the "type of roof" he was replacing when the damage was done.

Why should that matter???? The damage was done by his company because of carelesness, and now my house has to be fixed and I am not going to be the one to pay for it. They were not even doing the work on my house, but I am the one who winds up with the damage. I called the contractor and I told him that he needs to find out what is going on with his insurance and fix it or the law suit will be on him. I prepared to get a lawyer and go to court. I just need to know what my next step should be if they tell me they are not going to pay this claim.

If I have to go to court I am going to lose time and pay at work, and as far as I am concerned, they will be sued for that time and pay also, along with aggrivation that I dont need, plus the cost to fix the house.

I honestly feel that this insurance company is looking very hard for a way to get out of paying this claim. Up until the point where they got the actual figure, they were telling me he was FULLY COVERED, and they knew right from the start how the damage was done.

Please send any advice you might have. I need to know what to do next.

Thank You,
J. Tripp
Scranton, PA
[email protected]What is the name of your state?
 


JETX

Senior Member
JTripp said:
I just need to know what my next step should be if they tell me they are not going to pay this claim.
First, your post is far too long and boring for anyone to have to trudge through... but the GENERAL answer to your question is..... your next step is to talk with a local attorney.

If I have to go to court I am going to lose time and pay at work, and as far as I am concerned, they will be sued for that time and pay also, along with aggrivation that I dont need, plus the cost to fix the house.
Those items (lost time, lost pay, aggravation, etc.) are NOT recoverable items. You won't get them.
 

JTripp

Junior Member
If it's boring, don't read it.

Sorry you find my post boring, this is the first time I am using this site. The more information for people to understand the better, so I listed everything that happened from start to finish. If people find it boring then they dont have to read it.
 

seniorjudge

Senior Member
JTripp said:
Sorry you find my post boring, this is the first time I am using this site. The more information for people to understand the better, so I listed everything that happened from start to finish. If people find it boring then they dont have to read it.
“God invented paragraphs and sentences to make written communication easier by breaking up major ideas into smaller chunks. Try using them sometime. One long unbroken string of words is hard to read.”

--DebtGuy

Standard answer on long and/or rambling posts:

Cut it in half

Use paragraphs

Leave out editorial comments

Ask three questions

Do not use all caps...it is excessively rude and equivalent to shouting in someone’s ear.

Use standard English.



You will be more likely to get someone to help you if you do this.
 

JTripp

Junior Member
What is going on with people on this site?????

I did not put a post on this site to be picked apart for grammer, nor did I put a post on this site to be told it was long and boring. What is wrong with people? I simply put a post on this site to see if anyone had any advice. I have never used this site before, and if I knew that people would do nothing other than point out the mistakes in my grammer I would not have posted it. I did not realize that I was posting a problem on a web site for an English class.
 

JETX

Senior Member
JTripp said:
I simply put a post on this site to see if anyone had any advice.
No you didn't!!
You put a boring, grammatically 'challenged' post on this site. :D

I have never used this site before, and if I knew that people would do nothing other than point out the mistakes in my grammer I would not have posted it.
It is spelled 'grammar'!!!!

I did not realize that I was posting a problem on a web site for an English class.
If you had... you flunked!!
 
First, remember, the gripe you have is with the contractor, not the insurance company. I would recommend keeping all your communications going to and from the contractor. That way, the contractor can determine whether or not he wants to risk going to court or rather keep the heat on the insurance company to pay the claim. Remeber, the contractor, not you, is the customer of the insurance company. I would also recommend contact your state attorney general's office and file a complaint with them against the contractor. Next, see if your contractor was legally permitted to be doing the work he done; did he have a building permit, if required?, does he have proper licensing.

BTW, don't worry too much about jetx, he/she has a inner conflict with reason. Just ingore his/her posts about being critical with anyone and everybody, and eventually he/she will antogonize someone else. He/she has given bad advice to others and myself, and seems to have a self-imposed desire to impress everyone that he/she has graduated from the fifth grade with a degree in law. Just don't reply to him/her, just ignore him/her, because just like a ****roach, they always seem to be coming back.:)
 

HappyHusband

Senior Member
JTripp said:
All three contractors stated that the siding on my home was not made anymore and in order for it to match the rest of the house, the whole house would have to be resided.
What kind of siding is it, that's no longer available?
 

moburkes

Senior Member
Yes, your issue is with the contractor, regardless of the status of his insurance policy. The adjuster's responsibility is to simply "adjust" the claim. The underwriter verifies that the policy was written correctly, and that coverage does or does not exist at the time of the claim.
 

JTripp

Junior Member
Thank You :)

Thank you, finally a few people who are actually willing to give advice. The siding on my home is an aluminum with a vinyl coating on it. It has a thick wood grain. I have been told by several contractors that it is no longer made. I have also received samples of the only aluminum siding still made, and none of the samples match.

The last conversation that I had with the insurance company, I was told that they had sent the adjuster out to see if he could find the siding, and if he is able to find it, they will cover the damages and replace only the side with the damages. They have at this point told me that the contractor is covered. They have not told me what will happen if the adjuster is not able to locate the exact siding to replace the damaged siding.

I did speak to a Lawyer yesterday, he agrees that I have a good case, and suggested that if the insurance company decides not to pay in full, that I file a suit against the contractor along with the insurance company. He stated that if the difference between what they offer and the figure the adjuster gave is less than $5,000.00, that I go through small claims court and state my case to a judge without an attorney.

Thank you again to the people who are actually willing to give advice, any further advice would be great.
 

acmb05

Senior Member
HappyHusband said:
What kind of siding is it, that's no longer available?
Well just about any siding that was made yesterday. Siding, when damaged is very hard to match unless it came from the same batch and even then it is not always exact. Once the side was damaged there is no way she will find a color match and the whole house will have to be redone, or look like crap with a different shade of that color on one side.
 

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