carpet staining machine

texas. o.k. if i can't get them to pay for the whole house replacement of carpet, can i take their settlement and file and homeowners insurance claim? they want me to sign a release, but the release is between me & company and not saying i ca't file with the insurance co. so the insurance co. can file against them w/o me being a party to it, right. that is if they choose to. told to me by the insurance adjuster.

Yes, you can take their settlement.

And, you MIGHT be able to file a claim with your insurance company. But if you do, make it clear to them (in writing) that you have signed a release of liability. They (the insurance company) may decide to 'eat the claim' and not pursue against the carpet machine company (making the release inconsequential), or they might try to go against the company and have a MAJOR problem with your release and come back on you.

Personally, I don't think your insurance company will accept your claim, but who knows, stranger things happen all the time. And yes, you will probably have to pay a deductible.