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Homeowner's Claim, Personal Injury

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W

WHATCO

Guest
What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state? TX

First Water Damage Claim:

I had a large covered water damage loss to my home in 3/02. My company responded a week later to inspect. At that time they brought THEIR contractor who signed me to a work authorization hiring them to complete my repairs. My adjuster and their contractor refused to tear out some of the water damage. A week later, their contractor showed up to get their fans and say they quit due to not enough manpower. Within a week, their contractor had prepared their estimate, but even after several attempts to get paid, my company refused to pay me for over a month. Mold grew, I got sick, lost a lucrative job offer.

Asbestos issue:

An issue came up as to possible asbestos in this home so they sent a enviromentalist out to grab a couple of samples for testing. He was not here over 10 minutes. I finally received a "verbal" NO to the presence of asbestos. However, my company refused to give me a copy citing their rep never sent them a copy. (I finally sent a Demand Letter to my company requesting a copy of that report. They sent out someone else to test today. They just spent about 2 1/2 hours taking notes and samples. Should have results by Friday or so.)

Second Water Damage Claim:

When I had to pull my Hall Bath commode because it was about to fall through water damaged flooring (damage from 1st claim), I cut out flooring to find mold now growing and expanding. My company considered the issue for a while then decided to make it a 2nd claim. They sent out the same "fly by night" guy to take mold samples. He had to come back 3 different times to take samples at about 15 minutes each time. He refused to sample all the affected areas. My mold adjuster told me it was at their request. A cheap remediation estimate was prepared based on the inadequate mold report. I had to hire my own environmentalist to do a complete report who found Stachybotrys where my ins co's guy did not. I sent a copy to my adjuster who, after a couple of weeks, said my company will now DENY all damages over their guy's mold report because I failed to make repairs to the First Claim that they refused to pay me on and that THEIR contractor quit leaving water damaged materials in place. I also got so sick that I had medical tests done showing I had been exposed to several types of toxic molds including Stachybotrys.

Apartment issue:

My ins co found me a Corporate Apartment where I had to purchase all new furniture that I paid for. The apartment had water damage from an upstairs unit. The apts and my Corp Housing rep refused to make repairs. Mold grew causing contamination to my new furniture and my health. Doctor told me to move and not take my furniture unless it was properly cleaned or replaced. Both apts and Corp Housing vendor refused to clean and Corp Housing vendor sent me Demand Letter that they took my furniture and were selling it unless I paid some undisclosed amount of money within 15 days. The 15 days has come and gone with out contact from them. I only got to enjoy my furniture for less than 3 months.

I now live in a trailer located in my driveway. I can only sit here and look at my home as it is uninhabitable. My doctor has told me not to go back in it. During strong winds or severe weather, this trailer rocks back and forth. I lay awake at night fearing for my life.

I do not know if there has been Bad Faith or not. There was no reasonable reason not to have timely paid my First claim, and my company knew there was no reason to withhold payment. They seemed to refuse to conduct proper investigations and insisted on continuing to use a ‘fly by night” to conduct improper investigations. I am sure they knew that an inadequate report would result in cheaper bid costs. I can bet you money that they will merely say they relied on their “expert” as a way out. Since they knew his report was flawed, I feel they should have relied on my report or sent someone else out to investigate. However, they stated they will not entertain a second opinion. I feel that they “knowingly” mishandled my claim to my detriment and “knowingly” failed to timely pay my claim resulting in damages to me and my home. I feel their actions and decisions were unreasonable and maybe even outrageous.

Again, as a result and to my detriment, I have lost lots of needed income, loss of use of my home, been unable to furnish a place for my desperate children to come back to -they stay with my parents, do hot have enough to make safe repairs to my home, etc. I have spoken to several attorneys and they do not have time to handle my claim and some say it is over their head.

Looking for advise on whether I have any claim that attorney would be interested in. Looking for any ideas or names. TW.

NOTE: I currently have a Public Adjuster reviewing who was called in by an attorney. I had reason to research this attorney and he does not appear to be listed with the Texas Bar Association. I have NOT signed yet. He says there is NO Personal Injury allowed in my case. I have heard different from others. I get impression they want to take quick settlement for their fees which will leave me holding the bag. They are supposed to meet with each other today and call me. I need to know what I should do.
 


HomeGuru

Senior Member
WHATCO said:
What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state? TX

First Water Damage Claim:

I had a large covered water damage loss to my home in 3/02. My company responded a week later to inspect. At that time they brought THEIR contractor who signed me to a work authorization hiring them to complete my repairs. My adjuster and their contractor refused to tear out some of the water damage. A week later, their contractor showed up to get their fans and say they quit due to not enough manpower. Within a week, their contractor had prepared their estimate, but even after several attempts to get paid, my company refused to pay me for over a month. Mold grew, I got sick, lost a lucrative job offer.

Asbestos issue:

An issue came up as to possible asbestos in this home so they sent a enviromentalist out to grab a couple of samples for testing. He was not here over 10 minutes. I finally received a "verbal" NO to the presence of asbestos. However, my company refused to give me a copy citing their rep never sent them a copy. (I finally sent a Demand Letter to my company requesting a copy of that report. They sent out someone else to test today. They just spent about 2 1/2 hours taking notes and samples. Should have results by Friday or so.)

Second Water Damage Claim:

When I had to pull my Hall Bath commode because it was about to fall through water damaged flooring (damage from 1st claim), I cut out flooring to find mold now growing and expanding. My company considered the issue for a while then decided to make it a 2nd claim. They sent out the same "fly by night" guy to take mold samples. He had to come back 3 different times to take samples at about 15 minutes each time. He refused to sample all the affected areas. My mold adjuster told me it was at their request. A cheap remediation estimate was prepared based on the inadequate mold report. I had to hire my own environmentalist to do a complete report who found Stachybotrys where my ins co's guy did not. I sent a copy to my adjuster who, after a couple of weeks, said my company will now DENY all damages over their guy's mold report because I failed to make repairs to the First Claim that they refused to pay me on and that THEIR contractor quit leaving water damaged materials in place. I also got so sick that I had medical tests done showing I had been exposed to several types of toxic molds including Stachybotrys.

Apartment issue:

My ins co found me a Corporate Apartment where I had to purchase all new furniture that I paid for. The apartment had water damage from an upstairs unit. The apts and my Corp Housing rep refused to make repairs. Mold grew causing contamination to my new furniture and my health. Doctor told me to move and not take my furniture unless it was properly cleaned or replaced. Both apts and Corp Housing vendor refused to clean and Corp Housing vendor sent me Demand Letter that they took my furniture and were selling it unless I paid some undisclosed amount of money within 15 days. The 15 days has come and gone with out contact from them. I only got to enjoy my furniture for less than 3 months.

I now live in a trailer located in my driveway. I can only sit here and look at my home as it is uninhabitable. My doctor has told me not to go back in it. During strong winds or severe weather, this trailer rocks back and forth. I lay awake at night fearing for my life.

I do not know if there has been Bad Faith or not. There was no reasonable reason not to have timely paid my First claim, and my company knew there was no reason to withhold payment. They seemed to refuse to conduct proper investigations and insisted on continuing to use a ‘fly by night” to conduct improper investigations. I am sure they knew that an inadequate report would result in cheaper bid costs. I can bet you money that they will merely say they relied on their “expert” as a way out. Since they knew his report was flawed, I feel they should have relied on my report or sent someone else out to investigate. However, they stated they will not entertain a second opinion. I feel that they “knowingly” mishandled my claim to my detriment and “knowingly” failed to timely pay my claim resulting in damages to me and my home. I feel their actions and decisions were unreasonable and maybe even outrageous.

Again, as a result and to my detriment, I have lost lots of needed income, loss of use of my home, been unable to furnish a place for my desperate children to come back to -they stay with my parents, do hot have enough to make safe repairs to my home, etc. I have spoken to several attorneys and they do not have time to handle my claim and some say it is over their head.

Looking for advise on whether I have any claim that attorney would be interested in. Looking for any ideas or names. TW.

NOTE: I currently have a Public Adjuster reviewing who was called in by an attorney. I had reason to research this attorney and he does not appear to be listed with the Texas Bar Association. I have NOT signed yet. He says there is NO Personal Injury allowed in my case. I have heard different from others. I get impression they want to take quick settlement for their fees which will leave me holding the bag. They are supposed to meet with each other today and call me. I need to know what I should do.
**A: your various issues are too complex for this forum. Try www.attorneypages.com and your local American Bar Association.
 

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