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Next step in proper insurance compensation

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To start, I have no homeowner insurance, but person at fault does.

First off, my home is a remodeled 1972 apt converted to condos. It is a 2 story structure and I live on the bottom floor. On the day of the damage, the homeowner upstairs who rents out his unit, called me to let me know I needed to go home and assess the damages caused by a leak from upstairs. Their toilet hose 'broke' in which I do not have clear details of how, but to the point, they admit to being at fault.
The co-owner of my home had cancelled our personal homeowners insurance which is why I am here submitting my message, because the insurance Liberty Mutual of the upstairs owner is being somewhat difficult.
They initially sent a 3rd party group called the Rainbow Crew to come assess the damages. After the assessment, we received an email that was partially gibberish because spelling, grammar, and explanation was not well written. We tried to contact the Rainbow Crew but could get no further with them. Liberty Mutual stated that we needed to obtain estimates in which we thought was the purpose of the Rainbow Crew visit.
Nonetheless, we reached out to ServPro and inquired whether they could provide the information. They said they could, came out, and responded with a follow up email with the measurements of the damages along with their estimate of gutting out all the areas of our home that needed to be fixed for ~$3K. We realized later that they do not repair after they gut out the problem areas.
We went to a third company called ACR which did provide estimates of ~$20K in damages for gutting out and repairs. We submitted the Rainbow Crew, ServPro, and ACR information to Liberty Mutual and they are refusing to move forward because ACR did not submit measurements with their estimates. To this, I tried to reach out to the insurance agent that the information is on the ServPro documents. Additionally, I reached out to ACR regarding the required information and they responded that they did not want to provide that information because as they put it 'Liberty Mutual is playing this game in which they obtain a measurement and lowball you so you won't get enough funds to repair your home.' To me, that was a ridiculous answer because if they won't provide measurements, they won't get the business anyway if the insurance won't move forward, but I digress.
So this happened on 5/28/2019 and I am writing this today a little more than 2 months later and Liberty Mutual finally responded with an offer of only $11-12K which is almost half of what it would cost. I don't understand how they came up with that amount without actually providing a 3rd party that could repair our condo for what they are offering to compensate me with. Their amount seems very arbitrary in just trying to short change me. I have not contacted the upstairs owner to follow-up with him since I figured this is between me and his insurance now. I am not sure if I should be. Please help.
 


LdiJ

Senior Member
I'm in the state of California. I'm not sure if it means anything, but I'm in the Orange County area.
Well, one option would be to not accept the settlement and to sue the upstairs owner. Once you sue, the insurance company will have to sweeten their offer or go to trial. You might want to get another couple of full estimates.
 
Sue the upstairs owner and his renter.
Really?
I don't want to be a malicious neighbor. I just want my unit fixed, and I really thought the insurance was supposed to take care of the problems.
As for a suit, I am considering that option at the moment, but I am also thinking that it will then extend the time when I actually get repairs started (I don't have the funds to start construction without some type of financial help).
Thank you LdiJ, I will keep that option of a lawsuit open for now.
 

LdiJ

Senior Member
I am hesitant to sue the neighbors directly because I don't want to live with disgruntled neighbors since I am not looking to move soon. Although, I wouldn't want to upset them either way, but you know what I mean.
Hon, the reality of things is that you are NOT going to get what you need to fully repair your condo unless you sue, and unless you have at least three FULL estimates to show the judge.
 
Hon, the reality of things is that you are NOT going to get what you need to fully repair your condo unless you sue, and unless you have at least three FULL estimates to show the judge.
Thank you. That is good to know. I will make that a priority to obtain a couple more estimates. Perhaps if I submit those to the insurance agent, they will reconsider. If not, then I guess I'll have to file a suit against my neighbor and their insurance.
I appreciate the feedback. That helps and at least gives me a direction to move in.
 

STEPHAN

Senior Member
Make your neighbor understand that you have to sue them, but their insurance will handle it for them.
 
Make your neighbor understand that you have to sue them, but their insurance will handle it for them.
Wait, does that mean if I decide to press charges, the suit has to be directed at my neighbor rather than directly at the insurance?

If so, I will keep that in mind. I thought I would just sue the insurance since it seems they are the ones withholding funding. My neighbor has been supportive, well to the degree of providing all the information I need about his insurance.
 

Zigner

Senior Member, Non-Attorney
Wait, does that mean if I decide to press charges, the suit has to be directed at my neighbor rather than directly at the insurance?

If so, I will keep that in mind. I thought I would just sue the insurance since it seems they are the ones withholding funding. My neighbor has been supportive, well to the degree of providing all the information I need about his insurance.
Yes, you would name the neighbor in any law suit (you're not "pressing charges"). The insurance company will defend them.
 

Zigner

Senior Member, Non-Attorney
I curious - what proof do you have of negligence by the upstairs neighbor?
 

LdiJ

Senior Member
Wait, does that mean if I decide to press charges, the suit has to be directed at my neighbor rather than directly at the insurance?

If so, I will keep that in mind. I thought I would just sue the insurance since it seems they are the ones withholding funding. My neighbor has been supportive, well to the degree of providing all the information I need about his insurance.
You have to sue the OWNER of the condo and perhaps the tenant as well as the problem could be the tenant's negligence. Their insurance will handle the lawsuit for them. Again, as you were already told this is a civil lawsuit, not a criminal case, so there is no "pressing charges".
 

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