Problems with Insurance Adjuster

[WickedChick]

What is the name of your state? NY

A few months ago I had a fire in my home. I hired a public adjuster to represent me in this matter. He was suppose to bring an appraiser to my home and do the Inventory of the contents, but when I received the final draft to sign I told him he had left alot of stuff out. I ended up submitting my own Inventory. A month later when they came up with the numbers I realized that they still left stuff out that I had put in my own inventory and when I contacted the Adjuster he said these are minor items and to stop nickle and diming everything. I eventually signed the aggrement amount with a few items that were still "open" which was estimated at $10,000. Now my adjuster is states not all "open" items will be paid and the insurance is only giving me $5000. When i questioned him about this he told me to stop breaking his balls over every small item. Also when I had my home repaired, I was told my the electrician that smoke alarms had to be installed which I did but insurance never covered this, when I stated this to the adjuster he had said yes it was included in my policy and now he states my insurance won't cover it because I didn't get a town permit. Which I didn't need to get a permit from the town. My homeowners insurance has Replacement Cost on Constuction and Limited Replacement Cost on the Contents. I told the adjuster I am not happy with his work and would like copies of my file and he stated to me its his property and I am not entitled to copies of my file. I feel like he was working for the benefit of the insurance company and not mine. Is there anything I can do?? Am I legally allowed copies of my file?

 

[moburkes]

How could he have been working for the benefit of the insurance company when YOU hired him, and YOU signed off on the papers?

 

[WickedChick]

Because when I first Hired him he was telling me one thing and everytime I spoke to him he would change it around and state well we can't do that. When I would question him why he kept changing things he would say I have no control and I don't want to push the insurance adjuster because he has done enough for us already.

 

[moburkes]

This is confusing. You said that he had done enough for you already, but then you said that he didn't help you. Are you saying that you had an additional $10000 in personal property (at actual cash value, not replacement cost) that was not considered, but you signed the forms anyway, thinking that the signed statement meant nothing? If that's not what you meant, PLEASE try to explain again, so that I can understand, and, potentially help you.

 

[WickedChick]

OK let me try to clear this up THE ADJUSTER stated he had done enough already and I shouldn't complain. When I signed the papers the Adjuster stated that there was about $10,000 stil "open". I needed to submit the receipts for these items. I submitted receipts as I was told. I waited 2 months and was never contacted so I called him to check the status, I called several times in a 2 week period before he actually got back to me and stated I would be getting 5000. I said you told me 10,000 why is it now 5000. And his reponse was well there aren't gonna pay for the upgraded electric because you needed a town permit in order to qualify for the ugrades. and some of the other items the insurance didnt want to pay but I had submitted the proper documentation. So I said why do you keep changing everything you tell me one thing and then the next time we talk you change it. He states its the insurance company decision and he has no control over it and the insurance adjuster already has done so much for me already, and I should be lucky I got what I got already and stop complaining. I told him I am not happy and would like a copies of my files and he said this is my property I don't have to give you anything. And I should accept the 5000 and stop being ungrateful

 

[WickedChick]

I forgot to mention the $10000 in personal property (at actual cash value, not replacement cost) was additonal money that was "open" status. Meaning I received some money already when I signed the documents and was waiting to receive this 10000 when I submittted the proper paper work.

 

[moburkes]

And, you've already signed off, right?

 

[WickedChick]

On the first part yes. But I do have a copy of one letter stating that i was suppose to get an additional 2000 and on one of the papers I signed off on it states a few of the open items. As for the electric I didn't know till after they started doing the work that I had to install mandatory to be to code fire alarms in all the bedrooms. The electrician told me after he came in to do the work. When I was in the office signing off the papers he showed me the document stating the "open" items and the total amount. I told him I wanted copies and he handed them to me and yesterday I checked my documents for that "open" item list and its not in there just the papers I signed. That is the reason I asked him for copies of my file because he did have it in writing.

 

[moburkes]

Have you tried contacting the insurance company directly, instead of dealing with this adjuster? You might have to file a lawsuit. I'm not sure that they are responsible for the smoke detectors, though, since whatever happened in your home (fire???), did not cause damage to any smoke detectors, but, instead, your local area has an ordinance requirement.

 

[WickedChick]

No I didn't know if I should or if I could since I had the adjuster. Can I obtain this file or is it legally his and do I have a right to this file. Also lawsuit against who? the adjuster or the insurance company? Also when I spoke to the adjuster about the fire alarms he stated I had an ordinance on my policy and that it would be covered. But when I submitted the receipt he said they won't pay it because I didn't get a permit. If he is an adjuster shouldn't he beaware of all this before telling me yes and then telling me no?? He has done this several times throught the case. He would say I was entitled to additional living expense for a month from the date I received the struture check so the house can be repaired. Then when the time came to pay it he would say they won't pay it. Also I had office documents I needed ordered from the bank and he said whatever expenses I would incur that it would be considered Loss of Use and paid as actual loss sustained. When I brought it up again he would tell me stop pushing the adjuster be happy with what you are getting. Don't nickle and dime everything. This is the reason why I say I feel he was more on their side because I feel like he was stating one thing and then he didnt' want to "push" the insurance company. He also stated once that he doesnt want to push to hard because if he ended up with the same insurance adjuster on another claim he might not be so easy going. Is that right???

 

[moburkes]

You sue the company that hasn't paid, which is your insurance company. I have no idea what an ordinance on your policy means. He's not responsible for telling you to get a permit. The contractor and you are responsible for that. If you do something illegally, that's not the adjuster's fault, and you don't get compensated for that. He has no control over the insurance company. It sounds like your plan to hire a public adjuster simply backfired.

 

[WickedChick]

How can I sue the insurance company if my adjuster is not backing me up? Also he won't give my copies of my file so I can have more evidence against them. Also why would the adjuster make promises and then when i questioned him he would scream at me that I am ungrateful when I have my husband and my brother to witness what he was saying what he will be getting for us and in the end not delivering?? Isnt that a breach of contract?

 

[WickedChick]

In additon... he already got paid from the first settlement check I received. So he got his money for this already and can't finish the job.

 

[moburkes]

You can sue the insurance company because you can. If they were supposed to pay you, but didn't, the adjuster has nothing to do with that. The files aren't yours, but a court order can make them share them with you. The adjuster can't make promises, unless he is giving you the money out of his own pocket. And, unless you've received said promises in writing, how can you prove what he said? Your husband and brother aren't umpartial witnesses. What contract did he breach?

 

[moburkes]

In additon... he already got paid from the first settlement check I received. So he got his money for this already and can't finish the job.

That has nothing to do with this. You hired him, and you are responsible to pay him. At least he waited to get paid. He could have required an up front payment. You chose to give him a portion of your money (which would have helped with your bills) instead of using the free adjuster from the insurance company. If you didn't trust your insurance company, why did you become their client?