C
cwendland
Guest
What is the name of your state? California
About a year ago, an 8 month old washing machine broke down, and flooded my apartment, damaging a floating floor that I have, and the wallboard, etc. This machine was under warranty. The repairman came out, ordered the broken part for the washing machine, (under warranty), and left. The repairs to my apartment were completed a month later, and I issued a claim with my insurance. Repairs were completed by the insurance carrier's recommended repairmen. I incurred several expenses outside of these repairs, from loss of rent, cleaning bills, etc. which were sent to my insurance carrier.
After the repairs occurred, the washing machine repairman came back to the apartment, and re-installed my washing machine, and installed the repaired part, which had finally arrived. Unfortunately, he did not tighten the hoses on the back tightly enough, and after 3 days, the area had been damaged AGAIN. I took pictures, and had several witnesses which gave statements about the leak. Again, I submitted a claim to my insurance, and had the repairs completed through them.
My insurance company did not pay any individual bills provided by me, my homeowner's association, or my neighbors, as they said these claims were under subrogation. Last month, after approximately 8 months after the claim, my insurance company successfully subrogated both claims to the washing machine's manufacturer/repairman's insurance. My insurance instructed me to send my additional expenses to the subrogated insurance compan(ies). I additionally instructed the other claimants, which were still waiting compensation, (including the homeowner's association, and two neighbors), to do the same.
Yesterday, I received a denial from the subrogated insurance company, which states that "no physical evidence was presented which indicated that a manufacturing defect caused (my) loss", despite the fact that their own repairman replaced a defective part. They further stated that "no alleged defective parts were available for non-destructive testing", as the repairman had either taken the part, or left it and I had discarded it (not knowing I would need it a year later for litigation).
There are still unresolved bills from this settlement, and my Home Owner's Association is about ready to proceed with legal action against me.
What are my alternatives here? Does the subrogation result cover additional expenses incurred, or just the original subrogation expenses? Is there any way to influence one insurance carrier to pay, without having to go to court over this issue? How can NEITHER company assume responsibility?
Thanks!
About a year ago, an 8 month old washing machine broke down, and flooded my apartment, damaging a floating floor that I have, and the wallboard, etc. This machine was under warranty. The repairman came out, ordered the broken part for the washing machine, (under warranty), and left. The repairs to my apartment were completed a month later, and I issued a claim with my insurance. Repairs were completed by the insurance carrier's recommended repairmen. I incurred several expenses outside of these repairs, from loss of rent, cleaning bills, etc. which were sent to my insurance carrier.
After the repairs occurred, the washing machine repairman came back to the apartment, and re-installed my washing machine, and installed the repaired part, which had finally arrived. Unfortunately, he did not tighten the hoses on the back tightly enough, and after 3 days, the area had been damaged AGAIN. I took pictures, and had several witnesses which gave statements about the leak. Again, I submitted a claim to my insurance, and had the repairs completed through them.
My insurance company did not pay any individual bills provided by me, my homeowner's association, or my neighbors, as they said these claims were under subrogation. Last month, after approximately 8 months after the claim, my insurance company successfully subrogated both claims to the washing machine's manufacturer/repairman's insurance. My insurance instructed me to send my additional expenses to the subrogated insurance compan(ies). I additionally instructed the other claimants, which were still waiting compensation, (including the homeowner's association, and two neighbors), to do the same.
Yesterday, I received a denial from the subrogated insurance company, which states that "no physical evidence was presented which indicated that a manufacturing defect caused (my) loss", despite the fact that their own repairman replaced a defective part. They further stated that "no alleged defective parts were available for non-destructive testing", as the repairman had either taken the part, or left it and I had discarded it (not knowing I would need it a year later for litigation).
There are still unresolved bills from this settlement, and my Home Owner's Association is about ready to proceed with legal action against me.
What are my alternatives here? Does the subrogation result cover additional expenses incurred, or just the original subrogation expenses? Is there any way to influence one insurance carrier to pay, without having to go to court over this issue? How can NEITHER company assume responsibility?
Thanks!