texas liability claim on home damage

[sallynich]

What is the name of your state? What is the name of your state? texas
A construction company contracted with the city broke our water line. Upon fixing same they failed to bleed the air out of the line which then blew up our water softener. This blew a whole in our kitchen wall, flooding our garage and house. Total damage to furniture, floors, walls, etc. All wood in our kitchen, living area and dining area is all stain grade oak and pine. The construction company's insurance company wants to use putty and varnish to repair damage to wood. They are replacing some wood areas. Our painter says it is impossible to 'match' the existing stain (9 years old). Is the insurance company only responsible for patching and puttying or are they liable for restoring the wood work by replacing or sanding and restaining in order for all to match? Also, is it acceptable for us to get bids to show costs of repairs and replacements or are we required to accept what the insurance company says is the value to replace/repair? Their costs are drastically lower than what it costs to repair/replace in reality. This all taking into consideration depreciation.

 

[I AM ALWAYS LIABLE]

My response:

Make a claim through your own insurance company, and let them subrogate against the contractor and the City. You'll get better service, and to your liking, if you do it my way.

IAAL

 

[sallynich]

liability claim in texas

I am concerned if I claim through my insurance company MY premiums will increase and I run the risk of getting cancelled! Neither of these actions would be warranted, especially since I haven't made a claim in over 12 years, but, sadly, it is a reality in this day and age.

 

[I AM ALWAYS LIABLE]

My response:

No, you won't be canceled. This incident is not your fault. Besides, your insurance company is quite adept at getting it's own money back from those who are legally liable.

IAAL