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Need to sue my homeowners insurance, denied lightning strike claim.

Posted on 4/12/22 at 9:53 pm
Posted by Sonic Boom
Lafayette
Member since Dec 2009
102 posts
Posted on 4/12/22 at 9:53 pm
Lightning hit a tree in our yard, blew out just about everything in out home. Lights, oven, ice machines, routers, fans, etc. We have arc marks and a dead tree. Neighbor witnessed the lightning strike.

Insurance company is using some lightning mapping service that doesn’t show a nearby strike when our damage occurred.

This is Lafayette area. Estimate 10,000$ damage.

Any recommendations for a local attorney that could represent us in this matter. I’m done trying to deal with the insurance company.

Thanks.
Posted by meansonny
ATL
Member since Sep 2012
25629 posts
Posted on 4/13/22 at 6:10 am to
Can you try to hire an independent adjustor instead of an attorney?
I dont know your state laws.
Posted by I Love Bama
Alabama
Member since Nov 2007
37715 posts
Posted on 4/13/22 at 6:42 am to
You want to contact an independent adjuster and ask them your best course of action.

Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 4/13/22 at 6:51 am to
You may as well name the company.
Posted by plaric
Pike Road, Alabama
Member since Jun 2011
2204 posts
Posted on 4/13/22 at 7:43 am to
Yeah. Name the insurance company. If it is State Farm, just accept the 10k loss and never use them again.
Posted by wickowick
Head of Island
Member since Dec 2006
45814 posts
Posted on 4/13/22 at 7:51 am to
He wants a public adjuster not a independent adjuster.
Posted by Grassy1
Member since Oct 2009
6256 posts
Posted on 4/13/22 at 7:53 am to
I've never filed a HO claim in the thirty plus years of paying premiums, so I'd be trashing their arse if they denied a legit claim based on a weather app.

Did they suggest what may have happened other than lightning?
Posted by jmitc22
Brrrrr
Member since Jan 2007
1683 posts
Posted on 4/13/22 at 8:26 am to
Email me

<—— @gmail.com
Posted by Sonic Boom
Lafayette
Member since Dec 2009
102 posts
Posted on 4/13/22 at 9:09 am to
It’s Progressive. Farm Bureau is my agency. They “tried” to help, but they still denied.

Progressive used some company called Strike Check that has a map of lightning strikes on that day of course there isn’t one on the map near our house. The map is wrong.
Posted by Sonic Boom
Lafayette
Member since Dec 2009
102 posts
Posted on 4/13/22 at 9:12 am to
They claim it was a power surge from an offsite event.

I live on a dead end street and ours was the only house affected.
Posted by HeartAttackTiger
Member since Sep 2009
421 posts
Posted on 4/13/22 at 9:15 am to
quote:

Yeah. Name the insurance company. If it is State Farm, just accept the 10k loss and never use them again.


I've had SF for many years. Never had an issue.
Posted by BobRoss
Member since Jun 2014
1694 posts
Posted on 4/13/22 at 9:23 am to
I have nothing to add here other than your username sure as hell fits.
Posted by Weekend Warrior79
Member since Aug 2014
16417 posts
Posted on 4/13/22 at 9:28 am to
I don't know the correct answer here, and would think attorney is the right way to go because it sounds like you need someone to handle the legal filings and argue verbiage. Adjuster would help you get to a valuation, but sounds like you already have that

My understanding is a public adjuster can review the policy, explain what is covered, and help you get to a total cost. They will do that work on a per hour fee (LA requires them to charge per hour and not a percentage).

Attorney would be able to review your claim, the facts at hand, and handle the filings, legal paperwork, and potential litigation. They charge a percentage of what is recovered; and that percentage goes up if it goes to litigation.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16470 posts
Posted on 4/13/22 at 9:28 am to
quote:

They claim it was a power surge from an offsite event.


Even if that is true they are still responsible as your insurance company to pay for your loss. If they feel it was some offsite 3rd party event that caused your loss then they can subrogate it to them to recoup their payout to you, but in any case they are responsible for your loss.
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
31145 posts
Posted on 4/13/22 at 9:56 am to
quote:

They claim it was a power surge from an offsite event.


Wouldn't that still be covered?
Posted by Sonic Boom
Lafayette
Member since Dec 2009
102 posts
Posted on 4/13/22 at 10:00 am to
Our policy has a clause that the event must be on the premises.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6446 posts
Posted on 4/13/22 at 10:05 am to
quote:

Our policy has a clause that the event must be on the premises.


Of course it does..... Insurance companies are scum. Hire an attorney. I hope you recoup your losses + some.
Posted by Sonic Boom
Lafayette
Member since Dec 2009
102 posts
Posted on 4/13/22 at 10:20 am to
The problem I have is who to hire. Need to find a litigation guy who will deal with a small claim like mine.
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 4/13/22 at 11:12 am to
call the headquarters and ask to talk to escalation dept if you haven't yet. if you bug them enough they usually pay.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16470 posts
Posted on 4/13/22 at 11:28 am to
quote:

Our policy has a clause that the event must be on the premises.


All of your equipment that was damaged WAS on premises. The “event” was an electrical surge/spike that occurred on your property to equipment that was on premises.


If they are using that clause then lightning wouldn’t be covered anyway since it originated in a cloud off-premises…..see how dumb that argument is?

ETA… no wind claim would ever be valid either bc one could argue that the wind originated off of your property….see how dumb that argument is as well? Their reason for the denial doesn’t pass the smell test.
This post was edited on 4/13/22 at 1:21 pm
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