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Started By
Message
re: Ida/engaging law firm to handle property claim vs. directly dealing w/insurer
Posted on 9/16/21 at 6:34 am to DevilDagNS
Posted on 9/16/21 at 6:34 am to DevilDagNS
Shocking i tells ya, shocking!
0
Posted on 9/16/21 at 7:23 am to theronswanson
quote:
You don’t know what you are talking about
I know exactly what I’m talking about. I know it’s not the same as a general damage settlement, but the expense will be significant and the OP will have to pay a deductible plus the expense of their atty.
Posted on 10/26/21 at 2:10 pm to cbdman
Bumping this for any current situations.
Posted on 10/26/21 at 2:17 pm to cbdman
Most of the attorneys I know that do this take 25% not of the total recovery, but of the additional amount they secured once you engaged them. Not sure why you'd ever bring one in from the start. It's not like you're at a disadvantage to let the insurer make an effort at first.
Posted on 10/26/21 at 3:54 pm to tLSU
The best advice I can give on this topic (not an attorney) is to understand the concept of proof of loss. Once you provide a proof of loss to the insurer, they have a clock ticking against them. Proof of loss doesn’t have to be in their format, but it does need to be sufficient to prove your loss.
This isn’t always straightforward but most of the time can be a contractor estimate.
Again, especially during a catastrophe, they have literally months to Dick you around before you submit a proof of loss without facing legal penalties. Of course, you may need to get a lawyer involved if they don’t lay what they owe (or to argue when that proof was submitted), but it is best to be proactive and submit everything you can to maximize the undisputed amount as the attorneys will typically charge a portion of what you were unable to get on your own.
In summary, be proactive don’t wait on them
This isn’t always straightforward but most of the time can be a contractor estimate.
Again, especially during a catastrophe, they have literally months to Dick you around before you submit a proof of loss without facing legal penalties. Of course, you may need to get a lawyer involved if they don’t lay what they owe (or to argue when that proof was submitted), but it is best to be proactive and submit everything you can to maximize the undisputed amount as the attorneys will typically charge a portion of what you were unable to get on your own.
In summary, be proactive don’t wait on them
Posted on 10/26/21 at 4:05 pm to cbdman
Don’t hire attorney until after you have already done the following:
1. Made the contents list
2. Hired an independent adjuster
3. Contested the insurer’s valuation in writing via certified mail
4. Sent the insurer’s your proof of loss including with it the independent adjustment, contents list, and all receipts and invoices from contractors
5. And, if the insurer rejected your demand, requested a third party of appraisal
Only after the appraisal is in hand and the insurer still has not agreed to settle do you need an attorney.
The other caveat is to make certain that the insurance adjuster doesn’t drag their feet on.non-payment. If you get close to 1 year following the loss without having the issue settled, then get an attorney to file suit before your claim has a chance to prescribe.
The reason I don’t recommend filing sooner is that as soon as you file, their legal team starts working the case, they’re paid by the hour, their incentive is to delay delay delay, and drag this shite out forever. The other problem is that if you’re in the Western District of Louisiana (Lafayette, Alexandria, Lake Charles, etc) there’s a judicial order that bars further inspection of the property after filing suit. This eliminates the option of having a third party appraisal to settle the question of valuation, which is an absolutely critical step in the process.
1. Made the contents list
2. Hired an independent adjuster
3. Contested the insurer’s valuation in writing via certified mail
4. Sent the insurer’s your proof of loss including with it the independent adjustment, contents list, and all receipts and invoices from contractors
5. And, if the insurer rejected your demand, requested a third party of appraisal
Only after the appraisal is in hand and the insurer still has not agreed to settle do you need an attorney.
The other caveat is to make certain that the insurance adjuster doesn’t drag their feet on.non-payment. If you get close to 1 year following the loss without having the issue settled, then get an attorney to file suit before your claim has a chance to prescribe.
The reason I don’t recommend filing sooner is that as soon as you file, their legal team starts working the case, they’re paid by the hour, their incentive is to delay delay delay, and drag this shite out forever. The other problem is that if you’re in the Western District of Louisiana (Lafayette, Alexandria, Lake Charles, etc) there’s a judicial order that bars further inspection of the property after filing suit. This eliminates the option of having a third party appraisal to settle the question of valuation, which is an absolutely critical step in the process.
Posted on 10/26/21 at 4:08 pm to cbdman
After the '16 flood, my contractor bailed on me with about $60,000 of work being questioned by the insurance company's adjuster. It took time and some stress, but I was able to answer most of the adjuster's questions, and he ended up approving 90+% of the outstanding balance of repairs. I don't think an attorney would have done much better, and I would have the attorney's fee.
Posted on 10/26/21 at 5:18 pm to kingbob
quote:
The other problem is that if you’re in the Western District of Louisiana (Lafayette, Alexandria, Lake Charles, etc) there’s a judicial order that bars further inspection of the property after filing suit. This eliminates the option of having a third party appraisal to settle the question of valuation, which is an absolutely critical step in the process.
Damn, that’s good info
Posted on 10/26/21 at 5:23 pm to cbdman
Hire a lawyer if you can prove significant damages after you have gotten all of the easy money from the insurance company. Otherwise you will be paying unnecessary attorney fees.
Posted on 10/26/21 at 6:15 pm to kingbob
quote:
Don’t hire attorney until after you have already done the following:
1. Made the contents list
2. Hired an independent adjuster
3. Contested the insurer’s valuation in writing via certified mail
4. Sent the insurer’s your proof of loss including with it the independent adjustment, contents list, and all receipts and invoices from contractors
5. And, if the insurer rejected your demand, requested a third party of appraisal
Only after the appraisal is in hand and the insurer still has not agreed to settle do you need an attorney.
The other caveat is to make certain that the insurance adjuster doesn’t drag their feet on.non-payment. If you get close to 1 year following the loss without having the issue settled, then get an attorney to file suit before your claim has a chance to prescribe.
The reason I don’t recommend filing sooner is that as soon as you file, their legal team starts working the case, they’re paid by the hour, their incentive is to delay delay delay, and drag this shite out forever. The other problem is that if you’re in the Western District of Louisiana (Lafayette, Alexandria, Lake Charles, etc) there’s a judicial order that bars further inspection of the property after filing suit. This eliminates the option of having a third party appraisal to settle the question of valuation, which is an absolutely critical step in the process.
Overall, solid advice! Some people with significant roof damage or whatever can’t really wait lengthy periods to file suit or hire an attorney. I’m helping a client right now with an obviously totaled roof and Hartford wouldn’t agree to squat. I got good results for him years ago when the same insurer had dragged things out forever without paying,
How many appraisal awards have you gotten paid pre-suit? Why do you like appraisal? I usually negotiate with the desk adjuster directly which does get good supplements a lot of the time. Then I’ll skip appraisal because it’s not binding and expensive, draft a suit, and mail the desk a copy with a d/l to settle before we serve it. That usually kicks it over to a more experienced adjuster with more settlement authority. After that if there’s still a dispute we’ll litigate in federal court. I like that the magistrates are free mediators and the bad faith damages arguments get more results.
The standard fire policy has a 2 year prescriptive period but it can be cut down to one year. I read a 2019 LASC case Smith v Citadel recently that gives a 10 year prescriptive period for bad faith damages under 22:1973. Obviously would never wait that long to sue but it’s good to have as a backup.
Posted on 10/26/21 at 6:48 pm to SaintsTiger
quote:
3. Contested the insurer’s valuation in writing via certified mail
How necessary is this? If you email and receive a response acknowledging receipt does that accomplish the same thing?
Posted on 10/26/21 at 10:08 pm to OceanMan
quote:
How necessary is this? If you email and receive a response acknowledging receipt does that accomplish the same thing?
Doesn’t have to be certified. You have to send ‘satisfactory proof of loss’ and demand therefor in order to start the bad faith clock. No particular form is required. Satisfactory proof of loss is anything sufficient to put the insurer on notice of the nature and extent of your claim. One caveat is that if your insurance carrier requires a specific proof of loss form then you have to use it. Check your policy. Usually email will be fine though.
This post was edited on 10/26/21 at 10:16 pm
Posted on 10/26/21 at 10:22 pm to SaintsTiger
Don’t hire car accident attorneys to do your first party claim; there are a couple of year round storm/property lawyers in the state who do this year round and they are charging 10% presuit if new funds. Two are in Metairie.
Posted on 10/27/21 at 8:18 am to SaintsTiger
quote:
One caveat is that if your insurance carrier requires a specific proof of loss form then you have to use it.
I’ve actually read some case law that says this isn’t accurate
The reasoning is that if they have a specific form and withhold the form, they essentially control the timing of when you can submit your proof
My particular claim is going to get interesting. Been doing a ton of research. The whole concept of proof of loss is crucial to these claims and it’s not always easy to establish with complicated claims.
But, what everyone needs to know that goes through this is don’t wait on insurance, the rules are favorable to them if you don’t submit estimates, engineering reports, etc. Once you start submitting those docs, a new clock starts that is much less favorable to them.
Posted on 10/27/21 at 8:27 am to Joehat
quote:
there are a couple of year round storm/property lawyers in the state who do this year round and they are charging 10% presuit if new funds. Two are in Metairie.
Can you share any info on this?
Posted on 10/27/21 at 8:45 am to OceanMan
quote:
I’ve actually read some case law that says this isn’t accurate
Dude use their form if they give it to you. And check your policy. Don’t not use their form or follow their directions just because you read some cae law. Will be one more thing to argue about even if you can get it paid regardless (sometimes you won’t under conditions precedent to suit under the insurance policy and the case law). Sometimes a sworn proof of loss is required.
This post was edited on 10/27/21 at 8:56 am
Posted on 10/27/21 at 9:14 am to Joehat
quote:
Don’t hire car accident attorneys to do your first party claim; there are a couple of year round storm/property lawyers in the state who do this year round and they are charging 10% presuit if new funds. Two are in Metairie.
I think I know of at least one you are referring to and he is an absolute clown.
Posted on 10/27/21 at 9:34 am to SaintsTiger
quote:
Dude use their form if they give it to you. And check your policy. Don’t not use their form or follow their directions just because you read some cae law. Will be one more thing to argue about even if you can get it paid regardless (sometimes you won’t under conditions precedent to suit under the insurance policy and the case law). Sometimes a sworn proof of loss is required.
What I am saying is they may never provide it. So if they are not willing to provide it, you need to try and establish proof of loss beforehand, as the courts have accepted other forms in the past. You said yourself no specific form is required and that is why.
I agree don’t refuse to use their form if it is provided, but more importantly don’t hold back info that could be considered proof because you don’t have the form. That’s my point, do everything you can to leave nothing up for debate
There is even a case where the court deemed proof of loss to occur when the field adjuster visited the property, so it’s definitely flexible.
Posted on 10/27/21 at 11:26 am to OceanMan
Yeah man how I defined satisfactory proof of loss above comes straight from the cases. Of course send in your docs and cooperate with the insurer. Good luck with your claim!
Posted on 10/27/21 at 12:20 pm to SaintsTiger
Does the field adjuster's report count as satisfactory proof of loss or is that something that can only come from me? It's been over a month since my field adjuster came out and I've had contact with anyone at my insurance. Unless generic email responses of "your report has been received and is under review" count.
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