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Started By
Message
re: Ida/engaging law firm to handle property claim vs. directly dealing w/insurer
Posted on 10/27/21 at 1:42 pm to cbdman
Posted on 10/27/21 at 1:42 pm to cbdman
I Have $300K in damages. I talked to a contractor who gave my number to his PA... The PA called and said they receive 10% and the lawyer 10% ($60K of my money) if I go with them. This did not include the General contractors fees or repairs. I decided to do the contracting of the work myself. These phone calls just happened in the last week. IDA damage.
2
Posted on 10/27/21 at 2:04 pm to cbdman
If you have State Farm, go ahead and start with a lawyer. They're going to tell you to go screw yourself with anything less.
Posted on 10/27/21 at 2:17 pm to cbdman
(no message)
This post was edited on 10/27/21 at 2:25 pm
Posted on 10/27/21 at 2:20 pm to Piece
quote:
Does the field adjuster's report count as satisfactory proof of loss or is that something that can only come from me?
It really depends. The way that the statute reads is “insurer shall pay the amount of any claim due to insured within 30 days after receipt of satisfactory proof of loss from the insured or any party in interest”
So it says that it has to come from the insured to start the clock, also “satisfactory” proof is subjective. Further, if they have a reasonable basis to dispute the proof, they can delay payment - so more grey area.
However there have been cases where they deemed the report from the field adjuster as satisfactory proof. Also the adjuster may be dragging arse submitting the report.
There are a ton of variables, so the best thing an insured can do is get estimates and submit everything you can, and like SaintsTiger said cooperate with insurer.
This post was edited on 10/27/21 at 2:24 pm
Posted on 10/27/21 at 2:42 pm to Piece
quote:
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.
Well, yes and no. Yes in the sense that any damage the adjuster discovered and put in his report should get paid within 30 days.
No in the sense that any damage not discovered by the adjuster wouldn’t be included in that. So you’d have to send in a separate proof of loss for what they missed.
Here’s a Case Link that discusses this some, and a blog I wrotesummarizing the important Louisiana Bag decisión a while back.
This post was edited on 10/27/21 at 2:44 pm
Posted on 10/27/21 at 4:46 pm to michaeldmzscout
quote:
I Have $300K in damages. I talked to a contractor who gave my number to his PA... The PA called and said they receive 10% and the lawyer 10% ($60K of my money) if I go with them. This did not include the General contractors fees or repairs. I decided to do the contracting of the work myself. These phone calls just happened in the last week. IDA damage.
If the contractors estimate is really thorough and on Xactimate you probably don’t need an adjuster to make a new estimate. Also it’s against he law for PAs to do contingency fee contracts in Louisiana. Still Couldn’t hurt for you to talk to one and see what value they’d add to the contractor estimate and negotiate a flat fee if you want to go that route.
This post was edited on 10/27/21 at 4:48 pm
Posted on 10/28/21 at 8:24 am to michaeldmzscout
quote:
The PA called and said they receive 10%
This is 100% illegal lol.
Posted on 10/28/21 at 8:50 am to DevilDagNS
quote:
This is 100% illegal lol.
I didn’t even know this. They supposed to just get paid hourly or flat fee?
Posted on 10/28/21 at 8:55 am to OceanMan
quote:
I didn’t even know this. They supposed to just get paid hourly or flat fee?
Correct. They cannot be paid a contingency on any recovery. And whatever lawyer is in on that scheme should be reported to the bar.
Posted on 12/10/21 at 10:27 am to DevilDagNS
Bump. Looking for any recommendations for atty that specializes in property damage
Posted on 12/10/21 at 10:36 am to cbdman
Start with the department of insurance
Posted on 12/10/21 at 11:44 am to wickowick
quote:
Start with the department of insurance
In georgia, i would recommend a public adjustor. Their fees are included in the claim. That may not be the case for LA.
My second recommendation would be to go to the insurance commissioner if the insurance company is failing to do their duty as the insurer. This can create a lot of headaches for the company and may clean up their issues (or confirm that they are following procedure and that you arent owed more by law).
Attorneys only make sense for pain and suffering and punitive damages, in my opinion.
This post was edited on 12/10/21 at 11:45 am
Posted on 12/10/21 at 11:48 am to cbdman
It's all about cash flow to those law firms who will have a clerk, maybe even a paralegal do all the negotiating. They will settle as quickly as possible in most cases and get their 1/3.
My ex worked for Aetna negotiating large liability claims and loved any law firm which advertised on TV, easiest and cheapest to settle with
My ex worked for Aetna negotiating large liability claims and loved any law firm which advertised on TV, easiest and cheapest to settle with
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