All Forum Posts by: Jose Linares

@Alex De Alba The tree fell due to high winds and you are not liable for the damage to the vehicle.  Had you been notified by the city or a neighbor of issues with the tree prior to the incident, there may have been some liability... but that is still rare.

The owner of the vehicle should file an insurance claim under the comprehensive coverage of their auto policy.  This photo is a great illustration on Comprehensive coverage.  Please note... I am NOT endorsing Allstate, I just think they did a great job on that marketing piece. =)

@Jeremy G.  Definitely file an insurance claim.  This type of loss would be covered under your landlord policy.  A majority of these types of damages fall under vandalism, unauthorized repairs, & faulty workmanship.  Are you living in one of the units that you were able to hear all of this?

To assist with coverage for these damages, be sure to provide your adjuster with a timeline of events. 

• Date property was purchased: August 2019
• Invoices for all work completed prior to closing.
• Date tenant stopped paying rent.
• Date you provided tenant with eviction notice.
• Dates that you heard renovations start.

All this will give the adjuster a timeline to illustrate "malicious intent" by the tenant.  The items that may be considered "wear & tear" are the holes in the drywall & carpet stains from wine.  However, based on the extent of all the other unauthorized repairs & damages, that is minimal.

I would advise against hiring a public adjuster or lawyer at this point.  The fees associated with their services often take away from your settlement and the true cost for the repairs.  Instead ask friends, family, & local investors for any restoration contractors they would recommend in the area.  They will not charge you a fee and can give you a real world estimate on the cost to bring the home to "pre-loss condition" and your standards.  They may also already know your adjuster and can expedite the claims process.  

Give your insurance carrier and adjuster an opportunity to meet with you, explain the claims process, and address your concerns.  Should you feel they are not providing you with the services & coverage warranted, you can always consider an attorney or public adjuster at a later date.

I hope this is helpful.  Feel free to send me a PM with any additional questions.   

@Alex Smith Everyone has their own opinion on Public Adjusters and I tend to see more BP members recommend hiring a public adjuster immediately.  As a former insurance adjuster, I would advise against using a public adjuster at this point in the claims process.  The Public Adjuster will attempt to increase the settlement of your claim, but realistically will take that portion they increase as their fee.  Often times, they actually take away from your settlement because they could not negotiate a large enough settlement from the insurance carrier, but you still owe them your fee.

Give your insurance carrier and adjuster an opportunity to meet with you, explain the claims process, and address your concerns.  

Instead of hiring a Public Adjuster, I would recommend asking friends, family, or BP investors for restoration companies they personally have used in the past.  Restoration contractors deal with insurance losses daily, may already have a relationship with your adjuster, and will submit a proposal for the cost they need to have the work completed to "pre-loss condition" and your standards. You also won't have to worry about them taking a money away from your settlement since they will get an agreed upon scope with the adjuster.  

Feel free to PM me with any additional questions.

@Eric Omanoff How serious were the damages?  Is there structural damage requiring an engineer?  Does the owner have a mortgage on the home? If all the repairs are completed and the home is brought back to pre-loss condition, or better, there won't be any issues.  I am sure there are investors that may still be interested, even if the repairs were not completed.

The value of the settlement typically is not a factor in obtaining future insurance.  The cause of loss and frequency of claims play a large factor.

Keep in mind that hiring a public adjuster may not ensure a higher payout for the owner, but it will ensure a portion of the settlement is paid to the public adjuster.

@Michael Williams The insurance carrier will issue a payment based on the estimate completed by the adjuster.  The owner has the right to choose any contractor they wish to complete the repairs.  The insurance adjuster may provide referrals to contractors, but the choice is ultimately up to the owner.  

If the owner is a contractor, he may choose to complete some or all of the work himself.  And yes... if he is planning to sell the home, he may indeed keep the funds and sell the home without any repairs being completed.

Let me first state that I am not a CPA and you should consult one directly, but this is my experience as a former claims adjuster. Typically, the insurance proceeds are not considered taxable income.  However, if a profit is made, that is a different story.  When did he purchase the home & what was the original purchase price?  Since this home is in a historic district, there is a high probability it was purchased much lower than even the cost for repairs. 

If he purchased the home for $25K and is receiving an insurance settlement for $60K, he is making a profit.  The insurance settlement exceeds the original cost of the damaged property.

In addition, if the owner has not received an estimate from his insurance adjuster, he most likely only received a partial payment to start the claims process.  That may be another reason why he is waiting on an estimate from his insurance carrier and their contractor. 

I hope this information is helpful.

I am sorry to hear about your frustration.  Safety & piece of mind is extremely important.  Based on the information you provided, the home is uninhabitable.  The Additional Living Expense coverage should have started from Day 1 of the mitigation through the date that all the repairs have been completed.  Especially, if there is no area to sleep.  

Are there limit issues on the ALE Coverage?  Some insurance carriers you need to purchase specific limits ($2K, $5K, etc) and others will pay for all reasonable & necessary ALE expenses (above your normal expenses) up to a year.

The airfare would not be reimbursable. However, they should have paid for an extended stay hotel with kitchenette near your residence during repair process, up to the limits of your ALE coverage.

Has a field adjuster already inspected the loss and it was transferred to a Texas adjuster?  

@Edita D. Has Liberty Mutual already extended coverage for the loss?  What are they changing their minds about?  

Residential insurance policies are fairly standard across all carriers.  They will tailor policies through specific exclusions & endorsements to minimize their exposure on certain losses. The biggest area of variance in the claims process comes down to the adjuster based on their level of experience and the volume of claims they are handling. 

@Rik Shaw what were you questions or concerns regarding the coverage for rain?  Every carrier is different on their coverage with weather-related damages.

@Andy Bailey gave you the best solution.  You can download the UPS label and ITEL form directly from the website.  Manufacturers change their shingle style often to push for more replacement than repair options.  IF the exact color is not available, ITEL will typically provide you with a comparable color and purchasing options.