Alternative Means of Repair
Cheryl Atwood is happy that there’s no policy exclusion for carelessness. She often has so much on her mind that she does things without thinking. Like taking a hot pot and placing it on her Formica countertop.
The adjuster surveyed the damage and had a terrific idea. “You do a lot of cooking don’t you? How about if we cut out the burned area of the counter and put in a custom cutting board? Real nice, top of the line butcher block? And not just a small one, a really good sized? You’ll really make the kitchen.”
Cheryl just improved the appearance of a kitchen. The adjuster reports he made the settlement for the cost of a cutting board.
Truth is, just as an appearance allowance, Cheryl has the right to have all her countertops replaced. The $100 cutting board was no substitute for placing her back the way she was before the accident. Never accept a partial replacement, whether it’s for countertop, tile floors or a roof. Never accept the statement that the insurance company only owes to replace to the best of their ability. If it doesn’t look right, they must be replaced. If they want to try, let them, but if it doesn’t work, have them replace everything. Don’t allow them to take money for a failed repair from the policy’s coverage amount.
MySmartClaims will ensure the estimate includes the full cost of repair.
Punitive Actions
In years past, insurance companies used punitive action if they thought fraud was involved.
Today, it’s used as a threat and even punishment on the policyholder to get him to submit to their offer. Sarah and Colin Mackenzie had insisted on the rights of indemnification, which was going to cost the insurance company serious money. Since we can’t get together on this, the company is going to want you to submit to examination under oath, explained the adjuster. In about six weeks and Attorney will fly and sit down and ask you questions under oath. Should take 2 to 3 days. He’ll probably question you, your family and maybe your maid. He’s going to need your financial records and tax return for the past five years and everything on this list, as well.
The list was 72 items long, most of which have little or nothing to do with the loss. The Mackenzie’s were frightened, confused and about to be immersed in paperwork, lawyers, and examinations under oath, even questioning the maid? Does the insurance company think Colin Mackenzie created the hurricane for his own monetary gain?
Truth is, the insurance company has the right to call for an E.U.O. You can have an Attorney or public adjuster present. Ask why you need to show five years of record, when the IRS only goes back to three. Get his response in writing. As for the list of demands, write on the list, next to the first item, why do you need this? Then place dough dittos alongside every other item on the list. The insurance company has to respond in writing to each question. And the response has to go in the file. They usually give up on that request. When you do go for examination, say as little as possible. The more information you offer, the more they can request and the longer they can keep you out of compliance. One thing more. Once you submit to an E.U.O., the clock is running on their proof of loss. No more delays from them. If they don’t respond in the allotted time, they give up most defense rights and can face bad faith claims.
MySmartClaims provides the insured a bona fide estimate that will stand up to scrutiny in court.
