[rlathery]

Weeks ago our apartment flooded in the middle of the night. Management and maintenance have come to survey any and all damages. I was told "Insurance will take care of this." And thus relocated to another apartment. Two weeks later I receive a paper, stating we may be at fault by the hired insurance company. I told the insurance adjuster, that I don't kow what cause the flood. He asked if "Your [my] son might have stuck something in the toilet." I replied "I didn't know if something obstructed the flow, he was two, and that I couldn't exactly ask." I received a letter stating we we're negligent. I feel furious for many reason, but here are just a few reason. First off, the toilet wasn't inspected by an unbiased person, nor was it inspected at all. No actual evidence was recorded or has been given to me as proof of negligence. Can they or will they have a case, if there is no actual evidence. If it is all heresay will this hold up in a court of law? We're are a one income family. I feel like this insurance adjuster is wanting to investigate because they do not want to pay 13K for damages. If they we're to cover it I certainly know the number 13K would completely change as it would be there money. Any advice please?

[excon]

Any advice please?

Hello r:

Don't talk to the adjuster again - EVER, unless he's handing you a check. I think it IS time to hire a lawyer.

excon

[rlathery]

Hello r:

Don't talk to the adjuster again - EVER, unless he's handing you a check. I think it IS time to hire a lawyer.

excon

I'm sorry I didn't clairify, this is a tenant-landlord issue. The lease does state we are at fault for any clogs, however I'm not shelling out 13K for the Possibility here. This is not make a wish fondation, we don't do maybe's and possibilities. I want actual evidence like, Like I see prof.White holding the damn candel stick in the library. This man isn't going to garnish my wages without some damn evidence!

[excon]

I'm sorry I didn't clairify, this is a tenant-landlord issue.

Hello again, r:

I understood the circumstances.. My advice is the same. The adjuster represents your landlords insurance company, and they don't want to pay.. If you talked with them, you may very well have given them the ammo they need to deny your claim.. Don't do it again.

excon

[rlathery]

Can he really do that, when all I said was IDK?

[excon]

Can he really do that, when all I said was IDK?

Hello r:

This isn't about what's right.. It's about who wins. He represents the landlord. He doesn't want to pay... He's NOT going to either, unless you FORCE him. If all you've received from him so far is a letter asking you to tell him WHY he should deny your claim, then your claim is STILL open.. Before you hire a lawyer, make sure he's going to deny you.. I don't know. Maybe you convinced him and a check is in the mail... (snicker, snicker)

Is the $13k YOUR losses or the landlords?

excon

PS> I'm sure you said more than IDK. But, HE knows. He taped it.

[joypulv]

One thing I would do is find out what exactly was found in the clogged pipe, and where.
Also what floor were you on out of how many floors?

[rlathery]

One thing I would do is find out what exactly was found in the clogged pipe, and where.
Also what floor were you on out of how many floors?

2 out of 2 floors and no clog was found, because the toilet wasn't inspected and this is because they are sorry. And no none of my stuff was damaged! Only the property!

[rlathery]

[QUOTE=excon; I'm sure you said more than IDK. But, HE knows. He taped it.[/QUOTE]

I'm certain all I said I was uncertain and I explained the company was negligent because I've made several complaints about issues and it took them weeks to fix the issue, also he can't record me without telling me, or he did it without my knowledge because he didn't inform me.

[excon]

I'm certain all I said I was uncertain and I explained the company was negligent because I've made several complaints about issues and it took them weeks to fix the issue, also he can't record me without telling me, or he did it without my knowledge because he didn't inform me.

Hello again, r:

Some states require BOTH parties to agree to a phone call being taped, and some are ONE party.. I don't know where you live.. But, that's beside the point. He may not ever USE the tape in court, but I promise you, he DID tape it.. You don't really expect them to play fair, do you? Look. The time when you could count on a company's good will is LONG past.

Besides, as I read further, you don't have a loss. This is between your landlord and his insurer. I'd leave it at that, until and if you're brought into it.

Of course, renters insurance would have protected you. It's cheap, too.

excon

[rlathery]

Of course, renters insurance would have protected you. It's cheap, too.

excon

I have renters insurance, but only covers damage of my property, meaning my belongings, I have been brought in to it. I'm just worried they will take me to court over this, just want to know if something like this will hold up in court when there isn't much evidence! All heresay

[excon]

I have renters insurance, but only covers damage of my property, meaning my belongings, I have been brought in to it. I'm just worried they will take me to court over this, just want to know if something like this will hold up in court when there isn't much evidence! All heresay

Hello again, r:

Couple things... You have NOT been brought into it, except as a POSSIBLE witness. Right now, this is between the two of them.. NOBODY is billing you. I'd stay OUT of it. I mean ALL the way.. I wouldn't speak to the insurance company, and I wouldn't speak to my landlord... You have EVERYTHING to lose by doing so, and NOTHING to gain.

In terms of your renters insurance... It seems to me that liability & personal loss go hand in hand. I don't understand why you buy one without the other.. Certainly if your things get damaged, the building around them are going to get damaged too... I'd read your policy again.

Thirdly, you have no idea what they found, or whether they found anything at all. If they sue you, they'll have MORE than just hearsay. But, that possibility is a long way off.

excon

[rlathery]

Hello again, r:

Couple things... You have NOT been brought into it, except as a POSSIBLE witness. Right now, this is between the two of them.. NOBODY is billing you. I'd stay OUT of it. I mean ALL the way.. I wouldn't speak to the insurance company, and I wouldn't speak to my landlord... You have EVERYTHING to lose by doing so, and NOTHING to gain.

In terms of your renters insurance... It seems to me that liability & personal loss go hand in hand. I don't understand why you buy one without the other.. Certainly if your things get damaged, the building around them are going to get damaged too... I'd read your policy again.

Thirdly, you have no idea what they found, or whether they found anything at all. If they sue you, they'll have MORE than just hearsay. But, that possibility is a long way off.

excon

I'not being sued yet, but they keep calling, I have a consultation with a lawyer Wednesday of next week. I'm nervous. I called my insurance company and they said it strickly covers accidental damages. But my insurance adjuster stated that if it went to court they wouldn't have much, because they haven't given us an opportunity to hire a public adjuster or a plumber. As they are already doing constrution. In the paper I received from the Insurance adjuster for my apt complex. It states "Our investigation finds you liable for our insured's damages unther the theory of negligence. You had a duty to verfiy the toilet stopper working and breach this duty, by failing to do so." But I see THEORY, which means -Ideas attending to explain.- And my reply will be, how am I suppose to know the toilet was not functioning correctly. I verbally told the man weeks before there was a problem with the toilet, he failed to look at it, as well as follow up. Even though he is denying I said anything. Also why wasn't I present during the claim examination of the damaged property. Shouldn't I be present, shouldn't I have a right to hire someone to survey the damages, I apparently caused. And never mind the fact the people are going on theory. And I offered to hire an unbiased person. How is it right, the person they hired, which is an employ with the company, could say anything, wouldn't he side with his company, never mind he has denied any knowledge of the verbal warning I gave him. Yet I am responsible. With no opportunity to defend myself, they are already covering up the damages... its too late!

[excon]

Yet I am responsible. With no opportunity to defend my self, they are already covering up the damages...its too late!

Hello again, r:

Couple things.. You're NOT responsible.. But, the MORE you talk to these people, you're going to be FOUND to be responsible...

Look.. I had a car wreck yesterday.. I could write you a letter telling you that after my investigation, YOU are responsible... So? Does that MAKE you responsible?? Nope, it doesn't...

Stop talking to them... Let me know when you get a bill.

excon

PS> (edited) You say your renters insurance covers "accidental" damages... THIS looks pretty accidental to me, doesn't it?? Besides, the word "accidental" doesn't tell me if you were covered for LIABILITY... That is the word I'd be interested in.

[JudyKayTee]

[QUOTE=rlathery;3202317]Shouldn't I be present, shouldn't I have a right to hire someone to survey the damages, I apparently caused.[QUOTE]


I'm a liability investigator - stop talking to people. Excon is absolutely 100% correct. You are busy defending yourself and, in the process, are digging yourself in deeper.

Your own language is damning you - "damages, I APPARENTLY CAUSED"!

You just admitted to "apparently" causing the damage!

Stop talking to people - I have no idea what you are saying in person and your words will be used against you.

[Fr_Chuck]

Agreed, the more you talk the more you may have to pay, never never talk to people in times like this, They have to PROVE you were responsible, you don't have to prove anything. You can sit there with your mouth shut and not pay a dime, you can talk and owe money the rest of your life.

[rlathery]

[QUOTE=JudyKayTee;3202667][QUOTE=rlathery;3202317]Shouldn't I be present, shouldn't I have a right to hire someone to survey the damages, I apparently caused.

I'm a liability investigator - stop talking to people. Excon is absolutely 100% correct. You are busy defending yourself and, in the process, are digging yourself in deeper.

Your own language is damning you - "damages, I APPARENTLY CAUSED"!

You just admitted to "apparently" causing the damage!

Stop talking to people - I have no idea what you are saying in person and your words will be used against you.

I've only talked to him once. And I got the bill a couple of days ago, he keeps calling and calling. How can I push back the calls without letting him know I'm consulting with a lawyer? I don't want him to find out, out of fear he might get one too. Also I say "Apparently" is that is how he sees it. And I have kept quite, no calls to him. But it won't be long before he does take it to court. I want this mees over with, I can't believe they are just expecting me to write a check. Like I have 13K? I don't have any... this economy has destroyed my business. I had to close it up a year ago and work from home. My husband, who I love so much left school to work full time at his job. Went from making 60K a year to zilch in our savings and 35K a year. I'm just scared. We are almost out of debit... THANK GOD. But 13K and garnish of wages, would make it impossible for us to survive, never mind the fact I am hashing out $$$ for a lawyer using credit cards. Really I don't know why, The own of my apt just doesn't say, there was a problem with the toilet. He knew there was, but he is calling me a liar and it's insulting, but what's more insulting is this insurance adjuster, blames my 2 year old and I'm certain if that was him and his child, he would feel the same.

[rlathery]

PS> (edited) You say your renters insurance covers "accidental" damages... THIS looks pretty accidental to me, doesn't it??? Besides, the word "accidental" doesn't tell me if you were covered for LIABILITY... That is the word I'd be interested in.

Insurance will cover my stuff. Which is vauled at 12K. They will cover it if I am at fault or they are at fault. I do not have liability of the property. Because we move ever year or so because of my husbands job. It wasn't until 3 months ago his work laid off the travelers account. My husband works for Royston. He travels all over GA installing cabinet in places like walmart, target, whole foods. Now the independent contractors of walmart etc are responisbile for installing them. Now he is boss on 2nd. But it doesn't pay as much. And we we're in the process of purchasing a home, since his work is set to one location. Then all this went

[JudyKayTee]

[QUOTE=rlathery;3202918][QUOTE=JudyKayTee;3202667]

Shouldn't I be present, shouldn't I have a right to hire someone to survey the damages, I apparently caused.

I've only talked to him once. And I got the bill a couple of days ago, he keeps calling and calling. How can I push back the calls without letting him know I'm consulting with a lawyer? I don't want him to find out, out of fear he might get one too. Also I say "Apparently" is that is how he sees it. And I have kept quite, no calls to him. But it won't be long before he does take it to court. I want this mees over with, I can't believe they are just expecting me to write a check. Like I have 13K? I don't have any...this economy has destroyed my buisness. I had to close it up a year ago and work from home. My husband, who I love so much left school to work full time at his job. Went from making 60K a year to zilch in our savings and 35K a year. I'm just scared. We are almost out of debit...THANK GOD. But 13K and garnish of wages, would make it impossible for us to survive, never mind the fact I am hashing out $$$ for a lawyer using credit cards. Really I don't know why, The own of my apt just doesn't say, there was a problem with the toilet. He knew there was, but he is calling me a liar and it's insulting, but what's more insulting is this insurance adjuster, blames my 2 year old and I'm certain if that was him and his child, he would feel the same.

Look, I don't want or mean to argue with you. I'm just pointing out what you said in print. The more you talk, the more you will say. That's all.

I've had rough financial times - believe me, I'm not unsympathetic.

People either get Attorneys or they don't. If you get an Attorney the other side will likewise "lawyer-up."

Here's my problem - and I know you're upset. Keep in mind that I'm an investigator. I talk to people immediately following accidents and incidents and I know upset when I see it.

You are dealing with an insurance matter - no more and no less. This is not personal between/among you and anyone else. It's purely about damages and who will pay. I'm sure you feel your child is being maligned and your ability to parent is being criticized at some level BUT that has nothing to do with the matter. If the insurance adjuster says that you child was playing with cement in the toilet and now it overflows (or whatever) it's part of the game.

I say this kindly - stop defending and explaining yourself. No one is insulting anyone else unless they are looking for a reactive response. Don't pin yourself down with any statements that can be used against you.

Of course he's saying (basically) that you are a liar. You are saying he's a liar. Someone here is lying. Let an insurance company or Judge decide. I wouldn't jump ahead to a judgment against you before there's a judgment against you.

Say you have to think about; say you're busy; say you need the weekend to clear your mind; say whatever you need to say to get off the phone. JUST STOP TALKING!

You have a consultation with an Attorney - ask him/her if your child DELIBERATELY stuffed goodness knows what down the toilet did he have the ability to understand what could happen (at his age) AND if he did (which I'm positive he didn't) are you responsible for his actions in your State. You are responsible, of course, for supervising him but was this incident - if your son did start the ball rolling - negligence on your part?

[excon]

How can I push back the calls without letting him know I'm consulting with a lawyer? I don't want him to find out, out of fear he might get one too.

Hello again, r:

Nobody is going to get a lawyer... You're not, and he's not... For $13k, it's not worth it. The only alternative he's got is small claims court... The max, depending on where you live is, at MOST, $5,000. And, even then he has to PROVE it was you.. You don't have to prove it wasn't. A report from an insurance adjuster who HAS a financial interest in the matter is NOT going to be good evidence against you...

Now, I don't know what you want to do.. We haven't even talked about your future living arrangements.. If you don't pay, and you're not going to, then you're going to be evicted. So, trying to maintain good relations with your landlord so that you can stay, isn't going to work...

Plus, we haven't even talked about the very real possibility that your 2 year old DID do what they said...

So, maybe you should make him an offer. Certainly, he's going to come to the same conclusion about district court vs small claims. Maybe he wants to save you as a tenant.. Maybe you want to stay. I don't know.

So, fill us in again. We're here.

excon