PROPERTY LOSS CLAIMS IN SEATTLE & WASHINGTON

Fire, Flood, Earthquake, Industrial Spills

A FIRE OR LEAK DAMAGES IN YOUR SEATTLE HOME OR BUSINESS: Now what do you do?

So many questions, and so little time. But every step you take beginning immediately after a loss can have very serious consequences to you. If you take a misstep, or you rely on bad information or someone else’s agenda, you could end up with a huge, uncompensated loss. Here are some common steps and questions that arise when a casualty loss occurs. Consult a qualified lawyer to find out what you should do.

1. Photograph everything before you move a thing. Take dozens of pictures.

2. Estimate the damage. Is it a few thousand or a few hundred thousand dollars?

• If so, you should notify your insurance agent or broker. But do not allow them to record a statement without your attorney present, and do not fill out a claim form, proof of loss, or estimate of the damage without consulting counsel.
  
• If the damage is limited to a few thousand dollars, you may not want to file an insurance claim. But you may need an expert to help you determine whether water or contaminants have made their way into the structure or elsewhere, leading to hidden damage such as mold.
  
• If you have major damage, you may have no choice but to file a claim.

3. Should you submit a claim? If so, how?

• Typically a claim is submitted through an insurance agent or broker. But it may be better to let your attorney submit the claim. In any event, do not allow your adjuster to record a statement without your attorney present, and do not fill out or sign a claim form, proof of loss, or estimate of the damage without consulting counsel.
  
• If you have a big loss, and you have time, find your policy and call an insurance lawyer.
  
4. Will the claim be covered?

• Have you ever read your insurance policy? If so, could you decipher what language it’s written in?
  
• Do you think your insurer is going to help you understand the policy?
  
• What clause in the policy may apply to the loss?
  
• What exclusions will the insurer cite to deny coverage?
  
• If any part of the home or building is made unusable because of the damage, there may be additional coverage for that aspect of the loss.
  
• Remember, your insurer makes money from collecting premiums, not from paying claims. Your insurer is not your friend.

5. What effect will filing a claim have?

• Will you be marked as a “claim filer,” leading to higher premiums?
  
• Will they cancel your policy because you filed a claim?
  
• Will the claim be rejected anyway?
  
• What if you or your tenant had some role in causing the loss?

6. Should you find your own contractor to perform repairs? Absolutely not.

• Most contractors are inexperienced in this type of repair, and thus their bills may be much higher because you will pay for their learning curve. Repairing damage is very different from new construction, so you will do best to hire a specialized contractor that regularly deals with these types of repairs.

• You may need to file suit against the original builder, or perhaps your insurer. The repair contractor will have to document all the conditions, including photographing the damage and repairs and even saving evidence such as a broken pipe or damaged hardwood flooring. Most contractors often have no idea about the need to preserve such evidence and to provide notice to others such as your insurance adjuster.

7. Do you need a cause and damage expert?

• If you had a fire, you may need to determine the cause? Was it an electrical fire? Was it due to faulty wiring, or you used the electric frying pan to heat your bed?

8. Did you build or remodel the home yourself, or did you hire a contractor?

• You may have claim against your prior contractor. (Link to Construction Defect page)

As you can see, dealing with a huge loss to your home or building is both traumatic and complicated. Unless you are the type of person who does your own dental work even though you aren’t a dentist, we suggest that you do not do your own legal work either. You may have a well justified claim, but if you say the wrong thing, your insurer will use it to deny coverage and leave you with the mess and the repairs. So find an experienced insurance attorney to advise you. Not an independent adjuster, and not a “claims specialist.” The difference could be hundreds of thousands or even millions of dollars. Your dollars.

At Levy • von Beck & Associates, we have years of experience fighting for home and building owners in the Seattle area who suffer casualty losses. We have turned many rejected claims into winners, sometimes by arguing over a single word in the policy. So whether it is the day of your loss or any day after that – including even after your insurer has denied your claim – consult with us to ensure that have retained the fullest recovery possible. We work with adjusters, attorneys, experts, and repair contractors in Washington & Oregon to develop and execute a plan that will restore your property and minimize or eliminate any out-of-pocket expense for you.

Call us or e-mail us to discuss your claim. In many instances, we work on contingent fee, so that you will not pay any attorney fees unless and until we recover money for you.