Insurance Claim - How to handle it now?

3 Replies

Hello,

Had a insurance claim filed 2 years ago, insurance company did low ball settlement initially. So went with attorney to fight the claim. With attorney it was understanding that insurance company will pay him and not me once claim is paid. 

After 2 years, insurance company found that there was 8 years old claim in same area. Majority of the work was completed back in 8 years ago but some minor work was not completed. Now, based on that, insurance company first tried to deny the claim and letter  offered settlement of only 10k while actual repair caused by recent damage is more that 40k. 

Attorney suggested to accept the offer so I agreed. 

Now attorney is turning back on me and saying he will keep 10k settlement all to him and I will not get ANY thing. For now I have asked insurance company to not send check until I get this resolved with attorney. Attorney is not accepting anything other than keeping all 10k settlement.

In addition to this claim, there is another hurricane related roof claim also pending that is being pursued by same attorney.  

Can you PLEASE guide me how to handle this situation?

How are typically attorney are compensated when they fight for insurance claims? How should I handle insurance company? My attorney and his handling of insurance claims?

Is there any way I can complain to get this resolved?

MANY THANKS.

You can ask for the attorney fees and court costs to be paid by the other party IF you win in court. If you choose to settle, then you need to ask for attorney fees as part of that settlement. Otherwise, the cost is on you.

Samy,

I would contact the insurance department in your state.  Find out if there are any laws or regulations that impact the legal fees.  Also, ask about whether or not the company is obligated to pay for the damages and then subrogate against the responsible party.

The next thing you want is info on who failed to complete the work.   Was it the prior owner who just chose not to do the repairs (then you need to look at disclosure laws) or did the contractor who was supposed to repair it not complete it.