Denver Area - Bad Faith Insurance lawyer on contingency?

Question

Hey Folks,

My insurance company wants to settle for about 1/6th of what I think I am owed between lost rents, clean up and restoration - there is asbestos mitigation involved.  Are there any bad faith insurance lawyers out there that will work on contingency to help me get closer to my actual losses?

Thanks!Cary

Travis Sperr · Answer

You might consider looking for a public adjuster before a lawyer.

Bill S. · Answer

@Cary Plotkin another broken item in the system. NO work until the amount of the claim is set. The only exception is the work that is necessary to preserve the property. It took my contractor a couple of months to get the insurance company in line. Meanwhile they paid my lost rent for that time. It's completely messed up but you have to play the game. The insurance company will only talk to contractors that are pre-approved as you found out. Contractors that know the business know how to work they system and they won't do work before the scope is approved and if they find something additional they stop work until it is approved.

Wayne Brooks · Answer

First, make sure all those things are actually covered by your insurance, as they likely are not.  We all tend to go for the affordable policies, not the worst case policies.  I would think asbestos mitigation wouldn't be covered.

Account Closed · Answer

Roy N.  It is often covered because the asbestos did not need to be removed or remediated prior to the damage.

Tavisha Grant · Answer

Hi Carey. I'm a public adjuster in Arizona and I would first talk to a local public adjuster before going to an attorney. You may have to go to appraisal (an informal arbitration process) when there is a dispute regarding the value of a loss. It's much less expensive than ligation.  Most PAs will charge between 10-15% contingency or a higher percentage if they are taking a fee only on "new money" over and above what you've already received. Most policies cover asbestos abatement. Only the cheap non-standard policies don't include it here in Arizona.  Contact me if you have questions. I can't represent you as I'm no longer licensed in Colorado, but I can help point you in the right direction.

Tavisha Grant, Public Adjuster, Property Claim Adjusters, Phoenix, AZ

Cary P. · Answer

The insurance adjuster refused to contact the contractor that did the clean up.  The adjuster has done a half-assed job, so I need to fight back.  He only went off the police report that I filed before a contractor got involved with the clean up and discovering the extent of the damage.  This should be big enough to get others involved, certainly better than the $5k they tell me they will pay.

Bill S. · Answer

@Cary Plotkin if you hire a contractor that specializes in insurance claims, they know all the language to bend the insurance company to your way of thinking. I can't believe how bad the system is messed up. They won't give the own the time of day but if you are a contractor "in the business" then they step in line but you also pay the going rate to the contractor. The going rate is about 2x what I can get it done for but I haven't had a claim large enough to get the public adjuster involved. They typically take a % of what they get above the amount offered to you.

Cary P. · Answer

Thanks!  From experience, I know that DORA takes forever.  I'm 6 months into another complaint and they haven't even started yet.

Matt M. · Answer

@Cary Plotkin You might look into filing a complaint with the division of insurance via DORA: https://www.colorado.gov/pacific/dora/node/102256

Also look at the BBB.

I'd start there before paying for an attorney. Good luck!

Cary P. · Answer

Thank you all for the replies.  I have reached out to a local adjuster mentioned by one of you.  I'll keep you posted on how it goes!

Denver Area - Bad Faith Insurance lawyer on contingency?

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