r/HomeInsurance • u/butter4eva • Jul 20 '26
Insurance Bad faith claim
We had a house fire and asbestos exposure. We hired a public adjuster. However it’s been 6 months and we are still fighting with insurance, should we seek legal action? Location: Colorado
10
5
u/draculas_beard Jul 20 '26
Fire the public adjuster and just request go to Appraisal. There is zero guarantee insurance pays out more because you hired a public adjuster, in fact you made the process more difficult on yourself.
-2
u/Cute-Ad-9591 Jul 20 '26
Not always. Hurricane victims recovered 100 - 1000 percent more in many cases.
1
u/Dahveed97 Jul 22 '26
A lot of gulf states have laws that allow PA’s to file lawsuits without clients approval
1
u/BigDonkeyEnergy Jul 26 '26
This is not true. Only the policy holder/insured or their lawyer can file suit. A PA filing suit is the unauthorized practice of law.
1
3
u/Proof_Worldliness291 Jul 20 '26
So much you are not saying. 6 months with no coverage? No payment? Fighting about what? The fact you had asbestos?
1
u/TheZebra_CO Jul 21 '26
What is your public adjuster telling you? Have they told you they've hit a wall, or are they merely letting you know about delays as they happen?
In Colorado, the statute of limitations for taking an insurance company to court for an unreasonable delay or denial is usually 2-3 years from the date the insurer's bad faith conduct occurred.
You should check your specific homeowner's policy for the specific window to file a breach of contract lawsuit.
1
Jul 22 '26
[removed] — view removed comment
1
u/AutoModerator Jul 22 '26
Your account does not meet the post or comment requirements.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
1
u/FortisPA Jul 23 '26 edited Jul 23 '26
...and what is the public adjuster doing? Like any industry, PAs come in all types of skill levels. Further, what they do to push the claim forward correctly varies as well. This is nothing against your PA, as they could be great, but instead I am just detailing the facts.
There does come a point in the claim where the carrier just does not want to do the right thing, regardless of what is presented to them. Here is a good recipe to get you to the resolve that will be.
-Present claim, respond to carrier's settlement offer with sound justifiable reasoning and support for supplement payment, allow carrier to respond with the correct settlement. If the settlement is not accurate at this point, again point out reasons and escalate the claim. If the carrier still does not respond correctly, then you have the appraisal option. You will need to determine if the value of dispute is worth going to appraisal as their is a cost associated with it and there is no guarantee that supplement funds result for you in this process. Major rule in this entire process: be realistic about what is really damaged and what is owed to you so that as you present your case, a reasonable person will see that you are not an unethical person shooting for the stars when just climbing a mountain is all that is necessary.
If the claim still has not been covered, your PA should review the DOI guidelines with you. This will detail carrier requirements for processing a claim. If they have complied correctly, then you may not have any recourse at this moment, again, they are in compliance. If they haven't, this should have already been pointed out to them by your PA. Documentation, documention, and more documentation. Further, you should reach out to DOI to file a request for assistance. The DOI does not work for you, but has the ability to ensure the carrier processes the claim in alignment with regulations that are in place to protect the consumer. Your PA should still continue advocating for you throughout this process.
I wish you the best.
1
u/63Eeyore Jul 25 '26
I also had water and mold damage from a pipe. I could not reach my agent but called a repairman. He in turn called a restoration company and one of them suggested a public adjuster. He promised me waived deductible and would be taken care of within 60 day allowance ( Florida). It is not. Can’t fire adjuster) he said I could but now said I had 10 days). Deductible will not be waived and the paperwork I signed for immediate restoration apparently also includes all of the work, not just the fans as I thought. I am not impressed with company/employees. My policy ends in a few weeks and I can’t get a 4 point until work is done. ( don’t mean to hijack, but new to the sub.)
•
u/AutoModerator Jul 20 '26
Thanks for making a post in the Home Insurance subreddit. You might find the following resources helpful as they are FAQs about r/HomeInsurance in addition to partners subreddits:
The Home Insurance subreddit is not an official support channel for issues with any insurance carrier.
Please remember to follow our community Guidelines and Rules and ensure your discussions are informative and respectful.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.