by Guest » Wed Dec 02, 2009 10:33 pm
In Jan. of 2008 my building flooded due to a pipe connector coming off on the third floor. At the time I had a tenant who was behind on rent ( wasn't paying heat either) and was suppose to vacate any day, by the time I found out that the property was empty and the water had run for about 2 days! Needless to say I was devistated because there was frozen ice and water everywhere! Long story short insurance company denied my claim, saying that I didn't take "resonable effort" to maintain heat. But as I said the tenant still occupied the property. It was a stupid tenicallity and I refused to take that and late it go. I got an attorney. So it is now almost 2 years later, after the depositions and them going thru all of my personal finanaces. They decided that they want to settle. My credit is destroyed because I couldn't pay for the repairs and the building is in forclosure. I want to know can I get money for damages to my finances credit, character, attorney fees or something (I don't know the right words)??? I don't know what to do. The really sad part is that the repairs almost 2 years ago were for like 40K, but now it has for sure gone up due to the amount of time and vandalism. So they want to just pay that flat amount. My attorney says, they won't give me any money for messing up my credit because of this. I don't think that is far... any advise would be greatly appreciated!! ---> Down on my luck!
Posted: Thu Dec 03, 2009 06:46 am Post Subject:
My attorney says, they won't give me any money for messing up my credit because of this. I don't think that is far... any advise would be greatly appreciated!!
I think you got your answer from your attorney. If they felt there was more money to get one would assume they would go after it. (Unless you have a bad or lazy attorney). By going to court you are rolling the dice. A judge or jury could come back with more or bad faith. This is the same reason they are making the offer.
There is a question as to why the building went into forclosure because of the damage. Was the whole building damaged. Couldn't the building be secured (Vandalism). I just don't see it going anywhere.
Posted: Thu Dec 03, 2009 07:14 am Post Subject:
Yes you can ask for everything you named... it's another question as to if they will pay it.
A settlement is just that... an amount you both settle on. If you want more money they they are willing to offer and they won't give it... then you need to go through with the lawsuit and see what the court says. They may give you a judgement for everything you asked for or they may dismiss the case and give you nothing.
The law requires the person to mitigate their loss. It does not appear that you did thing. However, you can also convince the court that you not being able to do this because you were not paid over-rides your duty to mitigate the loss.
How much are you paying this attorney that he can't give you legal advice like this?
Posted: Fri Jan 22, 2010 05:17 pm Post Subject: Current law suit against my Insurance Company
To Dasfuk- Yes the building was completely destroyed. The contractors that I contacted to get an estimate told me it was close to 80K in damages, I don't have that kind of money, nor the means to sercure a loan to pay for it, till this is settled. I secured the building with boards the week of the initial damages.
To - Tcope- of course it over rides in this situation. I am not a big time property owner with excess money at my disposal. lol... on the attorney comment. He is getting paid ONLY IF I get paid (%20), I guess you would think he would want me to get as much as possible.
Thanks so much for the advice...
ddwashington
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