by Guest » Mon Nov 08, 2010 06:32 pm
Thanks in advance I love this site;
I own a small restoration company had a job where my senior tech was out sick the job was in the middle of the night we did a excellent job even the insurance company said so :lol: . The homeowner was sent a check for our services in both our names :?: , we had no problem reaching the homeowner till we were notified by the insurance company that they had our check now we can't reach them. The tech that went out has no exp. with the paper work so we have no signed documents by the homeowner. Its clear we did the work and they were happy with our services but now they don't want to pay us which we just confirm tonight via e-mail. I'm sure the check came in both our names is there a way for the adjuster to pay us directly for our services?
I own a small restoration company had a job where my senior tech was out sick the job was in the middle of the night we did a excellent job even the insurance company said so :lol: . The homeowner was sent a check for our services in both our names :?: , we had no problem reaching the homeowner till we were notified by the insurance company that they had our check now we can't reach them. The tech that went out has no exp. with the paper work so we have no signed documents by the homeowner. Its clear we did the work and they were happy with our services but now they don't want to pay us which we just confirm tonight via e-mail. I'm sure the check came in both our names is there a way for the adjuster to pay us directly for our services?
Posted: Wed Nov 10, 2010 09:11 pm Post Subject:
The tech that went out has no exp. with the paper work so we have no signed documents by the homeowner.
Isn't that unfortunate? Why would you hire someone, give them the authority to fix anything, and not teach them how to write an estimate or an invoice? You have a real problem with this one.
is there a way for the adjuster to pay us directly for our services?
NO! The insurance company has already issued a check, as you have stated. If the check is made out in the names of two parties, then the two parties have to figure out how they are going to cash the check. If one of the two parties endorses the check as the other party in order to negotiate the check, that party has committed FORGERY and can be arrested, tried, convicted and sent to jail or prison.
Your best course of action is to stop CALLING and spend the time and gas to drive to their location and see them in person. If you have to wait a few hours for someone to return home from work or the market, so be it . . . if you want your money.
The worst case scenario is going to small claims court and having to explain to the judge how you agreed to perform work without a signed contract. Not impossible to win, and more obvious that you did the work since the insurance payment was made payable to you (and the other party), but you could get a judge who has less common sense on that day than a turnip, and sees things differently, and chooses to make an example of your business acumen.
Posted: Wed Nov 10, 2010 09:18 pm Post Subject:
First, the insurance company has no obligation to protect your interest. I'm not being rude... just cutting to the chase.
It's good that they included your name on the check and it was the "right" thing to do.
You have some type of email from the homeowner indicating that they don't intend on paying you? Contact the adjuster and explain the situation. Offer to forward the email. The adjuster can see if the check was cashed. If it was, their bank can have you fill out forged document paperwork and the bank can start their investigation. If the homeowner forged you signature they can be in a world of hurt.
The problem is that the insurance company still owes their insured. If I was the adjuster I'd first contact the homeowner and see if something can be worked out. You may want to do the same.
As mentioned, you can file in small claims court but not having a signed authorization from the home owner is not going to help your case. Also, it's a big pain in the butt.
Posted: Thu Nov 11, 2010 07:00 am Post Subject:
. Its clear we did the work and they were happy with our services but now they don't want to pay us which we just confirm tonight via e-mail.
Did they state any reason as to why they won't pay you? I'm just being curious to know their views in this regard. See, if you can ask your adjuster to have a word with the home owner as tcope suggested.
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