by Guest » Fri Jul 27, 2012 08:49 pm
If I file a claim and it is denied, it the fact that i filed a claim something that is put on my permanent record, and can it effect changing insurance carriers?
I have a situation where renters did not tell us about excessively high water bills for a number of months. when we went to check it out, the pressure valve on the hot water heater had malfunctioned and there was hot water leaking into the basement crawl space and the steam over time wet the walls/floors/ etc. There was absolutely no way we could know about this, as careful as we are with our property. Is there anything in a policy for rental property that would protect us and cover the damage and the repair to insure there is no future mold growth?
it appears the company is going to deny our claim and i either want some ammunition to defend myself, and/or change carriers. wondering if i'm screwed with way, just by filing the claim.
thank you!
I have a situation where renters did not tell us about excessively high water bills for a number of months. when we went to check it out, the pressure valve on the hot water heater had malfunctioned and there was hot water leaking into the basement crawl space and the steam over time wet the walls/floors/ etc. There was absolutely no way we could know about this, as careful as we are with our property. Is there anything in a policy for rental property that would protect us and cover the damage and the repair to insure there is no future mold growth?
it appears the company is going to deny our claim and i either want some ammunition to defend myself, and/or change carriers. wondering if i'm screwed with way, just by filing the claim.
thank you!
Posted: Sun Jul 29, 2012 04:28 am Post Subject:
There was absolutely no way we could know about this,
Not true. You could have inspected the property on a regular basis and discovered the problem months sooner. Your insurance will not cover this.
You could sue your tenant for breach of contract if you have a clause in your rental agreement that requires the tenant to inform you immediately of any damage or repair issues at the property. If you aren't paying the water (or other utility bills), then this is negligence on the part of the tenant. If they had a renter's policy in force at the time of the loss, you can make a claim against that policy.
If you don't have such a clause in your rental contract, you need to add it to protect yourself in the future.
A claim reported to your insurance company, even if denied, will be kept on record. If denied, it should have no effect on your premium.
Posted: Sun Jul 29, 2012 04:53 pm Post Subject: Does filing a claim go against me?
Thank you for your clear answer. The water bill is in the tenant's name. They had it debited automatically from their checking account. They did not balance their checking account for about 10 months (REALLY? WHO DOES THIS!!!) and thus did not discover until changing banks that both the water and electric bill had been excessively high for this length of time. This is when they notified us that something might be wrong. My husband was over there within 2 hours to check it out. I've already described the rest. I will check to see if they have renters insurance, but given their irresponsible attitude toward their checking account, I doubt if they have it. They live paycheck to paycheck, so suing them for negligence - which is obvious I believe - seems futile. I do already have the verbiage you mention in my lease - that they are to inform us immediately of anything suspect - and we go over this with them verbally as well. I also have in my lease that they get renters insurance, but, of course we can't make them do that either. The house is completely uninhabitable and will have to be virtually rebuilt. What a nightmare to have no recourse.
Posted: Mon Jul 30, 2012 01:32 am Post Subject:
I do already have the verbiage you mention in my lease - that they are to inform us immediately of anything suspect - and we go over this with them verbally as well. I also have in my lease that they get renters insurance, but, of course we can't make them do that either.
Incorrect on both counts. You can force them to get the insurance by requiring them to make you an "additional insured" (does not cost anything extra), and the value of that is it entitles you to file a claim if the tenant won't or can't. And you have the right to periodically, with some advance notice, to enter and inspect the property, which wasn't done in this instance.
You can enforce the "notification" by sending them periodic requests to provide the electric, gas, and water meter readings (monthly, bimonthly, or quarterly), and if they fail to respond (of course you need to include this in the lease agreement, too), you can begin eviction proceedings for breach of contract.
You have more power than you think. If you know where the former tenant now resides, and it is still within the jurisdiction of the small claims court where the property is located, sue them, serve them, and go to court and state your case. You will likely win a judgment (perhaps even a "default" judgment if they fail to appear), and can then go through the motions to collect, which can, ultimately include garnishing wages, seizing property (through the local law enforcement agency, not on your own), and possibly invading their bank account(s).
The house is completely uninhabitable and will have to be virtually rebuilt.
Your original post did not portray this catastrophic level of damage. Could you be exaggerating just a little?
Posted: Tue Jul 31, 2012 11:38 am Post Subject: Does filing a claim go against me?
I know this is getting slightly off-topic, but I want to continue the thread a bit longer.
Good to know we can require renters insurance. I will make this part of my new lease. We do inspect the interior periodically, but this leak was neither visible nor audible on the times we inspected. The leak was under the house in a tiny crawl space. The only red flag was the spike in utilities. Also good idea to require copies of bills...in this case, however, monthly copies would not have even sufficed if the leak is considered a "slow" leak if over 14 days (altho i haven't confirmed that this 14 days is specific to my insurance company).
I do believe we have enough evidence to win a judgement, not only for the water leak but for other damage to the house such as serious holes in the walls (and i don't mean from pictures hanging) and doors, ripped screens, and generally the filthiest environment I have ever encountered.
The main issue with suing them is the violent and vindictive nature of the male tenant that we are just now witnessing. One concern we have is that they will try to sue us for mold exposure. And even if they can't substantiate it, we would have to defend ourselves. I'd rather spend the money on fixing the house. Another is not wanting to encounter his temper. He already does not take any responsibility for any of this and his argument for his innocence was completely irrational and even hostile. And, in general, I'm just not one who enjoys rowing upstream. And, to mix metaphors, I had rather turn to making the lemonade, tho it will take a great deal of sweetener.
About my comment you questioned as an exaggeration, it really isn't so much. This is not a cosmetic fix. The mold remediation company was out testing and he said he hadn't seen much that was that saturated - floors and walls about half way up - in over 70% of the house (LR,DR,BR,BA & laundry rooms) from the ongoing steam and seepage. Only the kitchen and one bedroom remain dry. This will all have to be torn out down to the studs and joists and possibly even some of those replaced. This, to me, constitutes being "virtually rebuilt".
Even tho I have felt well-armed with my lease, I have found that a landlord has less power than assumed only b/c of the lengthy process of eviction with rent lost, possibility of spiteful property damage, stress. Also, suing someone who has no assets means being mired in the unpleasantness of future collection issues - the process keeps the wound from healing. Having taken a tenant to small claims court a number of years back, and winning a judgment, I found it a futile exercise. It cost me time and money and I never received a penny and the scar on his credit was obviously meaningless to him.
Again, thank you for your ongoing advice. It's very helpful, not only practically but psychologically.
Posted: Wed Aug 01, 2012 10:47 pm Post Subject: Does filing a claim go against me?
I know this is getting slightly off-topic, but I want to continue the thread a bit longer.
Good to know we can require renters insurance. I will make this part of my new lease. We do inspect the interior periodically, but this leak was neither visible nor audible on the times we inspected. The leak was under the house in a tiny crawl space. The only red flag was the spike in utilities. Also good idea to require copies of bills...in this case, however, monthly copies would not have even sufficed if the leak is considered a "slow" leak if over 14 days (altho i haven't confirmed that this 14 days is specific to my insurance company).
I do believe we have enough evidence to win a judgement, not only for the water leak but for other damage to the house such as serious holes in the walls (and i don't mean from pictures hanging) and doors, ripped screens, and generally the filthiest environment I have ever encountered.
The main issue with suing them is the violent and vindictive nature of the male tenant that we are just now witnessing. One concern we have is that they will try to sue us for mold exposure. And even if they can't substantiate it, we would have to defend ourselves. I'd rather spend the money on fixing the house. Another is not wanting to encounter his temper. He already does not take any responsibility for any of this and his argument for his innocence was completely irrational and even hostile. And, in general, I'm just not one who enjoys rowing upstream. And, to mix metaphors, I had rather turn to making the lemonade, tho it will take a great deal of sweetener.
About my comment you questioned as an exaggeration, it really isn't so much. This is not a cosmetic fix. The mold remediation company was out testing and he said he hadn't seen much that was that saturated - floors and walls about half way up - in over 70% of the house (LR,DR,BR,BA & laundry rooms) from the ongoing steam and seepage. Only the kitchen and one bedroom remain dry. This will all have to be torn out down to the studs and joists and possibly even some of those replaced. This, to me, constitutes being "virtually rebuilt".
Even tho I have felt well-armed with my lease, I have found that a landlord has less power than assumed only b/c of the lengthy process of eviction with rent lost, possibility of spiteful property damage, stress. Also, suing someone who has no assets means being mired in the unpleasantness of future collection issues - the process keeps the wound from healing. Having taken a tenant to small claims court a number of years back, and winning a judgment, I found it a futile exercise. It cost me time and money and I never received a penny and the scar on his credit was obviously meaningless to him.
Again, thank you for your ongoing advice. It's very helpful, not only practically but psychologically.
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