QUESTION
Can I sue my insurance company for negligence on top of my homeowners claim?
Asked on Jan 29th, 2014 on Litigation - Alabama
More details to this question:
I have a homeowner’s insurance claim where the contractors got paid before the work was finished, they haven't been back since. (2 months) They took my stair banister off to move furniture; they never put it back on. I live with my elderly mother and father as their caretaker. The other day my father fell down the last 3 steps because of no handrail. He is ok, bruised and really sore. He did leave by ambulance to get checked. Can I sue for negligence onto of my claim?
8 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It doesn't sound like it is the insurance company's fault. You can sue the contractors.
Answered on Jan 31st, 2014 at 4:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not clear as to what kind of claim you have. You asked your carrier to pay for some damages covered by some type of insurance. the contractor did not finish. Don't think the contractor would have been paid unless you signed off on it (should not have been anyway)you can sue the contractor, but most people who do this kind of work are weak financially and they often don't have insurance or a bond to guarantee such things. You seem to be irritated more than damaged. What does the contractor say about it all?
Answered on Jan 31st, 2014 at 4:10 PM
James Edward Smith
No but your father can sue you.
Answered on Jan 31st, 2014 at 4:09 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Your claim is in contract and against the contractor. Negligence theory of liability might be brought into the case, too, but a contract claim has to be stated first. The insurer might be brought into the case as a co-defendant; although you might find it easier to have the insurance company on your side of the isle.
Answered on Jan 31st, 2014 at 4:08 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Your claim is against the contractor. Your insurance company is only obligated to pay for repairs under the insurance contract.
Answered on Jan 31st, 2014 at 4:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can't sue the insurance company, but you can sue the contractor. I handled a very similar claim a few years back.
Answered on Jan 31st, 2014 at 4:08 PM
Your claim is not with the contractor it is with your insurance company. Have you called the claim's adjuster? How many times? Call three times a day until you get satisfaction.
Answered on Jan 31st, 2014 at 4:08 PM
James Eugene Hasser
The contractors would be liable for the injury, and maybe even the insurance company. It will depend on the facts. The insurance company is still on the hook for the homeowner's claim and will have to pay someone to complete the job. You may want to talk with an experienced lawyer familiar with insurance bad faith cases.
Answered on Jan 31st, 2014 at 3:48 PM