Answers to Your Questions about Hurricane Insurance Claims Part 2
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Hurrricane Town Hall: In part two of this video, Attorney Mark Nation answers questions from home and business owners regarding hurricane insurance claims.
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0:11
- It's kind of both, and let me explain that.
0:15
That happens a lot.
0:16
After a storm like this, in the insurance industry,
0:20
it's called a catastrophe,
0:24
CAT for short.
0:25
And so they bring in
0:27
from all over the country CAT adjusters.
0:31
So right now, one of the problems that we're having here
0:34
in Florida is we got Harvey and we got Maria.
0:40
And we got Irma.
0:42
And the CAT adjusters who usually would be,
0:44
they'd come in from Washington state
0:46
and Texas and Oklahoma, Mississippi.
0:49
They'd come to Florida, and they'd handle this.
0:51
But now a bunch of 'em are in Texas,
0:54
and a bunch of 'em are in Puerto Rico.
0:56
So the CAT adjusters are spread thin.
0:59
That is a reason why a lot of,
1:02
there's a lot more delay than we usually see.
1:05
There's always delay, but there's a lot more now.
1:09
But these adjusters, the CAT adjusters come in,
1:12
and I can't tell you how many times my client will say
1:15
well, the adjuster who came out said
1:18
yeah, you're getting a new roof.
1:19
No question about that.
1:20
And then the damage to the siding
1:23
that got ripped off, that's good.
1:25
And even the rotten wood under it,
1:26
I didn't know there was any rotten wood,
1:28
but that's covered too.
1:29
And then two weeks later you get a letter
1:31
and you go, sorry denied, or it doesn't include any,
1:34
that's typical, typical.
1:36
That's the stuff that keeps people up at night
1:39
and drives them crazy.
1:43
Don't stay up tonight thinking about it
1:45
and don't try to figure it out.
1:49
That's a no.
1:50
They're saying no to some of your stuff
1:52
even if they don't say it out loud.
1:54
If their estimate,
1:56
if the adjuster comes out and you got a roof off,
1:59
and they say you get new cabinets and that's it,
2:01
that's a no to the roof.
2:04
And it sounds like it's low on some stuff too,
2:07
so it's a no and it's low.
2:09
So, here's what you do.
2:10
Do you have a contractor's estimate?
2:13
- [Man] Ah, not yet.
2:15
- It's hard to get.
2:16
Same thing going on with the contractors.
2:17
Those guys are buried.
2:18
And so get a contractor's estimate.
2:23
Once you get that contractor's estimate, just email me.
2:27
Who's your insurance company?
2:28
- Citizens. - Citizens?
2:30
Just email me Citizens, what they've concluded
2:34
and your contractor's estimate.
2:35
All I need is those two things.
2:39
Get a contractor out.
2:41
Estimate everything, interior damages.
2:43
Say sir, I need an estimate
2:45
to get this house back the way it was.
2:46
- [Man] Okay, great.
2:48
- That's all I need.
2:49
And just so y'all know, y'all do have additional coverage
2:53
for things like debris removal.
2:56
So, I want you to picture,
2:58
everyone, picture buckets of coverage.
3:01
Here's your big bucket, that's you house.
3:03
And you got a certain policy limit for your house.
3:06
That's actually called coverage A for your house.
3:09
All right, so you go that bucket.
3:11
Coverage B is other structures.
3:13
You got a shed out back, a boathouse.
3:16
That's coverage B.
3:17
It's a little bit smaller coverage.
3:18
Coverage C is the contents of your house,
3:20
the stuff inside the house.
3:22
And then you've got, in addition to that,
3:24
living expenses for when you're out of the house,
3:27
either because you can't live in it.
3:29
It's been destroyed
3:29
or damaged so much you can't be in there.
3:31
Or during the reconstruction phase.
3:35
In addition to that,
3:36
you've got additional coverage for debris removal.
3:40
And you've got additional coverage
3:41
for what's called law and ordinance.
3:43
So let's say your house was built in 1950, 1960, whatever.
3:47
It's got windows.
3:48
You now got an opening.
3:50
You gotta replace a window.
3:52
And they say you gotta put hurricane windows in.
3:55
They're gonna tell you well, all the other,
3:57
the other 32 openings are on you.
4:00
We just gotta do the one that was damaged.
4:02
That's not true for two reasons.
4:04
One, remember, matching.
4:08
You paid for matching.
4:10
The other is we may go under the law
4:13
and ordinance coverage to say look,
4:15
you gotta bring all of 'em up to code at this point.
4:17
I try to get it under matching
4:19
because you've got more policy limits there,
4:21
but you let me worry about that.
4:23
So your job, your homework, get a contractor.
4:26
Make sure it's somebody you trust.
4:27
It's somebody licensed here in Florida.
4:29
It's a general contractor or a building contractor.
4:31
It's one of those two.
4:32
Get an estimate for the whole thing.
4:34
If they wanna have a roofer come out
4:36
and do the estimate for the roof, that's fine.
4:39
Get me that, get me Citizens, and I'll look at that.
4:42
Until then, don't worry about it.
4:46
You're gonna hear me say that a lot
4:47
because I'm passionate about this.
4:53
It breaks my heart that people have gone through this
4:57
to then sit up at night, and they're wondering,
5:01
what do I do about, and they don't even know what to do.
5:03
And it keeps people up at night,
5:05
and I'm here to give you peace of mind.
5:07
Stop worrying about the insurance stuff.
5:11
Let me do it.
5:13
And I'll tell you what the next right step is.
5:17
There are really two parts
5:19
of this that I'm passionate about.
5:20
The first part is to make sure
5:21
the insurance company pays what you bought.
5:26
And y'all don't know what you bought, mostly,
5:28
and if you do, you don't know how to make 'em pay.
5:30
I do, and so I wanna make sure
5:32
the insurance company doesn't pay more than what they owe,
5:35
just pays what they owe,
5:37
for your most important investment, your home.
5:40
The other thing, the other side of it is,
5:42
and I'm passionate about is some lawyers,
5:45
when a storm happens, something like this happens,
5:47
they start dabbling,
5:48
and they start dealing with these cases.
5:50
They get these cases.
5:53
I deal with this all day every day.
5:55
It is my passion to help policyholders.
5:58
Other people dabble, and then they end up,
6:01
the insurance company low-balls it.
6:03
You got a lawyer who's dabbling,
6:04
and you end up with a homeowner
6:05
who gets pennies on the dollar.
6:09
I'm here, and the reason I'm here,
6:10
is to prevent those two things from happening.
6:14
Do I wanna represent you?
6:15
You better believe it.
6:17
Because I don't think there's anybody
6:18
in this state that does it better or more than what I do.
6:22
And that's why I'm here.
6:28
But here's what you do.
6:31
The guy comes out or the gal comes out,
6:33
is the adjuster, and they got a bad attitude.
6:36
And you go oh, my gosh.
6:37
I got a bad one.
6:39
Just let 'em do what they're gonna do.
6:41
Don't try to convince 'em of anything.
6:44
Don't tell 'em, well, I think that's due to this.
6:47
Just say have at it.
6:49
Come inside.
6:50
You can point to the damage.
6:52
Let 'em do whatever they're going to do,
6:56
and don't worry about it.
6:58
Don't call 'em and say I want a different adjuster.
7:01
Just let 'em do 'cause I'll tell you what.
7:03
Those bad adjusters who have bad attitudes,
7:08
they make bad witnesses.
7:10
I assure you. (woman laughing)
7:12
And so now you're all fired up,
7:13
and you get somebody in there,
7:14
and they bring Mr. Nice Guy out there
7:16
and go well, I'm so sorry that happened.
7:19
Now, they're gonna call him as the witness,
7:21
and I've still got tools in my toolbox,
7:24
but I like it when the guy up there is ready to explode.
7:29
And believe me, I can bring it out.
7:31
I can bring out the worst in him.
7:33
So, don't do that.
7:35
I understand why, and I'm telling everybody,
7:37
just let 'em do what they're gonna do.
7:39
And I don't care if they come
7:40
and say you get 10 cents or you get $100,000.
7:43
Just let them do whatever it is they want to do.
7:47
They're the professionals.
7:49
Don't try to drive the conversation.
7:51
Don't try to convince them of anything because often,
7:57
my book is in here in a lot of these packets.
7:59
I have a little section
8:01
that's called winning without your help.
8:06
And I tell my clients stop helping me.
8:09
Let me do what I gotta do.
8:11
And just let them do what they're gonna do.
8:14
Because everything you say, they're gonna say,
8:16
well, then she said this, and then he said that,
8:18
and then I gotta deal with it.
8:23
If your contractor says it's 10,000 bucks,
8:28
and their contractor says,
8:30
or the insurance company says, let's say, it's 8,000 buck,
8:36
that difference of 2,000, that's a good case for me.
8:39
That's a lot of money for people.
8:41
That's a lot of money.
8:43
And again, if I win, they gotta pay me.
8:45
If I lose, I work for free.
8:47
That's even if it's a low-ball of 2,000 bucks.
8:49
So, I know that's a lot of money for people.
8:52
It impacts families, and so, don't go
8:56
well, it's just not enough money to trouble with.
8:58
Let me look at it.
9:04
This period between now and six months after the storm
9:07
is gonna be the most frustrating time.
9:10
Nothing's gonna move fast.
9:12
Everything's gonna be delayed.
9:15
And really, there's not a lot we can do
9:17
about that from a legal standpoint as long as, you know,
9:21
If we sued 'em and said look, it's been three months,
9:23
and we don't have a claims decision,
9:27
we're not really gonna be able to do that.
9:28
There's a statute in Florida
9:30
that says the insurance company has 90 days to pay or deny.
9:33
- [Woman] From when?
9:34
- From the time the claim is submitted,
9:36
and the claim is submitted
9:38
when you get 'em all the stuff, all right.
9:41
But it doesn't matter because the last sentence
9:43
of that statute says, however,
9:45
the failure to pay or deny within 90 days
9:48
shall not form the basis of a lawsuit.
9:52
So we can't really base it on that.
9:54
There are a lot of outs for the insurance company
9:57
on the timing thing.
9:59
I would say, and I've told everybody after every storm,
10:03
the first six months are kind of the honeymoon phase
10:06
where they're thinking all right, I think it's working out.
10:10
I think I married the right person, but I don't know.
10:13
This is not going the way I thought it would go.
10:15
But I'm gonna stick it in there.
10:17
Six months in, they go, ah crap, I made a mistake.
10:23
And it's about six months in when the honeymoon's over,
10:28
and y'all are gonna start
10:30
and your neighbors are gonna start calling me
10:31
'cause that's when the denials
10:33
and the low-balls really start coming in.
10:36
'Cause right now they're kind of doing their thing.
10:39
It's gonna be a long time,
10:40
and maybe once you get that,
10:42
we're gonna have to get an estimate from your contractor.
10:46
And that person is gonna be backed up.
10:50
And so then we gotta your contractor's estimate
10:53
and review both those.
10:55
There's no good answer for that question.
10:58
It's gonna take a while, six months.
11:01
And I hate saying that, but it really is,
11:03
before this starts getting sorted out,
11:05
and then we know exactly what direction people are going in.
11:08
And they're gonna miss it.
11:09
They're going through, a lot of 'em,
11:12
a lot of 'em are going through,
11:13
and it's just easier for the field adjuster to go,
11:16
um, yeah, I'm gonna kick that up to major claims,
11:20
and get it off his desk.
11:22
They get paid per job,
11:24
and the longer that job stays on their desk,
11:26
the less really they make on it.
11:33
Well, they're kind of different jobs.
11:35
Here's what I would tell both of you.
11:37
Have you hired the public adjuster yet?
11:39
The insurance company's made their decision.
11:41
You got that.
11:42
Yeah, get your contractor's estimate.
11:44
Let me look at those two things.
11:47
And the only way you make 'em pay is file a lawsuit,
11:50
and that's what a lawyer does, is file a lawsuit.
11:53
And then my goal, and it's almost every time,
11:57
but my goal is if I get 'em to pay the right amount,
12:01
or more, get 'em to pay more,
12:03
they gotta pay my fees and costs.
12:05
You get your house fixed.
12:07
I don't take a piece of that.
12:08
And if I lose, I work for free.
12:10
That's kind of the difference,
12:11
and I would just say let 'em do what they're gonna do.
12:13
And if they just keep ignoring you,
12:19
after you've said hey, I need you to respond to me,
12:23
there's a statute that says they have 14 days
12:25
to at least respond to your request.
12:29
Let's let it linger a little bit longer.
12:31
All right now, just let 'em do what they're gonna do.
12:33
90 days, here's the statute.
12:35
It says they have 90 days to pay
12:37
or deny once you submit all the documents,
12:39
and they've inspected, 90 days.
12:41
Huh? (man mumbling)
12:42
No, 90 days, and then the last sentence in the statute says
12:46
however, the failure to pay or deny in that 90-day period
12:49
shall not form the basis of a lawsuit.
12:52
So, I can't sue under that statute,
12:53
but what I can do is if they have been out and inspected,
12:57
and they just ignore you, I call that a constructive denial.
13:03
'Cause whether I send you a letter that says
13:05
I ain't paying you or if I just ignore you,
13:11
your bank account's the same, right?
13:13
There ain't no check, and so that's a denial.
13:16
It's either a written denial or it's a constructive denial.
13:21
You've done your thing.
13:22
Just let 'em do what they're gonna do
13:24
'cause if you egg 'em on some more,
13:25
then they might send something that's,
13:27
I'd rather have this constructive denial
13:30
than them low-balling you.
13:32
Just makes our job easier.
13:35
They have a duty under statute and under case law.
13:38
They have a duty to come out and adequately
13:42
and in good faith adjust your claim
13:44
and give you not some number they hope you'll take.
13:48
They have a duty to give you the right amount
13:51
to fix your house.
13:53
One of the things they're doing
13:54
is using a computer program called Xactimate,
13:57
and Xactimate is not taking
14:00
into account the catastrophe that's occurred.
14:03
They are not taking into account the current labor rates
14:06
or material rates given what everybody's going through
14:09
here right now.
14:10
They're giving amounts that my contractors will say
14:13
I can't even get the job started with that amount.
14:15
I can't get people to come out and work for that amount,
14:17
let alone the materials.
14:23
Usually, that's not gonna be a problem to cash it.
14:27
Is the mortgage company on it?
14:28
- [Woman] No mortgage.
14:29
- Okay, let me answer this question people often have.
14:32
Mortgage company's on the check.
14:34
What do I do, I've got a check.
14:35
The mortgage company's on it.
14:37
What do I do?
14:39
You sign a contract with your contractor,
14:41
I mean, once we're done, and it's the right amount of money.
14:44
Sign a contract with your contractor.
14:47
You give your mortgage company the money,
14:49
and they pay you and the contractor as the work progresses.
14:54
Second question that arises when that,
14:56
what if I'm behind?
14:56
Can I they take my money,
14:58
apply it to my principal instead of fixing my house?
15:01
No, they gotta fix your house.
15:02
So, don't worry about that part of it.
15:04
So, do you have checks you're concerned about?
15:07
Just hold onto it.
15:07
If it's not enough, just get me the stuff,
15:10
your contractor's estimate and theirs.
15:13
And then they'll reissue the check later.
15:20
It is the last step.
15:21
- [Man] The last step.
15:23
- A busy lawyer who's very aggressive
15:27
might try in front of a jury, might,
15:30
if they're real aggressive,
15:32
one or two cases a year in front of a jury.
15:35
I'm in front of juries five and 10 times a year, often.
15:42
So, my percent's a little bit higher
15:44
because I don't negotiate.
15:46
If my contractor says it's 25,000 bucks,
15:51
I don't move.
15:52
I only work for contractors I trust.
15:55
If you have a contractor, and I get a number from,
15:57
and I'm thinking I don't know about that,
15:59
I'll have my contractor come and do their own estimate.
16:02
And I don't move, and so, if it's 25,000,
16:07
I say it's 25,000, and pay me separate.
16:09
You pay my fees and costs separate,
16:11
but pay my client 25,000 bucks.
16:13
I had an email recently where a defense lawyer wrote me back
16:18
and said Mark, and I know this guy,
16:22
Mark, you only went down two cents in response
16:26
on our offer to settle the case.
16:30
And I thought well, that's embarrassing.
16:32
So, I said I do need to reply to that.
16:33
I said I apologize.
16:37
That was a mistake.
16:40
I did not mean to go down. (laughs)
16:46
And that's the goal.
16:47
I wanna get you the money you need to fix your house.
16:49
You've already gone through enough.
16:51
And I don't need some contractor giving me some high number
16:54
that's sort of fluffed, and then I negotiate of off that.
16:58
I don't even know what number to pick when they do that.
17:01
Just give me the right number, and I'll stick with it.
17:03
And if we gotta try the case, boy, let's go do it.
17:09
'Cause when I'm picking a jury,
17:10
I'm looking out at a group of folks like you.
17:14
And my goal, I wanna connect with them,
17:16
and I wanna put them in their seat
17:18
and make sure they understand
17:19
what my client's going through in this case.
17:21
And so, mine are a little bit higher percentage
17:25
because of that non-negotiating tactic.
17:29
I know you don't, and that's why I'm looking
17:31
for clients like that 'cause man, when I'm in a courtroom,
17:34
that's where I'm alive, and that's where I wanna be.
17:36
I just want clients to say yes, let's go do it.
17:38
And so I do try a lot more than folks,
17:42
but that's what I like to do.
17:45
Having said that, out of 100 cases,
17:49
95 or more are going to settle
17:53
because they know we're not gonna negotiate.
17:57
And so that hopefully answers your question.
18:05
There's a statute, 627.7015, that says
18:09
at the point when there's a dispute between you
18:13
and the insurance company, a dispute.
18:15
Subsection two says when there's a dispute,
18:18
the insurance company needs to notify you
18:20
of the state sponsored mediation program.
18:23
Okay, the failure to do that when there's a dispute,
18:29
it takes out of the policy
18:31
what's called an appraisal clause.
18:33
So, it removes it.
18:34
They're no longer allowed to enforce their appraisal clause.
18:37
This is a bunch of stuff you don't need to worry about.
18:40
You can ignore that letter.
18:41
They send it out before there's a dispute.
18:44
And so if there's an appraisal clause in your policy,
18:47
they've now waived it.
18:48
An appraisal is bad.
18:49
It's a splitting the baby thing,
18:51
and it ends up costing you a lot of money.
18:54
And so we don't wanna go through appraisal.
18:56
And I don't even know
18:57
if the frontline policy has an appraisal clause.
19:00
All right, so, just let 'em do what they're gonna do.
19:05
Don't worry about the letter.
19:07
Let's let you get a contractor,
19:09
and let's find out how much it's gonna be to fix your house.
19:11
You're gonna need to do that.
19:13
I suspect the frontline estimate,
19:16
if they're already sending you the dispute letter
19:20
before there's a dispute,
19:22
they're probably gonna be a low-ball.
19:24
- [Woman] Yeah.
19:25
- So, let's make sure you get a roof around,
19:28
get somebody out to give us an estimate
19:30
for the wind damage so that when we get the frontline thing,
19:33
I can look at those two things.
19:34
It'd take me a couple of minutes.
19:35
And I'll tell you yes, you have a case,
19:37
and here's the next right step.
19:43
Here's what he meant, and that's why I asked that question.
19:46
Let's say this is your,
19:51
tub area, and you've got a supply line back here.
19:53
And it's spraying into this open space back here.
19:56
So, you've got the block,
19:57
and you've got the wood members, the framing.
20:02
If the flood came up this high anyway,
20:04
they're gonna have to fix most of that.
20:06
They have to remove it to fix the flood damage.
20:10
And so that's the reason I was asking that question.
20:13
They may have to just do it anyway to fix the flood damage.
20:16
'Cause they're gonna have to put drywall back on there,
20:19
and if there's nothing to nail it to,
20:21
you got rotten wood back there,
20:22
they're gonna have to replace that too.
20:24
'Cause they're gonna have to be able to attach it
20:25
to something, or the metal.
20:28
They did or didn't?
20:30
I don't think they, - They wouldn't have.
20:31
- Yeah, no, they wouldn't have.
20:32
- [Woman] They're not gonna probably pay.
20:34
- But there's nothing to nail the drywall into.
20:37
They're probably going to pay.
20:38
They should pay it.
20:39
- Right. - Right, one.
20:40
Two, if they don't, the wind policy,
20:45
we'll have to look at it,
20:46
a lot of 'em say we cover hidden rusting or rotting.
20:53
And you may have what's called a limited fungi endorsement,
20:56
and rust is caused by a fungi,
20:58
and so I can get it under that sometimes too.
21:01
So, make sure you take 3,300 photos,
21:03
and, (laughing)
21:06
so I can document that well, okay?
21:13
So, let's talk about,
21:17
contractors, vendors, including water extraction companies,
21:21
roofers, and some contractors.
21:25
In their documents, they may have something
21:27
called an assignment of benefit.
21:31
What it means is,
21:33
sometimes it means Mr. Vendor, or whoever it is,
21:39
I'm giving you my entire insurance claim.
21:45
Wait, I didn't know I did that.
21:48
But some of the documents that people are signing
21:50
hand over the entire insurance claim to a vendor.
21:55
It may be somebody coming in
21:57
who's just doing the water extraction,
21:59
and you think they're gonna put in some dehumidifiers
22:01
and air scrubbers, get the water out.
22:05
And then later, they're hiring the people
22:09
to build back your kitchen
22:12
and your bedroom and your drywall.
22:15
It's them picking it and not you
22:16
because you've assigned the benefits
22:19
of the insurance policy to that person.
22:21
So, read that.
22:24
I would not sign that and give them the entire claim.
22:27
You should not.
22:29
Or roofer, you may say, you know,
22:31
whether you use me or not, you gotta pay me.
22:33
Or you gotta pay me 20% if you don't use me.
22:36
Don't, don't sign it.
22:38
Scratch that out.
22:39
Now, if a water extraction company
22:42
or a contractor comes in and says I just want an assignment
22:47
for the work that I perform, and you get to control,
22:50
or you tell me what I'm gonna do,
22:52
and just for that work that I perform, that's okay,
22:57
if you know the contractor.
22:58
What I would prefer that people sign is a direction to pay
23:03
that just says I hereby direct the insurance company
23:06
to issue checks for the work performed
23:08
under this contract to me as a policyholder,
23:12
and to the vendor.
23:13
And that's just a better way to control the claim.
23:15
You don't wanna give up control of the claim.
23:17
That's a good question.
23:23
With your wind policy, does anybody have State Farm?
23:28
Okay, anybody State Farm?
23:29
All right, State Farm's policy says that you have
23:32
to provide a proof-of-loss within 60 days
23:34
of loss whether they ask for it or not.
23:36
Nobody knows that's in there in the State Farm policies.
23:40
And if homeowners fail to do that,
23:42
or they didn't advise them there's a statute
23:44
that helps us on that one,
23:46
and they have to show that they were somehow prejudiced
23:49
by that failure to provide a proof-of-loss.
23:52
Most of the other policies say
23:54
that you need to provide a proof-of-loss
23:56
within 60 days of our request.
24:00
And so if they request it, then you do need to fill it out.
24:04
Now, sometimes the insurance companies send you
24:07
a proof-of-loss form, and say hey,
24:08
we can't pay you until you sign this.
24:11
And then the top of it says the loss,
24:15
the amount of the loss, box,
24:17
it's like six A on the form.
24:20
Says, you know, $25,000.
24:23
They've already filled it out,
24:24
and they say just sign this, and we can process your claim.
24:27
You've just signed something that says,
24:30
that they've drafted that you say
24:32
I, the policyholder, swear under penalties
24:36
of perjury that this is the amount of my loss.
24:41
Don't do it.
24:43
You gotta go get your own estimate, and let's look at that.
24:46
You know, you can't just sign something,
24:48
a proof-of-loss form that they filled out with a number.
24:51
And they go well, that just gets us started,
24:53
and we need to process this thing and get things moving.
24:55
You need your money.
24:56
Because you've now just sworn that's the amount of the loss.
25:03
It's gotta create the opening.
25:05
I mean, most of the policies are gonna say,
25:07
that have that clause,
25:08
some of 'em don't have it at all.
25:10
And some of 'em are gonna say it has to come in
25:12
through an opening created by the storm.
25:14
- [Woman] So the fact that it rained sideways,
25:16
- Yeah, but if it sucks out the caulking,
25:20
then I'm good with that.
25:21
Yeah, if it just comes and blows through.
25:23
- [Woman] Ours only came through the vents
25:25
on the top of the roof.
25:26
That's the only--
25:27
- Well, I gotta see the policy.
25:28
- [Woman] Is that considered wind-driven rain?
25:30
- Probably is not gonna be covered
25:33
if your policy says that we only cover loss
25:36
inside the house caused when the rain comes
25:39
in through an opening caused by the storm.
25:42
The opening has to be.
25:44
Let me look at it, just let me look at it.
25:50
You go try to find a replacement costs,
25:53
and that's what your entitled to, replacement costs.
25:55
- [Woman] Most of the stuff's like three years old.
25:57
- Okay, I mean, if you lose,
25:58
let's say this couch is destroyed.
26:01
It got rained on.
26:01
It got mold on it.
26:04
Take a picture of the couch.
26:05
Put one loveseat, brown, with wood.
26:10
And then go on the internet and find a cost for it.
26:13
You get replacement costs.
26:15
- 1,500. - Yeah, list 1,500.
26:17
And don't drive yourself crazy
26:19
whether they say, you know, we need receipts.
26:22
Gotta have receipts.
26:23
They will pester people
26:24
to death saying give us the receipts.
26:27
Just tell 'em I don't have receipts.
26:28
Well, we gotta have 'em.
26:30
You do not have to give them anything that you do not have.
26:35
- [Woman] Right.
26:35
- So, don't give it to 'em.
26:37
I ain't got no receipts.
26:38
Don't worry about it, and that's how you do it.
26:40
Just go on the internet, get a couple prices,
26:42
and it's replacement cost.
26:44
And I don't care if that was 25 years old,
26:47
and the springs are bad.
26:50
You get a new one.
26:51
You paid for replacement costs.
26:58
No, it doesn't matter.
26:59
I mean, people burn their own houses down,
27:02
and they still get covered as long as it's not on purpose.
27:05
I mean, I can't tell you how many people go to Walmart
27:06
and leave the stove on.
27:08
They must have all gotten together.
27:10
But they still covered.
27:13
So, you had to get up there.
27:15
Getting up there caused the damage,
27:17
and you have a duty actually to make reasonable repairs
27:20
to prevent further damage.
27:22
Submit it, and if they don't pay it, let me know.
27:24
Just get an estimate for the whole thing.
27:28
When they give you their estimate, they have a duty.
27:31
In fact, there's a case that says
27:32
the insurer doesn't have to contact the insurance company
27:35
and ask if they were joking.
27:37
It actually says that. (laughing)
27:40
Because the insurance company said
27:41
they never said they had a problem
27:44
with what we estimated the damage to be.
27:47
They said they don't have to call you
27:48
and find out if you were joking.
27:50
That's your number.
27:52
And so get their number, get our.
27:58
Yeah, but if it's not covered, I'm fair both ways.
28:01
If it ain't covered, it ain't covered.
28:04
But don't get yourself in trouble.
28:06
Remember that section in my book?
28:08
- [Woman] Yeah. (laughs)
28:09
- That section in my book, you gotta read it.
28:10
It's called winning without your help.
28:12
Most of the people that I talk about there
28:14
that tried to help me are in jail.
28:17
So, read that section.
28:19
Let 'em do what they're gonna do.
28:21
So, I told you about the receipts.
28:22
They're bugging people for receipts.
28:24
I had a client.
28:25
Drove her crazy, so she went to Rooms R Us
28:30
and Best Buy or wherever and got some receipt.
28:34
Bought a little bit of stuff,
28:35
and then she went with her computer.
28:37
- [Woman] Oh, no.
28:38
- 'Cause the insurance company told her,
28:40
you gotta have receipts.
28:42
She's like my house burned down.
28:43
Well, how are we gonna pay?
28:45
And she made up the receipts,
28:46
but she screwed it up a little bit.
28:49
And she had a TV, but that wasn't the receipt for her TV.
28:52
She went to jail, and I didn't know about it
28:54
until we went to the deposition at Best Buy,
28:58
and they said is this a receipt of yours?
29:00
And they go no, and here's why.
29:01
I go oh, crud.
29:04
That's a problem.
29:05
So, nah, don't tell 'em to rip it out. (laughs)
29:09
All right folks, I really appreciate you coming.