Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Oct 4, 2011

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Insurance Question from Eastchester, NY

Asked on 10/04/2011

I filed a claim after the recent tropical storm in NY and need to have the claim amount adjusted up to match the actual quotes I received for some work I have a two part question:1) is it common for a payment to be adjusted up after I deposited a claim check I received? The initial claim underestimated the amount needed to cover a replacement wooden fence and I have reported it to the carrier and I am awaiting their response.2) I paid a deductible, but the cause of the damage was a tree planted and maintained by the village where I live. Can I try to get re-imbursed for my deductible amount?

Answer given on October 07, 2011

It is very common to have the amount of a claim adjusted up after you have received the check. There are times when the adjuster that surveyed the damage did not take into account certain aspects of the repair.  Contact your insurance company and let them know that the estimated damage of the claim is higher.  Get your contractor to write up an estimate for repair (or an updated estimate explaining why it is higher than originally quoted).  Give the adjuster the contractor’s number so they can talk directly to each other in order that he can get a full explanation of the repair cost difference. Most times, if all is in line, a supplemental check will be cut.

Recouping your deductible may be tricky.  Do they own the tree or just maintain it? If there is an association that runs the maintenance of the village, give them a call.  Don’t be surprised if their insurance policy says that the tree falling in a storm is an “Act of God” and therefore they have no liability.  However, if the tree was not in good condition, dead or leaning in any way, you may have a chance.  Better yet, advise your insurance company that you would like to try to get your deductible back and ask that they consider subrogating against the association that maintains or owns the tree. They can let you know about your chances of getting your deductible back. Ask your adjuster to give them a call.       

 

 

 

 


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