Am I entitled to get my insurance claim money back?

UPDATED: Sep 30, 2022

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Am I entitled to get my insurance claim money back?

I hired a company called ELR to replace the roof of my house. They promise a free roof at no charge to the consumer. They basically go after the Insurance company and when the consumer files the claim they get the proceeds and do the repairs. Well, ELR took our insurance claim check and has not performed the work. They keep pushing the repair date back. On top of that, they won’t deal with me directly, I have to deal with their contracted roofer who doesn’t return my calls. They still expect me to pay them my deductible and they haven’t even started the work I want to get the check back and choose a different company that will actually do the work.

Asked on July 7, 2017 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they have violated the terms of the contract or agreement with them, by not having the contracted for work done, you can sue them for breach of contract--you'd need to show in court that they are not doing what was agreed. If you believe they intentionally lied to you about what they could or would do, you can sue them also for fraud and/or "theft by deception." In short, the way you get your money back when someone takes it without doing what they promised or contractually agreed to do is by suing them. If the amount at stake is less than or equal to the limit for small claims court in your state, suing in small claims, as your own attorney ("pro se") is a very cost effective option.

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