What to do if a young woman hit our front porch on our rental home with her car?

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What to do if a young woman hit our front porch on our rental home with her car?

There is also damage to front door and one of the front windows does not open. Inside the house it is obvious that foundation as been altered – there is a large crak in ceiling starting over the front door and running down to the basement door. Her claims adjuster said that they will not pay for a structural engineer to come out but if we do I believe they will pay for the damages but still not for the cost of the engineer. They also said that they basically pay to replace the porch but prorate it based on the age of the porch (cost of lumber from years ago vs. now). I don’t feel that we should have to incur any cost as we were not at fault.

Asked on January 2, 2013 under Accident Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is called bad faith insurance and the insurance adjuster is tryig to escape the huge liability its insured is going to cost it and you.  Therefore, at this point, you need to do a couple of things. Contact your homeowner's insurace company and have the two companies battle it out. Secondly, you need to ensure all costs including those of the engineer are fully paid for and nothing is prorated. Next, you need to file a consumer complaint against this insurance company with your state insurance department. The last approach is to hire an attorney if all else fails.


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