Insurance Fraud: Should I pursue a ruling regarding the claims made by a sub contractor?

Question

We receintly had a fire at our home. We hired a sub to clean our home, personal items, etc. and seal the underside of our floors to contol the oder. They only sealed about 25% of the underside, leaving the black charred areas open. As we have discovered, this was the cause for essentially all of our oder issues. The sub, in the mean time, was "committed to doing everything with in their power" to eliminate the smell. Even to the extent of tearing out walls and replacing floors.

The insurance company is paying for the re-sealing but, since we were put out of our home for weeks and the vast majority of what the sub billed for was done sub-standard. not at all, or even attempted. Shoud we pursue a fradeulent claims judjemet against this Sub? Or should we leave it in the hands of the insurance company?

Thank all of you,on advance, for you intellegent/thoughtful input on previous questions relating to this process.

dolphinite

Answer 1

Who hired the sub?  You, the general or the insurance company?

If you did not directly hire them,  you have no standing.  BTW poor or sloppy workmanship is not Fraud. You would have to show that they intended you front to cheat you out of the money.

If you did hire them,  what are you damages?  Moneywise

Did Insurance pay for it all including your extra days in the hotel?  If you have no out of pocket expenses,  then there is no suit.

If you actually have out of pocket damages,  you can sue in small claims.  A regular lawsuit would be quite expense for you.

Answer 2

I'm not sure that they should be attempting to seal charred areas Usually sealing is done to keep the odor from escaping an area that was exposed to smoke, but not damaged by the fire. You should contact the adjuster and have them come back out for a reappraisal.

Answer 3

The insurance company is paying for the out of your home time, right?  And they're paying the sub directly, right?  As long as they are being paid by the insurance company, it's not your problem.  Only when they're being paid by YOU, is it YOUR problem.  

So, leave it alone - you have no grounds against the sub.