Who is ultimately responsible to pay on a property insurance claim?

Question

During the process of repairing our home, after a fire, some of our personal property was damaged by various sub contractors and the fire department.

We have replacement value property insurance.

Who is legaly responsible to cover those damages? My insurance company or the company/person/dept. that caused the damage? What if I don't know? What if they won't pay?

Thank you,

Dolphinite

Answer 1

Ultimately, the homeowner.  No one else is responsible unless the judge says so.  

Damage by the fire department - like water damage - is considered part of the fire loss.   Damage by your subs may or may not be covered by your homeowners policy, but you'll likely have to sue the subs to get the judgement, and you might NEVER see momney from them.  

If they won't/can't pay, then you have to pay, unless you want to live with the damage.  

That's how it works; I know it's not what you want to hear.

Ultimately, YOUR AGENT can give you state and case specific advice in dealing with these issues.

Answer 2

Unless the contractor(s) is willing to step up and pay, you'd have to sue them.  I would claim against your insurance.  They may, in turn, try to recover from the contractors.

Answer 3

Very simple answer. Because you have replacement value property insurance (homeowners policy, i presume) you file your claim with your insurance company. They will pay to replace all of the damaged property less whatever deductible you have chosen.

It is then up to the insurance company to pursue whatever legal remedies are available to them.

Answer 4

Can't sue the fire department. Property gets damaged when they have to put out the fire to keep the whole house from burning down.   Do you really want them to move very slowly and worry about not entering the window b/c they could break your lamp?  Or would you just rather they get in their and put the fire out.  Not to mention, the water they use to put the fire out causes a whole bunch of damage.  The fire department damage would be covered under the homeowners claim that pays for the damage directly caused by the fire.

What did the sub's damage?  You can speak with

the contractor who is doing the repairs about that.

However, since we don't know what property you say was damaged, there is limited help we can provide here.

Answer 5

if it ws accidentally damaged , without ur knowledge and  intentions or of  anybody else intentions i thnk its the insurnce.company who will b paying  for it. but i think that also depends on the terms and conditions and exceptions with regards to the payments  or replacements of any of the damaged properties w/c have stated in ur policies if ins.