Complaints

• Initial Complaint

  04/17/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  It all started off as a sales man came to my house and offered to help me file a claim for hail damage on my house. He told me that his company had lawyers that would help me out with the claim. He made me sign a paper that he told me was to give permission to his lawyer to speak in my behalf. I felt rushed and signed it since I believed what he was saying. Later to find out that I was giving the right to cash in the insurance check and If I didn't do the job with them. I would have to pay a sertain percentage of the amount of the insurance check that was going to be given to me. They gave me a quote on how much it was going to be to replace the siting and some windows in my house. They told me that everything was going to be covered with that quote including any other material needed to get the siting and windows installed. The pricing we agreed on was 23 thousands and something dollars. Even though it sounded more expensive than expected I agreed since I did not want to have to pay the percentage that they would charge me if I didn't get the job done by them. Come to find out that the insurance was going to pay me more than the amount we agreed upon but now they are telling me that they need the whole insurance check since they supposedly did more work. They did not do more work than what we had agreed upon. So now I have a check that I can't cash in because I need their permission since it's under my name and theirs as well. I don't believe the job they did was a fair price and I would like some help to investigate and possibly help me with my check situation. Currently I have the check but they call me to come pick it up. I told them that I didn't consent for the check to be cashed in until we find a solution. I would highly appreciate if I get some help with this situation. Thank you

  

  Business response

  05/10/2023

  Response to ********************* complaint:
  
  
  The first thing we would like to correct is that there was no mention of a lawyer representing him. There was the mention of the Public Adjuster representing him on a claim for the damages his house sustained during the storm.
  
  As Public Adjusters we charge a fee of a percentage of the approval amount of the claim for representing them with all the paperwork, inspections with the insurance, damage mitigation if needed, etc. That fee is waived if the insured decides to retain our recommended Contractor to do the work, in which case the contractor is responsible for the Public Adjusters fees. All this is written on the letter of representation which is drafted and approved by the ********** of ********* in ******** and is read and signed with the insured.
  
  We proceeded to represent the claim and once approved the home owner signed a Work Order for the job to be completed. The insured decided to retain our Contractor and not pay the fees of the adjuster. He requested additional work that the insurance had not paid for which included the replacement of 2 regular windows and 1 double window. This includes the actual purchase of the windows as well as the labor to measure and install them, which was completed. 
  
  When we replaced the siding we also added wood sheathing to the dormers of the house as they only had compressed cardboard that was moldy or rotten in some areas because it had sustained water damage. We figured it would be better insulated if we removed the damaged area and completely covered both dormers with plywood. This expanded the scope of work and was not in the Work order or paid by the carrier, but we still did it for better service and protection even though we knew the insurance would not cover it because regular policies do not include structural damage by age or mold.
  
  When approving a claim with the insurance there are always "Supplements" involved at the end of the job. Supplements are items the insurance must pay usually at the end of the job because they can't be accounted for before the work is completed but are part of the claim, either for code compliance or because they were pre-existing but not always visible, etc. 
  For example: If the insurance pays for a job to be performed because of damage that requires a permit, the insurance is also liable for said permit. But they can't pay for it until it is pulled because they have no way of knowing the price. This is why when we write the work order in the area where we put the total amounts, we always include the wording "plus all insurance supplement proceeds" which was explained to the insured and is on his signed Work Order.
  
  The only things that were supplemented on this job were the insulation on the house. The permit and the detach and reset of two light fixtures. Detach and reset means disconnect and connect back again properly.
  
  The reason the insurance paid the permit after was because there was no way of knowing the price for that until it was pulled which is why we sent the insurance a copy of the permit and the final invoice.
  
  The insulation usually is paid when incurred because before you start a job on a house it is difficult to know what type of insulation they have under the siding and the insurance can't rip a piece of siding to look at what's underneath. So it is the contractors job to take pictures of the old insulation as well as the new one being installed to then send the supplement to the insurance for them to pay.
  
  The insured was aware of this and it was explained. It is on his signed Work Order. All the work on said Work Order has been completed plus additionals not paid by the insurance and he is still retaining the check that the insurance sent. Not only is he refusing to pay the supplements for the insulation installed and the permit that was pulled but also the rest of the money for the work he had already agreed and signed to pay. We have only received part of the payment at this point.

  He has had the check for a while now and there is a Contractor plus a materials supplier that need to get paid for all the work already completed.
  
  We have the documentation as well as photos to back up everything said here as well as the work that was performed. If we do not receive payment by the end of this month, we will have to send it to our legal department for handling.
  
  At this point the homeowner is just incurring in a no base negative defamation, our company has complied with everything and gone mile beyond. 

  Customer response

  05/12/2023

   
  Complaint: 19946961
  
  I am rejecting this response because: I was told there was a lawyer involved by the sales guy. I also did not request additional work. The sales guy told me that instead of them covering all the windows with aluminum covers (that was part of the the claim). he could replace the windows instead. So thats what happened. I was was also told that any plywood that needed to be replaced would be replaced at no cost. I am not holding any check since I only got one check that got canceled because I couldn't cash it In. I was not aware that both parties had to sign the check. So I requested a new check by the insurance company but have not gotten any check so I am not holding any check from the company. They also worked with my insurance so they can easily call them and requested themselves. I know I signed the paperwork for the company but I did it while I was excited about the work that I was going to get done to my house. Trusting the company that I was being told the truth. That did not happened. The sales guys told me something different and I was never told about the additional payment that was going to be requested to my insurance. That is something that I should have known. 
  
  Sincerely,
  
  *********************

  

  Business response

  05/20/2023

  The letter of representation signed was a Public Adjuster Contract and all the communications with the insured during the claim always spoke of the Public Adjuster. 
  
  It seems to us that the homeowner has already admitted that he did in fact participate in the negotiations of the work being done on his house and agreed with everything he signed for. He requested to change the replacement of the aluminum wrap on the trims of his windows for actual windows which is a good negotiation on his part since windows are expensive and a much more important part of the home. The deductible was also negotiated so that he would not have to pay for it and all the work that he was "excited for" was in fact completed. 
  
  We did mention that we would replace rotten wood but sheathing a whole area is much more extensive. Either way, whether the homeowner requested it or not we performed all the work in the best way and completed all our responsibilities in the signed work order. We always try to give the best service possible in all of our jobs and include any upgrades that we consider necessary for the home's improvement if our budget allows it. It saddens ** that this situation has come to this after all the hard work that we put in. 
  The items supplemented were explained on the work order and were installed or used in the house in some way. Weather it was for permitting, insulation or light fixture installing.
  
  It seems to ** that the homeowner has changed his mind after all the work that he mentioned he was so happy for has been completed and wants to keep the money still owed. We understand that sometimes people change their minds but that is not the way to conduct business. He mentioned that he is not retaining the money but he already tried to deposit two checks with our name on it and when our sales representative called him inquiring if he had received it, the homeowner mentioned that the money was his to keep and that he would make it very difficult for us to receive and even threatend that we would have to "fight for it legally". He also mentioned that he would investigate the company to see if it was even real or legal, which is a little bit ridiculous when you take into consideration that there is a county permit with our name on it which requires that the company be registered and licensed.
  
  The checks that the homeowner deposited bounced back for lack of our signature and he had to request new ones to be sent by the insurance company. We spoke with the insurance and they have confirmed that they sent two separate checks, one for the depreciation and one for the supplement, and the insured deposited both. This seems suspicious to ** in the sense that not only does it seem like he wants to keep the supplement money but the rest of the money as well. The latest checks that he requested be sent again were mailed on April 12th so the insured should have it by now since it has been over a month.
  
  We are hoping to resolve this in the best way without having to affect anyone involved but at this point our legal department is considering putting a lien on the house if the homeowner does not agree to pay the money that is owed. We do not want to jeoperdize anyone and hope to resolve this in a friendly manner but we also want to make it clear that if necessary, we will take legal action on any defammation comments that might rise in the future regarding this.

  Customer response

  05/24/2023

   
  Complaint: 19946961
  
  I am rejecting this response because: I only tried cashing in a check once and the reason behind it was because I thought it was for me since the insurance had sent a check out to the company already. And like I said I have not received a check yet. I am not trying to keep the money that is for the company. What I'm trying to figure out is the fact that yes I did sign the paper but it was for a lower price than what the total amount the insurance sent out. And why I wasn't informed that this company requested more money from the insurance without letting me know. 
  
  Sincerely,
  
  *********************

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