Pomona, CA asked in Insurance Bad Faith and Insurance Defense for California

Q: Could you answer to info on insurance adjuster?

I own a tree care company, we where providing services removing a tree stump. We had the area covered to prevent flying debris, also a 50ft edge was covering the side. On the other side of the 50 ft hedge a lady came by and said that an our earlier we had broken her sunroof window. I said I would check cameras on building where she claimed we broke her sunroof and if it showed we broke it I would pay. Once I said that she got defensive and wasn’t ok with me checking and demanded me to pay her. So we got no where, 5 month later her insurance adjuster contacted me saying she now claimed we dropped a whole tree limb, when we where not cut libs but stump grinding. I said to insurance adjuster that it was not true and I was not going to speak with him. Is there any legal problems for something someone is making up.or what should I expect?

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: What can you expect? You can expect a demand letter from the insurance company asking you to pay for the damages and unless you pay them the insurance could be suing you for the money they paid on the homeowner's claim. If it goes to Small Claims, or any Court, they have to prove up a case. You have the right to subpoena camera recordings showing the damage at that time, and you have the right to question the homeowner. But in Small Claims you don't have the right to be represented by an attorney, but one can adivse you how to handle the claim.

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