Portland, OR asked in Insurance Bad Faith for Oregon

Q: I had a water from an ice dam last year and had an insurance claim. I just had rain damage again in the exact same spot.

I informed my insurance company to base the new damage on the old claim. They said it's a new claim. I have a $4500 deductible. What is my best approach? The restoration team said they could not determine if it was related. So far they haven't informed me that I even have a claim and it has been nearly 2 weeks. I reported it immediately.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: An Oregon attorney could advise best, but your question remains open for two weeks. One option is to consult with an architect or civil engineer about the prospects of proving a common thread between both sets of damages. Given that the restoration team's position is that they could not determine that the two sets of damages (known ice dam and second rain) are related, that could be a hurdle you need to overcome. If there is a denial memorializing the insurance carrier's position, you could consider discussing that with an attorney, in terms of available recourses - civil court (or equivalent), small claims, arbitration, etc. (these options could hinge on the template of the denial and carrier's standard operating procedures). At the very least, hopefully you could gather information about legal fees, expert costs, and other expenses to help you decide on the most practical and cost-effective direction to take here. Good luck

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