Asked in Insurance Bad Faith for California

Q: Who is responsible for cost of repair and damages to my floor durring demo work on an insurance claim? Contractor/ Insur

Demo work was performed by a insurance picked contractor and damages to my tile were made. insurance is fighting hard not to pay and contractor really not responding. what do i do?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Insurance Claims Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when damages occur during contractor work, especially under an insurance claim, the responsibility for repair costs generally falls on the party at fault, which could be either the contractor or the insurance company. If the contractor caused the damage, they might be liable for repairs. However, if the damage is part of a covered loss under your insurance policy, the insurer could be responsible.

Since the insurance company chose the contractor, they might bear some responsibility, but this can depend on the specifics of the contract and the nature of the damage. Review your insurance policy to understand the coverage terms and exclusions. It's also important to examine any contract or agreement you have with the contractor.

If the insurance company is resisting payment and the contractor is unresponsive, consider sending formal written complaints to both, detailing the damage and requesting resolution. Document all communications and damages with photos and detailed notes. If this doesn’t lead to a satisfactory resolution, you may want to consult with an attorney who can provide legal advice specific to your situation and potentially represent your interests in a dispute with the insurance company or the contractor.

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

A: To offer meaningful input, it would be helpful to see the insurance carrier's denial or correspondence that presents its position, which should include the basis of the denial. In terms of what to do, one option is to try to continue working with the carrier (depending on the nature of the denial) - another option is to try to arrange a free initial consult with an attorney who deals with insurance claims to review the matter. Good luck

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