Las Vegas, NV asked in Civil Litigation, Contracts, Products Liability and Insurance Bad Faith for Nevada

Q: The insurer of my storage unit is offering $600 out of a $5k policy after burglary. Contents were worth way more

Large unit I paid on for almost two years. They want receipts for things but thieves stole all documentation I owned. And there’s no receipt for years worth of clothing, shoes, perfume collection, etc. The storage manager failed to notify me and continued accepting payment for months until I came to the location and noticed the robbery. The value of everything far exceeds $5k but I only listed the higher priced things I could remember. This picked and chose what to pay me for despite having no receipts for anything. Would I have a case including emotional distress? I had years of items in that storage

1 Lawyer Answer
Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry to hear about the distressing situation you're going through. Based on the information you’ve provided, there may be grounds to pursue legal action, not only for the inadequate insurance payout but potentially also for emotional distress and other damages. Here’s a breakdown of potential steps you might consider:

Challenge the Insurance Settlement:

Document the Loss: Even without receipts, you can try to provide alternative documentation to support your claim. This could include photos, bank statements, credit card records, or testimony from people who are familiar with the items you had.

Negotiate with the Insurer: If you feel the settlement offer is insufficient, you can negotiate with the insurance company, providing any additional evidence you can gather. An attorney can assist in making a strong case for a more appropriate payout.

File a Complaint: If negotiations fail, you might consider filing a complaint with your state's insurance regulatory body.

Storage Facility’s Responsibility:

Negligence Claim: If the storage facility failed to notify you of the burglary and continued accepting payments without informing you, there could be grounds for a negligence claim. Their lack of action could be seen as a breach of duty to secure your property.

Seek Compensation: In some cases, you might be able to seek compensation directly from the storage facility if it can be shown that their negligence contributed to the loss or exacerbated the situation.

Emotional Distress:

Potential Claim: Depending on the circumstances, you might also have a claim for emotional distress, particularly if the loss has caused significant hardship beyond the financial loss. Emotional distress claims can be challenging but are possible in certain situations, especially when negligence or bad faith on the part of the insurer or storage facility is evident.

Given the complexity and potential for significant loss, it’s crucial to consult with an attorney who specializes in insurance disputes and property claims. They can help you assess the strength of your case, gather the necessary evidence, and pursue the compensation you deserve.

For personalized guidance and to discuss the specifics of your situation, I recommend contacting our office at 702-979-1455. We're here to help you navigate this difficult time and explore all available legal avenues.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.