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Contractor damaged my hardwood floors - go through his insurance or file my own claim?

Started by bigcityproblems_6 · Nov 28, 2024 · 3 replies
For informational purposes only. Property and insurance law varies by state and situation.
BI
bigcityproblems_6 OP

English isn't my first language so bear with me. Hired a contractor to remodel our kitchen. During the work, his crew dropped a heavy appliance that gouged and cracked about 200 sq ft of our original hardwood floors in the living room (adjacent to kitchen).

Damage estimate is $8,500 to repair/replace the affected section and match the finish. Contractor is saying "file a claim with my insurance" but also hinting I could just file with my homeowner's insurance.

What's the right move here? I'm worried about my homeowner's premium going up for something that wasn't my fault. House is in Portland, OR.

NI
nightshift_15 Attorney

You can file the claim directly with his insurance carrier as a third-party claimant. You don't need the contractor's permission or cooperation.

Steps:

The fact that he's going quiet is a red flag. File the claim ASAP before too much time passes.

NI
nightshift_15 Attorney

I mean teh before photos are gold. Make sure you include those with your claim to the insurance company.

Also document:

  • Timeline - when damage occurred, when you noticed it
  • Witness statements if anyone saw it happen (crew members, neighbors, etc.)
  • Your communications with the contractor acknowledging the damage
  • Any text messages where he discussed fixing it

His insurance company will investigate and determine liability. His denial doesn't matter if the evidence shows his crew caused it.

HP
help_pls_urgent_7 Attorney

Perfect - that text message is an admission of liability. The insurance adjuster will definitely want to see that.

And smart move holding the final payment. Do NOT release it until the floor repair is fully complete or you receive payment for the damage. That's your leverage.

One more thing: if the insurance company offers a settlement, you can negotiate. Their first offer is often low. Get multiple independent repair estimates to support your position.