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

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.

Do NOT file with your homeowner's insurance. This is exactly what the contractor's general liability insurance is for.

If you file with your own insurance:

• You'll pay your deductible (typically $1,000-$2,500)
• Your premiums will likely increase
• It counts as a claim on your record, which can affect future insurability
• You're essentially letting the contractor off the hook

The contractor should have general liability insurance that covers property damage caused during work. Ask for his insurance information and file a claim directly with his carrier.

Been through this exact scenario. Contractor broke a window during siding replacement. I filed with HIS insurance. Took about 3 weeks but they paid the full claim, no deductible for me, zero impact on my homeowner's policy.

Get the contractor's insurance certificate and policy number in writing. If he's licensed (which he should be in Oregon), he's required to have liability insurance.

Thanks @JenniferM_Law. The contractor did give me a certificate of insurance when we started the project. Should I contact his insurance company directly or ask him to file the claim?

Also, he's been kind of dodgy since the damage happened. Not returning calls as quickly. Worried he's going to drag his feet on this.

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:

1. Call the insurance company listed on the certificate
2. Report the damage as a third-party property damage claim
3. Provide details, photos, and your repair estimate
4. They'll assign an adjuster to investigate

Document everything: take extensive photos of the damage, get multiple written repair estimates, keep all communication in writing (email, text).

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

Just a thought - before you go the insurance route, did you ask the contractor to just pay for it directly? $8,500 might be below his deductible or he might want to avoid an insurance claim on his record too.

Some contractors will just cut you a check to avoid the hassle and premium increase. Worth asking.

@DIY_Nate makes a fair point. You could offer the contractor a choice: "Pay $8,500 directly within 10 days, or I'll file with your insurance carrier."

If he pays directly, get a written settlement agreement stating:

• He's paying $8,500 for the floor damage
• Payment is in full settlement of this claim
• You release him from further liability for this specific incident
• Timeline for when repairs must be completed or payment made

Do NOT sign any release until you have the money in hand or the repairs are completed to your satisfaction.

Update: finally got him on the phone. He's claiming the damage was "pre-existing" and that our floors were already damaged. Complete BS - we have before photos from the listing when we bought the house 2 years ago showing the floors were perfect.

He's now saying he won't file a claim and I should "take it up with his insurance if I want." Super frustrating. Guess I'm filing the claim myself.

The 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.

I manage 40+ rental properties and deal with contractor damage claims regularly. Few additional tips:

• Check if you withheld any payment from the contractor - don't release final payment until this is resolved
• Oregon requires contractors to be bonded as well as insured - if insurance doesn't cover it, you can go after the bond
• File a complaint with Oregon CCB (Construction Contractors Board) - this creates a record and they can help mediate

The pre-existing claim is a common contractor dodge. Your photos will shut that down.

Quick update: filed the claim with his insurance company on Friday. They assigned an adjuster who's coming out Wednesday to inspect. I still have the 15% final payment ($3,200) that I haven't released.

Also found text messages from right after it happened where the contractor said "we'll get this fixed for you, just give me a few days to figure out the best approach." Pretty clear admission of responsibility.

Will update after the adjuster visit. Thanks everyone for the advice.

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.