Consider this scenario: you’ve hired a roofer to come out and make some repairs. He suggests that the limb overhanging your roof is part of your problem and should be removed. But when attempting to remove the limb, it shifts and lands right in the middle of your roof, causing some significant damage. Now, you need far more than a simple repair. Who is responsible for this new roof damage? And how and where do you file a property damage insurance claim to get it repaired? Let a Doylestown property damage lawyer at Saffren & Weinberg walk you through your options.
Most Professional Contractors Will Agree to Work with You
While licensed professional contractors rarely cause major damage to a client’s home, accidents do happen. It may be minor damage, such as scratching your wood floors when moving a heavy household appliance, or a more serious accident, like starting a fire at your electrical panel or cutting a water line to your home. Fortunately, when a contractor causes damage to your home, it will usually be their responsibility.
Generally, more minor damages can be fixed or compensated directly by the contractor. The more significant the damage, the more likely it will be that it will need to involve the contractor’s insurance company. But what happens if your contractor isn’t insured, denies responsibility for the damage, or the damage was due to the contractor’s negligence?
Is Your Contractor Insured?
Whenever a contractor accidentally damages your home during a job, it is their responsibility and should be covered by their property damage liability insurance. To avoid potential issues, you should only hire licensed, bonded, and insured contractors.
You can check with the Pennsylvania Attorney General’s website to ensure your contractor is registered. The website will give you:
- The contractor’s contact information.
- The contractor’s insurance company.
- Information on any previous home improvement businesses they have owned.
- The names of all parties with an interest in the business.
- Who holds a contractor’s license.
- Any bankruptcies, criminal pleas, or convictions for fraud.
- A map showing where the company is physically located.
Remember that registration with the state is not a license, state approval, or any indication of the quality of their work. It’s up to you to thoroughly check their references and do your due diligence before hiring them.
Before you hire a contractor, sign a contract, or begin any work, ask them for proof of insurance and check that their coverage meets state requirements. Also, ask the contractor for copies of their property damage insurance so you have it on hand in case of damage.
Review Your Contract
Carefully review your contract before you sign it. A contract should not only specify things such as the scope of work, the completion date, and costs, but it should also mention your contractor’s license number, their responsibilities in case of damage, and what remedies and procedures are available to you to resolve any damage that may occur.
Document the Damage
Document any evidence of the damage. Take photos and videos from several different angles to ensure you’ve captured the full scope of the damage and keep detailed records of any of the work completed and the date and time the damage occurred to the best of your knowledge.
Notify Your Contractor
Notify your contractor as soon as possible after you find the damage and know beforehand what you want in the way of resolution. Clearly and reasonably state your expectations.
If the damage is relatively minor and your contractor is willing to take responsibility, you can negotiate compensation or repair work directly with them. But remember that any verbal agreements are not legally binding, and you should only consider this if you trust the contractor and have a good working relationship with them.
Filing a Property Damage Claim with the Contractor’s Insurance Company
Your contractor may file a claim for your damages with their insurance company. You can help them support the claim by providing evidence of the damages and cooperating with the insurance adjuster, who will need to inspect the damages and review the claim.
While your contractor should file this claim, they might not accept responsibility for the damage, refuse to communicate with you, ignore your attempts to resolve the issue, or have elapsed a reasonable amount of time without resolving the issue. You will want to contact the contractor’s insurance company directly in this case.
What Happens if Your Contractor Denies Responsibility?
If your contractor denies responsibility, you can file a claim directly with their insurance company, providing them with all the evidence you have accumulated and any information they need to understand the extent of the damages and how they happened. While some insurers will open a claim based on your evidence, others will often take a wait-and-see approach.
Unfortunately, you may have to file a lawsuit against your contractor and/or their insurance company. You can also file a complaint with the Pennsylvania Attorney General’s Bureau of Consumer Protection. If you are having difficulty getting fairly compensated for your damages, you will want to get the assistance of an experienced Doylestown property damage lawyer to help you understand your legal rights and guide your decisions.
Can You File a Claim with Your Own Homeowners Policy?
Your homeowners’ policy is designed to cover sudden and accidental damage to your property and personal belongings. If the damage caused by your contractor resulted from an unforeseeable accident, your homeowners’ policy may cover the damage. Check the terms of your policy.
But the damage may have been caused by your contractor’s negligence. There are many forms of contractor negligence, including poor workmanship, inadequate supervision, using defective materials, failing to adhere to appropriate building codes and standards, or cutting corners during the scope of the work. Furthermore, if the work on your property was part of a home improvement or renovation project, you may also have protections under Pennsylvania’s Home Improvement Consumer Protection Act.
Getting the Assistance of a Doylestown Property Damage Lawyer
Getting fairly compensated for property damage caused by a contractor is not always simple. Fortunately, the state of Pennsylvania has statutes that regulate contractor liability and property damage insurance. If your contractor has caused damage to your home and you struggle to get fairly compensated, an experienced Doylestown property damage lawyer at Saffren & Weinberg are here to help. Call us at (215) 576-0100 or schedule a free consultation through our website contact form.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.