Burden of Proof

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The insurance company insists that it is the insureds burden to proof their loss. What does this mean? It means that the insurance adjuster that is sent by your carrier is not allowed to look for damage. In fact they are told they are not allowed to look for damage. It sounds crazy and it is, but you have to remember it is in the carriers best interest to under pay your claim, and if they are not responsible to look for damages then they are not going to have to pay anymore than you point out. The problem is they do not tell you this is the case and they are not going to change their ways.

This means you are responsible to prove your damages.

How is this done? You will need to be very thorough while inspecting your damages. If this is hail or wind damage, you will have to find all of the damages to the roof, vents, shingles, soft metals, satellite dishes, A/C Condensers, siding, windows, screens, gutters, down spouts, doors, fences, etc. Then you will have to determine if there was any water intrusion. This is when the roof was damaged and water leaked into the attic, insulation, drywall, ceiling and walls. Water can be very tricky it is hard to find and travels along wires, rafters, and pipes as well as saturates the drywall. Wet walls are often damaged but appear to have no damage due to the paint on the wall. This is only discover-able with specialized tools such as a thermal imaging camera, or at minimum a moisture meter. Water can turn septic and start growing bacteria and spores in as little as 24 hours.

The other burden of proof is code related items- This includes understanding your current construction and the applicable IRC, IBC, or ICC codes applicable to your area and state. You will also need to know the insurance laws for your state. This may include indemnity, matching, or Consequential damage laws.

Finally you will need to know the manufacture recommendations on the products and what is required by the manufactures to make a repair or replacement of a product.

Clearly for the average homeowner this burned of proof is greater then they are able to bear. It is also why 99% of all insurance claims are under paid, and why most home owners take it on the chin.

We operate on a contingency basis. That means if we can’t help you then we get nothing. Let us and help relieve this burden of proof.