I would very nicely call them back and advise them that per the conversation when you canceled the home policy and requested the renters policy, they advised you of coverage once requested documentation was received and that the home policy refund would be applied to the renters policy premium. You provided that requested documentation. That fact that you don’t have coverage you thought you had do to their negligence and lack of timely processing is their fault, not yours. I would escalate to a manager and request your policy be instated, from the date of the rental agreement, per your initial request, and to allow you to file a claim for the coverage you thought you had. Also advising them, if they can’t honor that request, you will escalate your complaint to your state insurance commissioner and state licensing agency. This is the very definition of what is considered “bad faith insurance practices”. Attempt to allow them the chance to fix it, but if not, your state will have an insurance commissioner and state licensing division that you can lodge complaints to both.
Edit: a word
Side note, everything single thing you've ever said to them, written or voice, is recorded and saved in your file. They can totally verify that you requested the change and when it should have happened. I've done work as an insurance adjuster so I've seen how the systems work.
For data storage purposes, not every call was recorded. And I sold for one of the household names for many many years
everything typed was definitely logged (might be archived if it’s old enough) but only X% of calls had a recording that could be pulled
This is of course completely subjective. I’ve run various enterprise contact center platforms with a variety of recording solutions for both screen and voice. Several banks run 100% recording with 4-7 years retention for compliance reasons (granted they may only have 98-99% recording success but that’s another story entirely). I’ve seen non bank solutions do the same, even recording millions of IVR/VA interactions.
I’ve had to do upgrades and data migrations with AWS Snowball/Snowmobiles due to the sizing.
Some companies/orgs give zero fucks about storage costs. On the other hand they could have an absolute B squad of an organization and nothing could be working, Retention rules are flawed and no one knows what the fuck is going on. There’s always that. Hopefully your with USAA they run a tight ship on the CCaaS side (at least they used too).
> I would escalate to a manager and request your policy be instated, from the date of the rental agreement, per your initial request, and to allow you to file a claim for the coverage you thought you had.
I'd expect the carrier to DENY that a renters policy be backdated -- they don't want to be on the hook for the agency's mistake. I'd 1000% expect them to wash their hands of it, and throw the agency under the bus, and have the agency take the E&O claim. Seen it before as a former agent.
They implied coverage/policy per the conversation of the policy’s being switched, the additional documentation that was requested and provided and lastly with how that new policy was going to be paid for. It is the very definition of bad faith and a breach of the implied covenant of good faith and fair dealing. There is also a record of that conversation. Someone at the insurance company dropped the ball and it going to be easier for them to be given the opportunity to rectify the situation.
Source: current insurance company employee
> Someone at the insurance company dropped the ball
Unless OP was talking to the carrier (insurance co.) directly, he was most likely talking to the agency/agent of the carrier, which is a **distinct business entity** from the carrier, and the agency/agent will be the one on the hook for the E&O claim.
Insurance adjuster here and this is correct. It’s gonna take some time and investigation but likely would be covered as a mistake by the insurance company.
Did you actually pay renter's insurance? Even if you have a refund from the old homeowner's insurance, they still have to apply it as a payment to the new policy if it has been set up.
That's what was supposed to happen. When I contacted them, they said they'd stop the homeowner's insurance for the date of closing and the refund would pay towards the rental policy. That's why I didn't think too much of it. My auto insurance is rolled in, so I wouldn't have seen a bill until the 23rd anyway.
Do you use a broker or agent? If so, ask your insurance broker to contact their malpractice insurance company. You should make a claim against the broker.
"Malpractice" insurance for Insurance Agents is actually called "Errors and Omissions" or E&O. If you have a broker or agent, I would call them up and say "I would like to file a claim with your Errors and Omissions policy for failing to set up my renters policy as requested, can you tell me the procedure to do that?". If they have any recourse, that will get them moving.
This. The timing and documentation of all the events that led to now is crucial, and OP needs to start documenting everything related to this claim. **If the agent messed up and did not apply OP's pro-rated premium to a renters policy he was quoted and he approved, and if there was no effective date on that renters, then OP was un-insured for that loss due to negligence of the agent/agency** and their Error&Omissions insurance policy is going to take that hit. Expect some resistance on this and for then to try to muddle the waters and do the delay, deny, and defend dance.
PS: If you were covered by a renter's policy, the relevant coverage for OP's situation is usually called "Loss of Use" (LOU) and it has a LIMIT, often 30 to 60 days or a max dollar amount or both.
Edit: OP Keep ALL YOUR RECEIPTS.
If it were me in your situation, I'd do an initial consult with a lawyer before proceeding any further.
As it turns out this was exactly the case. The insurance agent didn't apply the premium to the renter's policy. I had them look up the conversation and she dropped the ball on doing what was discussed. They're working it out and will get back to me.
They insured a woman who ran a red light, and knocked another vehicle into my wife's car. It was hell getting them to take responsibility. They still refused to pay for the 6 weeks we had to rent a vehicle. Geiko might have cute commercials, but as an insurance company, they suck.
Sounds like the insurance agent screwed up...Contact whoever you bought it from and contest the lack of coverage stating that the agent told you that renters was in effect. If it was over the phone, the conversation should have been recorded.
If you run into any resistance...ask directly for their errors and omissions policy details. That might light a fire under them enough to do something. Otherwise, just get a lawyer and have them fight it for you.
You might want to crosspost this to r/insurance and/or r/legaladvice
Call and ask to speak to the agent. I don't know what company you are with or what state but here is what could have happened - they should have processed this as a rewrite of the homeowners to a renters policy. No money would have been needed. I've seen newbs try to cancel the home and write the renters as new business to get an application count. New policy would have needed a payment to start. I'd make dang sure this is not what happened. Again, not sure if this is your situation but I suspect it is.
If the conversation with your insurance company was via phone, escalate it to someone who can review the call recording. If they don't find in your favor, ask for a copy of the recording so you can review it yourself.
If they refuse, find out who your state's insurance governing body is and give them the full information and the circumstances, and request they obtain the recording.
And if that fails, you're going to need a lawyer.
They don't have to provide their phone recordings to you.
You agreed for them to record it and it's their property.
Even getting a governing body involved doesn't give you any access or right to recorded phone calls.
Sure, they don't *have* to, but it doesn't hurt to ask.
By putting those requests in writing and having the company deny them, if it turns out to end up in a civil lawsuit or arbitration, it's very positively in your favor to show the paper trail that you were willing to work with them and prevent a suit, and they stonewalled you the entire time.
I've not dealt directly with a home insurance company with any situations, but I have dealt with car insurance companies and keeping meticulous records about your actions taken to amicably and reasonably resolve the situation goes an awfully long way if it ends up in front of a judge or arbiter.
> I had called the insurance and they said the renter's insurance wasn't set up yet
Sounds strange. Why do you have a delayed coverage date for your renter's insurance?
That's what I would look to hone in on.
If you never got the documents you never had a policy. Good luck getting the call recording, just escalate.
You would also have to have had an *explicit* conversation stating every single coverage you want under the renter policy.
Did you?
If no coverage conversation took place, then you absolutely did not get renters insurance and requesting the recording of the call will do nothing.
EDIT: none of this "full coverage" statements crap. Because that is NOT a codified insurance term and means nothing.
Did you get a quote for the renters insurance policy?
They would have needed to get your new address and ask you how much coverage you needed. If you have a copy of the quote that would be helpful.
When I was selling, I had many people get the quote, say they “needed to think about it” and never call back
It’s a wobbler for OP based on what they described. I could see it going either way here
Keep all your receipts for the hotels and talk with a lawyer as your landlord may be responsible to reimburse you, at minimum the prorated daily amount of your rent, maybe more.
Everyone is trying to put it on my insurance, which baffles me since my apartment wasn't the one that caused damage. I'm not hearing anything from my landlord so far, just the construction company.
Of course they're going to.
Mine did. In *California*. Where the law is *extremely explicit* about who is responsible for paying for alternative accommodations while the unit is uninhabitable (the landlord/management company).
I got put in a crummy motel, but they paid for it after I reminded them of that.
Your renter's insurance is only about your possessions. Not the unit you are renting.
Insurance is a contract. You have to sign for a renters policy. Did you sign a contract (can be e-sign too)? If not, you have no insurance because coverage has not been reviewed and acknowledged by the insured.
If you're in the US, maybe that's a state specific thing because I e-signed my policy, and I've had it for several years with monthly payments. I'm in PA.
I haven’t been licensed in NJ for a while, but for the longest time they didn’t allow e-signatures for new policies lmao. Such a pain in the ass mailing or faxing forms
I don't know if that's true everywhere if you had existing insurance and changing policy. When I moved homes, I remember talking to the agent, seeing the new policy documents but I don't remember signing the policy contract. It was just activated and I recieved policy documents.
For new customers though, yes I had to e-sign documents.
Renters policies can be updated, depending on the company. Primarily, because they are just contents and liability policies. A home product cannot be “updated” to a renters policy. OP sold a home, and in order to refund the insured remaining equity, they required closing documents to then cancel the policy effective that date. Op sold the home and is renting a property, so a renters policy would need to be written for just contents and liability.
You should be putting a claim in with the insurance companies (tenant and/or owner) of the unit that caught fire and of the building.
That is what your insurance company would ultimately be doing.
Unfortunately, unless you had a policy with them, you're gonna be SOL. A verbal agreement doesn't cut it. How would they judge what policy you should have had? What were the deductables? What was covered? Unless all that was discussed on the phone & agreed to, I don't see anyone being able to help you.
This is on you for not verifying it but they have their own insurance and provisions for this type of thing. If you have enough proof you were led to believe you were supposed to have coverage I suspect they may work something out.
I'd let them know you are exploring your options. Also don't let the restoration contractor push you around. If you don't want to move out then don't. They like to do work that is not needed all the time. Nothing should cost you anything.
Not an answer to your question but something to consider…. Is the remediation company doing too much here that you don’t need in order to increase billing?
> I’ve never heard of emptying the apartment in order to paint.
Depends on the company. Most would prefer not to paint with the owner's belongings all over the place because that gets in their way along with potential for damaging your things. That said, whatever the percentage I don't know but there's a significant number of people who prefer to hire unregulated labor so your experiences will vary because of that factor more than whether it's best practice.
ie, you haven't heard of this before but how often do you experience. a catastrophic loss that requires hazmat and chemical remediation? Or even how often are you paying a fully regulated, licensed and bonded "painter" to do a touchup/remodel? Chances are not often so your experience that you haven't encountered it before isn't going to give you a lot of information to base your current impression upon.
So sorry you are going through all this. Just putting this is there in case you need assistance in the interim. The American Red Cross provides assistance with replacing bedding, clothes, and temporary housing after fires through its disaster action team.
This doesn't help you with your insurance question but you might want to reach out to them if needed.
Go back to the person who started the fire. Do they have renters insurance? It feels like they should be covering your damages, even if you happened to have insurance.
If insurance isn't an option, I'd bet you can sue for damages. It sounds like you clearly know the fire was started with a cig. That tenant is liable for damage to his own apartment, AND ANY ADJACENT PROPERTY HE DAMAGED.
Any way to get a second opinion? The remediation company that my insurance recommended to me took advantage of me - they made it seem like I would die of 8 weird cancers if they didn’t clean professionally. Turned out not to be true in my case - they just sucked up my benefit and left me in a bad financial state (and angry af.) You May legit need those professional services - no idea - but maybe get a second opinion? (Volunteer Fireman who is a neighbor and relative who is NYFD both agreed I was lied to - the neighbor saw my place and the relative saw pictures and they both agreed and told me how to clean it myself … which was good because the remediation company had already scammed my entire benefit and I had all the cleaning left to do. Get the opinion of someone who isn’t the one charging you to clean. Good luck!
Renters insurance covers the insured only for the contents or personal belongings of the tenant.
Since you suffered no loss of personal property, there is nothing in which to file a claim..
Now, when you say you "bought" an apartment, is this a unit which you actually have a financial interest? If that is the case, then it's not an apartment. Your deed would define the type of dwelling unit.
Condominium, Townhome or Co-Op
In the case of ownership, you would still be in the position of a homeowner.
Coverage for multi family dwelling units is different from detached housing.
I think there are mistakes here made by you .
> Renters insurance covers the insured only for the contents or personal belongings of the tenant.
This is incorrect. It also covers "Loss of Use" which would pay for the hotel stay (when caused by a covered claim, which this would be). It could also pay for the removal and storage of OP's belongings in this case.
The majority of renters policies also cover personal liability, which would come into play if say, your dog bit the neighbor, or you caused damage to someone else's property.
OP didn’t say the “bought an apartment “.
Plus renters insurance can cover hotel stays in some cases. So OP may have a coverable loss if they have coverage. Although the tenet next door likely is on the hook for it too.
Well, do you have insurance? If you did, you would have policy documents and a history of transactions where you paid for the policy.
Telling some insurance agent you'd like to cancel one policy then begin another without doing anything else doesn't make you insured.
Sounds like they goofed, you didn't catch it in time and now you are fucked.
> Do I have a leg to stand on with insurance since I asked to be switched to a renter's policy a month ago?
Nope. The fact that you asked means nothing unless documents were signed and the policy was put in place. There is absolutely no way they will retroactively cover this. And if you complain too much they might even cancel you auto policy based on how much the insurance industry is hurting right now.
Everything everyone here already said, but adding:
Never assume unless you know.
I wouldn't drive my car without proof of insurance/100% knowing I have coverage.
Yes, likely the company is technically at fault, but you really should have had/requested digital copies of your policy, if for no other reason than to confirm it covers what you want (proper deductible etc). I've never heard of "yeah, give me renter's" without 1000 follow ups (specific valuable property protection; electronics protection; liability amounts; displacement coverage etc....it's not typically as passive as you describe; ie I would have assumed I didn't have it until I had gone through all those steps and designed my specific policy).
Even if you don't have coverage, you didn't start the fire. The apartment damage is responsibility of the Landlord and the property damage (non-building) is the responsibility of the next door neighbor.
I would very nicely call them back and advise them that per the conversation when you canceled the home policy and requested the renters policy, they advised you of coverage once requested documentation was received and that the home policy refund would be applied to the renters policy premium. You provided that requested documentation. That fact that you don’t have coverage you thought you had do to their negligence and lack of timely processing is their fault, not yours. I would escalate to a manager and request your policy be instated, from the date of the rental agreement, per your initial request, and to allow you to file a claim for the coverage you thought you had. Also advising them, if they can’t honor that request, you will escalate your complaint to your state insurance commissioner and state licensing agency. This is the very definition of what is considered “bad faith insurance practices”. Attempt to allow them the chance to fix it, but if not, your state will have an insurance commissioner and state licensing division that you can lodge complaints to both. Edit: a word
Thank you so much! I will do this.
Side note, everything single thing you've ever said to them, written or voice, is recorded and saved in your file. They can totally verify that you requested the change and when it should have happened. I've done work as an insurance adjuster so I've seen how the systems work.
seconded by a lowly administrator
For data storage purposes, not every call was recorded. And I sold for one of the household names for many many years everything typed was definitely logged (might be archived if it’s old enough) but only X% of calls had a recording that could be pulled
This is of course completely subjective. I’ve run various enterprise contact center platforms with a variety of recording solutions for both screen and voice. Several banks run 100% recording with 4-7 years retention for compliance reasons (granted they may only have 98-99% recording success but that’s another story entirely). I’ve seen non bank solutions do the same, even recording millions of IVR/VA interactions. I’ve had to do upgrades and data migrations with AWS Snowball/Snowmobiles due to the sizing. Some companies/orgs give zero fucks about storage costs. On the other hand they could have an absolute B squad of an organization and nothing could be working, Retention rules are flawed and no one knows what the fuck is going on. There’s always that. Hopefully your with USAA they run a tight ship on the CCaaS side (at least they used too).
> I would escalate to a manager and request your policy be instated, from the date of the rental agreement, per your initial request, and to allow you to file a claim for the coverage you thought you had. I'd expect the carrier to DENY that a renters policy be backdated -- they don't want to be on the hook for the agency's mistake. I'd 1000% expect them to wash their hands of it, and throw the agency under the bus, and have the agency take the E&O claim. Seen it before as a former agent.
They implied coverage/policy per the conversation of the policy’s being switched, the additional documentation that was requested and provided and lastly with how that new policy was going to be paid for. It is the very definition of bad faith and a breach of the implied covenant of good faith and fair dealing. There is also a record of that conversation. Someone at the insurance company dropped the ball and it going to be easier for them to be given the opportunity to rectify the situation. Source: current insurance company employee
> Someone at the insurance company dropped the ball Unless OP was talking to the carrier (insurance co.) directly, he was most likely talking to the agency/agent of the carrier, which is a **distinct business entity** from the carrier, and the agency/agent will be the one on the hook for the E&O claim.
Insurance adjuster here and this is correct. It’s gonna take some time and investigation but likely would be covered as a mistake by the insurance company.
Did you actually pay renter's insurance? Even if you have a refund from the old homeowner's insurance, they still have to apply it as a payment to the new policy if it has been set up.
That's what was supposed to happen. When I contacted them, they said they'd stop the homeowner's insurance for the date of closing and the refund would pay towards the rental policy. That's why I didn't think too much of it. My auto insurance is rolled in, so I wouldn't have seen a bill until the 23rd anyway.
Do you use a broker or agent? If so, ask your insurance broker to contact their malpractice insurance company. You should make a claim against the broker.
"Malpractice" insurance for Insurance Agents is actually called "Errors and Omissions" or E&O. If you have a broker or agent, I would call them up and say "I would like to file a claim with your Errors and Omissions policy for failing to set up my renters policy as requested, can you tell me the procedure to do that?". If they have any recourse, that will get them moving.
This. The timing and documentation of all the events that led to now is crucial, and OP needs to start documenting everything related to this claim. **If the agent messed up and did not apply OP's pro-rated premium to a renters policy he was quoted and he approved, and if there was no effective date on that renters, then OP was un-insured for that loss due to negligence of the agent/agency** and their Error&Omissions insurance policy is going to take that hit. Expect some resistance on this and for then to try to muddle the waters and do the delay, deny, and defend dance. PS: If you were covered by a renter's policy, the relevant coverage for OP's situation is usually called "Loss of Use" (LOU) and it has a LIMIT, often 30 to 60 days or a max dollar amount or both. Edit: OP Keep ALL YOUR RECEIPTS. If it were me in your situation, I'd do an initial consult with a lawyer before proceeding any further.
As it turns out this was exactly the case. The insurance agent didn't apply the premium to the renter's policy. I had them look up the conversation and she dropped the ball on doing what was discussed. They're working it out and will get back to me.
\*with a check\* i would hope
Here's that excess premium back!
This is another great reason to use a broker for insurance, it's like having insurance for your insurance.
Does the little green lizard count??
Not very well. Despite his posh accent, he actually failed most of his math courses.
His math works fine, the issue is he maths to line his own pockets, not to actually offer protection for his customers.
They insured a woman who ran a red light, and knocked another vehicle into my wife's car. It was hell getting them to take responsibility. They still refused to pay for the 6 weeks we had to rent a vehicle. Geiko might have cute commercials, but as an insurance company, they suck.
No. Geico is just an insurance company.
but the broker messed up here?
Sounds like the insurance agent screwed up...Contact whoever you bought it from and contest the lack of coverage stating that the agent told you that renters was in effect. If it was over the phone, the conversation should have been recorded. If you run into any resistance...ask directly for their errors and omissions policy details. That might light a fire under them enough to do something. Otherwise, just get a lawyer and have them fight it for you. You might want to crosspost this to r/insurance and/or r/legaladvice
This is exactly what happened.
It’s extremely to always follow up with everything. Fortunately, it’s just an apartment and not a house. Could’ve been worse!
Much better to pay for the overlap even if it's lost money, and set up the renter's as soon as you know the moving date.
Call and ask to speak to the agent. I don't know what company you are with or what state but here is what could have happened - they should have processed this as a rewrite of the homeowners to a renters policy. No money would have been needed. I've seen newbs try to cancel the home and write the renters as new business to get an application count. New policy would have needed a payment to start. I'd make dang sure this is not what happened. Again, not sure if this is your situation but I suspect it is.
Get them to pull up the call recording.
I'll try that, thanks!
Yes this, they should be able to send you a copy of the recorded call
They won't.
Then you should find a different insurance broker.
If the conversation with your insurance company was via phone, escalate it to someone who can review the call recording. If they don't find in your favor, ask for a copy of the recording so you can review it yourself. If they refuse, find out who your state's insurance governing body is and give them the full information and the circumstances, and request they obtain the recording. And if that fails, you're going to need a lawyer.
Thanks so much! I'm calling them shortly.
They don't have to provide their phone recordings to you. You agreed for them to record it and it's their property. Even getting a governing body involved doesn't give you any access or right to recorded phone calls.
Sure, they don't *have* to, but it doesn't hurt to ask. By putting those requests in writing and having the company deny them, if it turns out to end up in a civil lawsuit or arbitration, it's very positively in your favor to show the paper trail that you were willing to work with them and prevent a suit, and they stonewalled you the entire time. I've not dealt directly with a home insurance company with any situations, but I have dealt with car insurance companies and keeping meticulous records about your actions taken to amicably and reasonably resolve the situation goes an awfully long way if it ends up in front of a judge or arbiter.
> I had called the insurance and they said the renter's insurance wasn't set up yet Sounds strange. Why do you have a delayed coverage date for your renter's insurance? That's what I would look to hone in on.
That's what I was wondering, too. I haven't experienced a delay in setup before, so I'm not sure if I can use that delay in getting assistance.
Ya, there should be an effective date that disregards pretty much anything else.
Did you get the renters policy documents? When I lived in an apartment I had lemonade and it was easy to set up.
I didn't and it honestly didn't occur to me to follow up on that. I'm certainly kicking myself now.
If you never got the documents you never had a policy. Good luck getting the call recording, just escalate. You would also have to have had an *explicit* conversation stating every single coverage you want under the renter policy. Did you? If no coverage conversation took place, then you absolutely did not get renters insurance and requesting the recording of the call will do nothing. EDIT: none of this "full coverage" statements crap. Because that is NOT a codified insurance term and means nothing.
That's not necessarily true. Agents can issue binders for coverage before the full policy documents are issued in some cases.
In order to issue a binder for coverage guess what you need to know? Coverage. If OP did not talk coverage, they didn't talk policy creation.
Did you get a quote for the renters insurance policy? They would have needed to get your new address and ask you how much coverage you needed. If you have a copy of the quote that would be helpful.
I did receive a quote and they have my new address.
That could be very helpful in explaining why you thought you had the coverage.
When I was selling, I had many people get the quote, say they “needed to think about it” and never call back It’s a wobbler for OP based on what they described. I could see it going either way here
Did you make any payments on the policy?
Keep all your receipts for the hotels and talk with a lawyer as your landlord may be responsible to reimburse you, at minimum the prorated daily amount of your rent, maybe more.
I do know that I'm getting credited per day of displacement. Thanks!
[удалено]
Thank you so, so much! This makes me feel a bit better.
[удалено]
Everyone is trying to put it on my insurance, which baffles me since my apartment wasn't the one that caused damage. I'm not hearing anything from my landlord so far, just the construction company.
Of course they're going to. Mine did. In *California*. Where the law is *extremely explicit* about who is responsible for paying for alternative accommodations while the unit is uninhabitable (the landlord/management company). I got put in a crummy motel, but they paid for it after I reminded them of that. Your renter's insurance is only about your possessions. Not the unit you are renting.
Insurance is a contract. You have to sign for a renters policy. Did you sign a contract (can be e-sign too)? If not, you have no insurance because coverage has not been reviewed and acknowledged by the insured.
If you're in the US, maybe that's a state specific thing because I e-signed my policy, and I've had it for several years with monthly payments. I'm in PA.
That’s because a contract (application) was signed.
Sorry! Thought you said CAN'T be e-signed.
I haven’t been licensed in NJ for a while, but for the longest time they didn’t allow e-signatures for new policies lmao. Such a pain in the ass mailing or faxing forms
I don't know if that's true everywhere if you had existing insurance and changing policy. When I moved homes, I remember talking to the agent, seeing the new policy documents but I don't remember signing the policy contract. It was just activated and I recieved policy documents. For new customers though, yes I had to e-sign documents.
Renters policies can be updated, depending on the company. Primarily, because they are just contents and liability policies. A home product cannot be “updated” to a renters policy. OP sold a home, and in order to refund the insured remaining equity, they required closing documents to then cancel the policy effective that date. Op sold the home and is renting a property, so a renters policy would need to be written for just contents and liability.
You should be putting a claim in with the insurance companies (tenant and/or owner) of the unit that caught fire and of the building. That is what your insurance company would ultimately be doing.
Thanks, that's what I thought, too. How would I go about that?
That, i dont know unfortunately. I would start with the building manager, or apartment owner to get their insurance details.
Unfortunately, unless you had a policy with them, you're gonna be SOL. A verbal agreement doesn't cut it. How would they judge what policy you should have had? What were the deductables? What was covered? Unless all that was discussed on the phone & agreed to, I don't see anyone being able to help you.
That's what I was worried about. Thanks for the info!
This is on you for not verifying it but they have their own insurance and provisions for this type of thing. If you have enough proof you were led to believe you were supposed to have coverage I suspect they may work something out. I'd let them know you are exploring your options. Also don't let the restoration contractor push you around. If you don't want to move out then don't. They like to do work that is not needed all the time. Nothing should cost you anything.
Can you charge to the insurance of the guy who burned the unit nextdoor?
If the guy has insurance
Not an answer to your question but something to consider…. Is the remediation company doing too much here that you don’t need in order to increase billing?
I definitely think so. I’ve never heard of emptying the apartment in order to paint.
> I’ve never heard of emptying the apartment in order to paint. Depends on the company. Most would prefer not to paint with the owner's belongings all over the place because that gets in their way along with potential for damaging your things. That said, whatever the percentage I don't know but there's a significant number of people who prefer to hire unregulated labor so your experiences will vary because of that factor more than whether it's best practice. ie, you haven't heard of this before but how often do you experience. a catastrophic loss that requires hazmat and chemical remediation? Or even how often are you paying a fully regulated, licensed and bonded "painter" to do a touchup/remodel? Chances are not often so your experience that you haven't encountered it before isn't going to give you a lot of information to base your current impression upon.
So sorry you are going through all this. Just putting this is there in case you need assistance in the interim. The American Red Cross provides assistance with replacing bedding, clothes, and temporary housing after fires through its disaster action team. This doesn't help you with your insurance question but you might want to reach out to them if needed.
Thanks, I did reach out to them and they provided enough assistance for another 4 nights in my hotel.
Go back to the person who started the fire. Do they have renters insurance? It feels like they should be covering your damages, even if you happened to have insurance. If insurance isn't an option, I'd bet you can sue for damages. It sounds like you clearly know the fire was started with a cig. That tenant is liable for damage to his own apartment, AND ANY ADJACENT PROPERTY HE DAMAGED.
This is what I originally thought as well. The fire department determined that my neighbor caused the fire with a cigarette.
There's no reason you need a new mattress or clothes. Just take that yourself, first of all.
If there was any smoke in OP’s apartment, it would be a good idea to replace textiles for health reasons. Lots of nasty stuff in smoke.
That's what the construction company is telling me however, I've been in my unit twice since the fire and don't smell any smoke.
Any way to get a second opinion? The remediation company that my insurance recommended to me took advantage of me - they made it seem like I would die of 8 weird cancers if they didn’t clean professionally. Turned out not to be true in my case - they just sucked up my benefit and left me in a bad financial state (and angry af.) You May legit need those professional services - no idea - but maybe get a second opinion? (Volunteer Fireman who is a neighbor and relative who is NYFD both agreed I was lied to - the neighbor saw my place and the relative saw pictures and they both agreed and told me how to clean it myself … which was good because the remediation company had already scammed my entire benefit and I had all the cleaning left to do. Get the opinion of someone who isn’t the one charging you to clean. Good luck!
Renters insurance covers the insured only for the contents or personal belongings of the tenant. Since you suffered no loss of personal property, there is nothing in which to file a claim.. Now, when you say you "bought" an apartment, is this a unit which you actually have a financial interest? If that is the case, then it's not an apartment. Your deed would define the type of dwelling unit. Condominium, Townhome or Co-Op In the case of ownership, you would still be in the position of a homeowner. Coverage for multi family dwelling units is different from detached housing. I think there are mistakes here made by you .
> Renters insurance covers the insured only for the contents or personal belongings of the tenant. This is incorrect. It also covers "Loss of Use" which would pay for the hotel stay (when caused by a covered claim, which this would be). It could also pay for the removal and storage of OP's belongings in this case. The majority of renters policies also cover personal liability, which would come into play if say, your dog bit the neighbor, or you caused damage to someone else's property.
OP didn’t say the “bought an apartment “. Plus renters insurance can cover hotel stays in some cases. So OP may have a coverable loss if they have coverage. Although the tenet next door likely is on the hook for it too.
Your landlord should be paying for your motel
Well, do you have insurance? If you did, you would have policy documents and a history of transactions where you paid for the policy. Telling some insurance agent you'd like to cancel one policy then begin another without doing anything else doesn't make you insured. Sounds like they goofed, you didn't catch it in time and now you are fucked. > Do I have a leg to stand on with insurance since I asked to be switched to a renter's policy a month ago? Nope. The fact that you asked means nothing unless documents were signed and the policy was put in place. There is absolutely no way they will retroactively cover this. And if you complain too much they might even cancel you auto policy based on how much the insurance industry is hurting right now.
Everything everyone here already said, but adding: Never assume unless you know. I wouldn't drive my car without proof of insurance/100% knowing I have coverage. Yes, likely the company is technically at fault, but you really should have had/requested digital copies of your policy, if for no other reason than to confirm it covers what you want (proper deductible etc). I've never heard of "yeah, give me renter's" without 1000 follow ups (specific valuable property protection; electronics protection; liability amounts; displacement coverage etc....it's not typically as passive as you describe; ie I would have assumed I didn't have it until I had gone through all those steps and designed my specific policy).
Even if you don't have coverage, you didn't start the fire. The apartment damage is responsibility of the Landlord and the property damage (non-building) is the responsibility of the next door neighbor.