Hurricane - Please Read - pass along.

[auroraslight]

First off I want to apologize for my stupid "reply" posts, as much as I read here you need to actually REPLY to posts before you can post. Makes sense.

Okay- here is the scoop.

My husband and I have three young children. In September we were in the direct path of Hurricane Rita. We evacuated and due to damage to our home and area were forced out of our home for a month. Two weeks ago I received our insurance check in the amount of $4000.00 for the damages we sustained.

One of our neighbors trees fell on the back laundry room/pantry of our house. It caused a nice size hole in our roof. Rainwater promptly filled that room with water, causing it to pitch back off our house. (We are on pier and beam foundation) All the water that had collected IN the room came rushing under the house pulling off our insulation and causing our heat/AC ducts to come off. That room is our pantry and houses our central AC/heat unit, water heater and washer and dryer. We also had a tree fall on my husbands car, totaling it. He is carpooling and will be for some time. We lost all our fencing, windows in the house and other "small things."

We finally have been able to get bids to repair (due to water damage it must be rebuilt) this room. The CHEAPEST bid is $10,000.00. Our insurance company is REFUSING to do anything else because they claim the damage is a result of "flood" - and we did not carry flood insurance. BULL- the damage is a result of a tree being blown into our house during a CAT 4 Hurricane. Water did NO DAMAGE to any other area of our home. Water did not RISE up to our house. No mater how much we plead, scream or rant - they refuse to budge.

I own a small business and work at home to be with our three young children. My husband is an English teacher. ALL of our savings was used to evacuate for a MONTH with the three children, our parrot and two dogs. We do not have the money for a lawyer - if we did we would just sue. We don't. If we had one lick of ability to repair this ourselves, we would. We simply are not carpenters. The room needs to be gutted. It is not large, 12 x 12 at best.

FEMA is tapped out due to Hurricane Katrina and all "help" they gave during that time. We have been denied any help because we "have insurance."

The back room is now sunk 9 inches lower that the front part of that room. It is VERY close to affecting the rest of the house (the beams are under tremendous pressure) - not to mention the mold that was in that room (we ripped out the drywall as soon as we could) ~ my children have been continually sick since we returned home. When it is cold out our wood floors are like ICE since the insulation is now gone.

I would GREATLY appreciate any and all suggestions. We have been with this insurance company for over 5 years and have NEVER filed a claim before. For the last three weeks they have simply refused to return my calls.

Feel free to email me private.

[e-mail]

Thank you!

[Blue_In_AK]

1. Aurora, I have no answers for you

just wanted to welcome you to DU. :hi:

[wildbilln864]

2. That's terrible...

Hon, all I can suggest is you file a lawsuit against the insurance company maybe. Make sure to be well documentedand get expert witnesses to confirm the causes of the damages.
Good luck!

[bbinacan]

3. Trees from your neighbor is

new to me. A few years ago, we had a major ice storm here in Raleigh. I lost 18 trees (five on my house) and one wiped out part of my neighbor's fence. I called my agent and she said that his insurance would cover my tree. (Act of nature). Maybe his insurance will cover your flood damage. Good luck.

[pitohui]

49. no that is not how tree law works

maybe it's different in north carolina

in louisiana no one owns a tree, if a tree falls on your house, YOUR homeowner's insurance must pay the claim, the neighbor's insurance company is not responsible for the hurricane or for the tree falling

you must understand if the law were otherwise, no insurance company would allow us to have trees on our property because of the liability

so when a tree falls, it is a no fault situation and you must get satisfaction from your own insurance company

starting a fight with the neighbors, when everyone in louisiana knows the tree law by now, is not going to do anything but cause unnecessary ill will

in louisiana, what your insurance agent did would be fraud to trick the neighbor's insurance into paying for your damage, maybe it's legal up there, but definitely not here, sorry!

and tree damage is NOT flood damage, it's wind damage, if the poster keeps calling it flood damage, then of course she is not going to collect, because flood insurance is a separate program from homeowner's insurance

it may seem like nitpicking but unfortunately it's all the difference in the world as to how much you can collect and from who

[auroraslight]

53. pitohui and all...

We are in Texas.

The insurance company is "more than happy" to pay for the damage our neighbors tree has caused. Unfortunately they are not paying enough. The thing they have a problem with is the water rushing under our house (due to the tree falling on the roof - that room filling with water - that room pitching off the back of our house due to weight of the limb and water - and when it pitched back (due to moist soil also) all that water rushed under our house causing the AC/Heat ducts to come off and all our insulation to come off under the house. It also caused that room to sink. We need to be releveled and rebuilt (that room) - it has too much water damage.

Did I mention that when the adjuster came out the first time he told us that as soon as we took off the siding and the roof - the room "will just POP back into place." LMBO. I am a mother - not a contractor and even *I* know that is a crock!

We have yet to even get paid our money owed for loss of personal property, etc. etc. As of yesterday I was told that we are getting (yet) another adjuster sent out and that they are "working" on it.

My husband went to the local hardware store and was able to tarp the roof. He has tried before to no avail, but this time it appears to be working. God love him, he is a teacher - not a carpenter...

I will also FAX them - great idea.

Thank you. Please, keep it coming. You guys have all been so wonderful.

Dawn

[merh]

4. This is how it works

If you received your payment from the insurance company and any documentation stating that is all they will pay, you go back to FEMA with that information and with the estimate to repair your home. Renew your claim.

You should also keep all of your receipts for the repairs to be able to live in your home and receipts for the things you had to buy to replace items lost due to the storm and bring them with you to FEMA.

You ask the FEMA rep to refile your claim including all of the documentation you have.

Do not do it by phone, go to a representative. Let them make copies of your papers and fax it to the office that has your file.

When you meet with the FEMA rep, they will tell you about the SBA low interest loans. You can apply for one of those, through FEMA. The SBA is the agency that does the paperwork for FEMA.

There are also USDA loans available. Check into them all.

Relative to a lawyer, your claim would more likely than not can be handled on a contigency fee basis, that is the lawyer agrees to take the case for a percentage of what is recovered. Check the papers and watch for ads on T.V., I would bet there are law firms filing class action suits against the insurance company. Research it on the internet. Call the lawyers and meet with them, they generally don't charge for the consultation.

Also, start now listing all of your losses and go to the IRS office and get the booklet for hurricane survivors. You will get to claim all of your losses on your taxes (and back taxes) so you will be better off in that regard. (You automobile lost in the storm is a loss you can claim, all of your belongings lost can be claimed as tax loss.)

Don't give up.

There is help out there.

I'll check with another DUer that has a FEMA contact and ask if it is okay to share that information with you. It is not my contact, so I need to check first, okay.

Refile, renew your FEMA claim.

Rita Survivors are just as important as Katrina Survivors.

We need to stick together to get through this.

pmail me if you need to talk.

:hug:



Welcome to DU :hi:

[Horse with no Name]

8. Hugsss Merh!

I was hoping I would see you in this thread and I knew you would be able to advise her.:hug:
I don't see any reason why you can't.

[merh]

10. I didn't think it would be a problem

Thank you my friend :hug:

[july302001]

14. Thank you merh!

...for being there.

:yourock:

[merh]

15. Welcome to DU, july302001.

:hi:

We have to stick together, it is the only way we will get through this.

[dweller]

9. excellant advice, merh!

:thumbsup:

dp

[nashville_brook]

18. CLASS ACTION -- it will happen

keep kicked!

[pitohui]

50. well a class action is no good for us

a class action where we all get $12.87 in about 20 years is not going to help anyone save her home

if criminal wrong-doing is happening -- and i believe it is in many cases w. some of the insurance adjusters -- then the wrong-doers need to go to jail

threatening them w. a lawsuit that won't come to finality for decades if ever is no threat at all to the individuals and companies who are cheating hurricane victims

so i don't support class action, i support criminal prosecution of fraud, insurance companies that don't intend to pay claims or that falsify claims need to go down

i may be living in a dream world tho

[sojourner]

20. bless you merh...you are one DUer we can all count on!

thinking of past endeavors where you put the pedal to the metal (t'was but a "wrinkle" in time ;))-- i'm personally grateful for your presence here -- and praying for you and yours in your own struggle right now....:hug:

[merh]

25. Thank you for the prayers.

and the very kind words. :hug:

[intheflow]

22. merh, you are such a wonderful resource on DU!

Great advice! Why does it all have to be such a bureaucrtic pain in the ass? :banghead:

[merh]

27. I am a Katrina Survivor, but a Victim of RED TAPE!!

intheflow, thank you :hug: :loveya:

[intheflow]

44. OMG! That's the bumper sticker image!

[merh]

45. That works for me!

Good job & thank you, intheflow! :thumbsup: :applause:

:hug:

[merh]

47. Of course, you will need to have one that is jus

"I survived Katrina" and "I survived Rita"

:hi:

[intheflow]

54. Except for the folks that are on the Louisiana/Texas line.

They can do the dual-purpose bumper sticker. But you're right--especially about the Mississippi Power logo. And I suppose for our friend who posted this thread, I'll change Farm Bureau logo to the Texas Tragedy (can't remember the real name) insurance she has. :)

[auroraslight]

34. UGH

I dont have enough posts to PMail you. Please email me if you can - [e-mail]. I would VERY MUCH like to pick your brain further ;)

Many thanks!

[merh]

41. I sent you an email

:hi:

I'm sorry, I forgot about the pmail restrictions. Hell, I don't even know what they are any more. x(

[AZBlue]

36. I wish you both the best of luck with what you are going through!!!

Keep us updated!

[chaz4jazz]

5. please name your insurance company

[merh]

24. I can tell you that in the Katrina disaster area

ALL insurance companies are jacking their customers around.

Allstate, State Farm, Met Life, Nationwide, Farmers Insurance, you name it and the company has denied claims. Some claims are denied because the insured didn't have flood insurance and the companies state that the damage was caused by the flood and not winds, others do the reverse, not wind insurance, but insured had flood insurance, so the claim is denied because the damage was caused by wind.

It is a bureaucratic nightmare in the Hurricane Recovery zones, we have to deal with red tape that would drive a emotionally healthy person to the brink and most of us have suffered great personal loss and have experienced the wrath of the storm, so our emotional strength is weakened at best.

It is like all of the forces combined are trying to break us so that we just give up and move away.

I don't intend to give up.

[Catherine Vincent]

30. What a shame.

We pay these insurance premiums all these years and when something like this happens, they can't help you.

[merh]

46. Hi cat!

:hug: :hi:

[EFerrari]

6. Welcome to DU, auroraslight. You might post this in the

Hurricane Survivors Forum and get some good feedback.

:hi:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=360

[FloridaPat]

7. I met some people in Florida last year who did have to get a lawyer

to "talk" to their insurance company. It took them a year to get the money. Looks like you will have to start there. Also, doesn't your insurance have a clause where they pay your hotel bills while the house is uninhabitable.? Check on that.

[John Q. Citizen]

Do not call or talk to them again. Write them a letter every day.

They are under absolutely no obligation to talk to you but are obligated by law to respond to your letters, within thirty days.

Find out who the corporate officers are and start sending them letters, one a day. Tell them you are going to continue sending them letters until this is resolved. list your complaints

If they fail to respond they are in violation of the law. So they will be writing you a lot of letters or they will settle.

Write and call your congress man, your state reps your Senator, your insurance commissioner, send a letter to the editor and ask others to contact you who are in the same situation.

Call talk radio and name names. Especially talk radio in areas that they do business.

Call national talk radio, like Ed Schultz or Randy rhodes. Name names.

Good luck. There are a lot of folks getting screwed by their insurence companies in the gulf, but the squeeky wheel gets the grease, and they owe you about 6 grand or so.

[pitohui]

51. john q is right, except FAX that letter

our mail service is iffy at best, at least in my area

your husband is a teacher, i bet they have a fax machine, my husband's job was allowing faxes to be sent also

it is well that he is a teacher of english and can undoubtedly help in composing a calm well-written letter, which you should supplement with copies of photographs of the tree on the house, the hole in the roof, etc. as well as estimates and receipts

keep those faxes coming, it seems to light a fire under them

[Rainscents]

11. I'm so sorry you have go through another battle

I heard while ago there's law suit on this matter. Maybe you can dig deeper on the internet to find out about this info.

[july302001]

12. Rita - Katrina

I know that you're west of Gulfport-Biloxi, but I would stay tuned to the Letters to the Editor page at the Miss. Gulf Coast Sun-Herald: http://www.sunherald.com/mld/sunherald/news/editorial/letters/.

There are a lot of people there whom the insurance companies are scr*wing big-time...because their property was south of the railroad tracks. The ins. co's say that the wind caused 'zero' damage there. The thing is.....the real estate agents told everyone that NO flood insurance was needed if 'yer house was more than 14 feet above sea level....because Category 5 hurricane Camille (1969) only had a 14-foot storm surge. There will be lawsuits about this problem, because the real estate agents advised so many folks that they 'didn't need' flood insurance.

Also, there's a group of people trying to get the &((**$'g insurance companies to pay the claims at http://www.pay-our-claims.com/site.php

Also, try hooking-up with fellow Katrina- and Rita-bloggers at http://peoplegetready.blogspot.com/. There are other hurricane-bloggers also - try a search of " Katrina" at http://search.blogger.com/. For example, if you're from Gulfport, try 'Gulfport Katrina.'

Get a digital camera and document everything! Make printouts and share them around!

I feel for you.

May the Great Spririt be with you.

[beam me up scottie]

13. I can't add anything to the excellent advice other DUers have given, but

I can recommend this thread in the hopes that everyone will see this when it's on the Greatest page.

Good luck.

[chalky]

16. Ditto. And bookmarking. Excellent advise here for any circumstance

where the insurance company tries to shortchange the homeowner.

[northofdenali]

17. Another Alaskan chimes in.

auroraslight, have you tried sending letters to the editor of every nearby (or not so nearby) newspaper - if you do, include the NYT & WP - you may not get answers, but you'll generate interest. The spotlight will shine on your local politicians, and possibly they will have an answer or two.

I'll think on this some more, and if I can come up with anything at all, I'll post or email you.

You're welcome here!! :hi:

[chalky]

19. Another good site for info and tips would be Policyholders of America

website: http://www.policyholdersofamerica.org/

It was started by Melinda Ballard (of the Farmers-Insurance-million-dollar-mold-claim fame).

[sojourner]

21. aurora...welcome to DU! you'll see that we are a real community here.

hoping for the best outcome in your situation - i'm not able to offer much except moral support though, as i'm neither insurance savvy nor an attorney. but you've got a cadre of experts at your fingertips here. good luck!

[intheflow]

23. Welcome to DU, auroraslight!

:hi:

I'm starting a new job todayin Mississippi working advocacy for people in situations just like yours, I think. I've bookmarked this thread and will email you if I find anything useful that can be applied outside of the state of Mississippi.

In the meantime, merh posted some excellent suggestions earlier in the thread. She's in Biloxi, she knows how to manuever in the system. Good luck!

[Jacobin]

26. A lawyer will handle the case on a contingency fee basis

The flood exclusion should only apply to 'rising water' not water from damaged roof that came in due to the hurricane.

Call a lawyer and see if you can negotiate a reasonable percentage fee. He will advance the expenses until settlement.

Good luck.

My office was flooded in Rita, so i know what you are going through.

[auroraslight]

28. GOOD LORD!

Okay- I posted this hoping I MIGHT get a reply... HA! I should have know that we are DEMOCRATS. We actually DO things, make things happen for the better. I cannot thank you all enough for the kindness and such welcoming hospitality. Thank you.

Okay - here goes:

TEXAS SELECT is our Insurance Company.

Whatever is on OUR PROPERTY is our responsibility, one of the first things we looked at was our neighbors insurance. Not gonna fly.

We have MOST of our receipts since we evacuated. I say "most" simply because we had a 20 month old, 9 year old, 11 year old, CAG Parrot, 3 month old Great Dane and a Maltese (and all their supplies) crammed into a Ford Expedition for over a month. It was chaos and we TRIED to be organized. I should also say that we were severely price gouged in Tyler Texas where we evacuated to. We were charged $500.00 for a 8 day hotel stay (Super 8 Motel) when they had a WEEKLY rate of $240.00. They refused to give us the weekly rate because we did not "pay in advance" even though we explained we had no home to go too and had three children. BEWARE. Also BEWARE of the Super 8 franchise in general I called corporate and was told that since they are individually owned and operated there was nothing they could do. HOGWASH.

We filled out the SBA information when we filled out the FEMA info. We have been told by a representative of SBA that we are "complete" and have been sitting on someone's desk (for final review) since OCTOBER 3rd. Needless to say I do not have faith in them. I called again yesterday and was told the same thing.

I am gathering information tonight and my husband and I will be going down to our local FEMA office as suggested with the insurance claims and what they will cost. I really have NO FAITH in FEMA but will try. It doesn't cost anything to try.

I will do web searches on USDA loans - we don't have the BEST credit but we shall see what happens.

I will start poking around for a lawyer, although it concerns me on how much they will take. Our INS company does not just owe us $6000.00 - it is much more. I have yet to even get a BID for what it would cost to remove and replace our AC/Heat ducts under the house, or the insulation. Last night it got to 30 and it was so cold downstairs we had to have everyone pack up and move upstairs. THIS IS CRAZY. What are we going to do during Texas summers????? Not to mention that our bills are INSANE trying to keep this house at a temperature where the kids do not get further sick.

I am going to be a letter writing fool now. No more calls. I am going to be a pain in the ass and write daily. Thank you for this suggestion. I am too close to this - it was so wonderful for you all to comment. You have stepped back, something I needed to do. THANK YOU.

I will be heading to the IRS website to find out about the survivors booklet.

The thing that really chaps me is that we need this NOW. My kitchen floor is buckling. This is affecting my home structurally NOW. When it rains it rains in that room no matter what we do. We tried to qualify for the "Blue roof" program but they refuse to do flat roofs. My gawd! We have children! If it was my husband and I we would just fight and go on, but we have three wonderful children, my youngest is now 22 months and has NEVER been sick until we returned home from the storm. Now it is constant. I just want to scream and I am sick to death, everyday being on the phone trying to either get a contractor out to get us a bid, or getting our INS to call. The bid to repair our fencing was over $2500.00 alone! They think $4000.00 is going to do it all???

THANK YOU - all so damn much. I have fire in my belly again. It gets very depressing, dealing with day after day for almost 4 months now. The house is just getting worse, not better. We have no family here - my parents passed away years ago, my husbands family is in Chicago. My father was a carpenter too....

Many blessings and again - THANK YOU.

Dawn

[Catherine Vincent]

29. Hope everything works out for you.

You can count on DUer Merh for her tips. She is going through all that and more. Good luck!

[merh]

32. Believe me, I SO know about the need now!

I cannot even consider being in a tiny fema trailer in 5 months (beginning of hurricane season) but that is what will happen.

The red tape is killing us, but we have to fight it.

Call your congress critter and see if they are listening to FEMA complaints. I am blessed that my congressman, Gene Taylor, is accepting complaints and his office helps. He too is frustrated with the FEMA incompetency.

As I said, if you pmail me, I will be happy to give you a contact that may be able to help you.

It doesn't cost you to talk to a lawyer, they can help you get EVERYTHING you are entitled to under your policy and they may be able to provide you with possibilities you had no idea existed.

Good luck to you, you are in my prayers, as are the rest of my fellow survivors. We can make it, we just need to be reminded we are not alone, that we have not been foresaken by our fellow citizens.

:hug:

Never.Give.Up. :patriot:

[Horse with no Name]

38. I'm sorry about your little one being sick

One of the things you may have to cope with for now is mold in your home that makes everyone sick.:(

[SoCalDem]

39. Welcome, Aurora.. a few more suggestions for you

Take your youngest with you and visit your local newspaper. Look for a female reporter near your own age and pour your heart out to her. Papers love human interest stories and the squeaky wheel gets the oil.. Hell..get on TV if you can..

every time you talk to someone, have a notebook at hand.. list their first and last names, the date and time you called..or if you are in a one-party state, record the call..

MAKE NOISE..BE ROWDY..DEMAND RESULTS..

OOH.. ANOTHER THOUGHT..

Call the high schools and churches and see if there are volunteers doing this sort of repair.. hit on the fact that your kids are sick and how un-carpenterish you are.. there might be people in your area who would be happy to help out..

[pitohui]

52. cripes, what a mess

for your roof, have you considered posting a "seek" or "wanted" on your local freecycle.org to see if someone whose roof is repaired can give you their old tarp and then you can tarp it up yourself, better than nothing

i've seen a few requests like that in my area, and i have also seen blue tarps put out to be picked up after the roof is repaired, however, i don't have three small kids, it was pretty easy for me to bike around and find stuff like that when i needed it, our tarp actually did come from a neighbor rather than the blue roof program

worth a try

it's too bad you stayed in a hotel in texas, price-gouging is illegal in louisiana and some other states, and hotels can be fined, that is really shitty the way they treated you, hell, i even have a friend who was given free hotel space in vegas and you'd think of all the places that doesn't have a heart vegas would be on top

i'll remember that name, texas select, and avoid ever doing business with them, that's for sure

what a nightmare


i wish i had more ideas to suggest, i can't get the contractor on the phone either but all i can say is, with my insurance company, i did the FAX thing, they can turn off their cell phone, but they won't turn off their FAX machine

does this mean you actually live in texas rather than western louisiana, in that case, my suggestion to contact the louisiana insurance commissioner is a no-go, which is too bad, i do think it helped me a little

[MadHound]

31. I'm so sorry to hear about this,

From what I've been hearing, this is a common tactic that the insurance companies have been using on all of the people effected by Rita and Katrina. I would suggest contacting an attorney and your state attorney general. If I remember correctly, there are a number of AGs in the area that are coming down hard on insurance companies because of this chicanery, so you might get some relief there. If not, then I would suggest you either sue your insurance company, either individually(more costly) or collectively in a class action lawsuit(I think there might be a couple going around, check and see) However, with a class action, the share of your money awarded to you will be significantly less.

Check with your attorney on all of this. And many attorney's won't want any fees up front, just a cut of the award given out.

And whatever you do, before it gets any worse, brace up the back end of your house before it starts snapping beams. Railroad ties, and thick lumber will do for now, but just do it, otherwise things will really be going to hell.

Good luck and I hope it works out for you.

[auroraslight]

33. Your not gonna believe this

TEXAS SELECT called today (after I have been on the phone for three hours threating lawsuit.)

They are scheduling another contractor to come out and view the damage ASAP. They are also moving on our "personal loss" claim of over $2000.00 and promised to cut a check ASAP.

I would like to thank you ALL. If it were not for you I would have been "down in the dumps" and just let is sit for a few days. Your words lit a fire and we are NOW KICKING BUTT AND TAKING NAMES :)

Keep your fingers crossed! We are no way getting the room fixed anytime soon but SOMETHING is happening.

THANK YOU

[AZBlue]

37. That's wonderful!!!!!

Keep up the good work and don't let the bastards get you down (pardon my French, but sometimes there's just no other word that fits as well!).

And, welcome to DU!!!!

[greiner3]

35. Screw the Ins co. I think you need a lawyer; n/t

[auroraslight]

40. Church, God and "Help"

As a divorced Catholic I will be the first to admit my "fall from grace." My husband and I were both raised Catholic. When we got back one of the first things we did was contact our church (we have been members for over 7 years.)

Get this - we were told they cannot help because our tithing amount wasn't showing (duh) and they were attempting to help members by going from highest to lowest tithe amount. LOWEST - not "non existent". I was actually TOLD THIS. After my disgust (I am pretty sure "my god" would be a tad bit upset) I decided to reach out to other churches.

Long story short is ~ if we were not members they could not assist. So many churches had MEMBERS affected, they were who they were helping.

I even called our local Jehovah's Witness after reading a wonderful article about how other witnesses were traveling to our area to help their "brothers and sisters." We were informed that since we are NOT witnesses they could not help.

With each call we made sure it was known we did NOT want a hand out. We WILL WORK. I can swing a hammer, paint, sweat and curse with the best of them. We were reaching out for our children's sake - each time the door was slammed in our face.

It has been extremely hard to keep the "faith" through all of this.

[bobbieinok]

43. many churches in one area collect $$ to help 'fellow church members'

in a disaster area (I've heard these pitches on radio/TV)

when so many/nearly everyone needs help, I guess you help first the people you know personally.....but the comments you got really stink

this is one reason govt support of 'faith based' initiatives is a bad idea: doubtless they will help members first and possibly members only

didn't church people, etc, in the 1800s always talk about helping the 'deserving' poor???? ie, you have to meet MY definition of deserving

[savemefromdumbya]

42. Your insurance company should pay for tree damage

if your neighbor's tree/s fall on your property you should be able to claim the whole amount less deductible.

Rain entering through wind-damaged windows, doors or a hole in a wall or the roof, resulting in standing water or puddles, is considered windstorm—rather than flood—damage and is covered by your homeowners policy

http://www.sunherald.com/mld/sunherald/13552924.htm

For a mediator for disputed claims = American Arbitration Association, at 1-800-426-8702 or e-mail them at [e-mail]

[pitohui]

48. ok, here is what you need to do

first off, i am going to assume you have documented with photographs that a tree caused the damage, when water comes into your house because of a tree falling on it, that is covered under regular homeowner's insurance

NOT the national flood insurance program

how do i know? i've had it happen twice, lucky me, so i've been there

the tree fall on your husband's car is not covered, sorry abt that, FEMA is supposed to help you with that one, however, the fence, damaged contents, etc. are covered under regular homeowners and you should be compensated for them, hell, i'm on my second fence repair thanks to our wonderful weather around these parts and it was indeed covered, my air conditioning unit has also been replaced, etc. -- these are just pretty standard items to be covered -- only your shrubs and trees are no longer covered, they won't buy new landscaping but that's a pretty minor point at this point, right?

so

you need to visit the louisiana dept. of insurance commission's website NOW and file a complaint immediately, here is their URL, it may be a coincidence but when i did so my insurance company stopped stalling and DHL'd my check, go now:
http://www.ldi.state.la.us/

you can still contact an attorney and litigate against yr insurance company, but such litigation will take years and meanwhile your house is falling apart, i do know people going the litigation route but your particular problem, as you have described it, sounds pretty cut and dried

do you mind saying what insurance company? some are just not paying at all, if you don't have one of the majors, allstate or state farm, i have not really heard of anyone getting enough money to fully pay for their repairs

go ahead and take the $4k and start the work, remember, if you have cost overruns -- which you already know you will -- you can file a supplemental to your claim to get the additional money, taking the $4K does NOT mean you can't collect any further money if you can document you have a greater loss

on both of my wind damage claims, i had to file supplementals, there is ALWAYS going to be damage discovered later in the course of the work, plus the cost of materials and labor have soared after katrina and rita

gutting CAN be done by amateurs, and at this point i would suggest you go ahead and gut the room before the mold damage can spread, living in a house w. a gutted room is a lot healthier than living in one with a moldy room, mold mitigation isn't the exact science they would have you believe, the first time my house was pierced by tree, i noticed that they basically just tore out the walls and carpet, opened the windows, and used fans to blow the damp out of the room, we had an extended drought in october, which made it easy for me to blow out the damp from katrina and rita, it really isn't as mysterious as "they" would like you to believe

as far as FEMA, you need to go ahead and apply for a low interest loan thru the SBA, even if you didn't have a small business, they are telling people to do this, don't ask me, but apply for the SBA grant and if you don't qualify for that, then get the loan, the interest rates are very reasonable, less than 4 percent in many cases, and it sounds like to me that you are going to have to go ahead, get the work done to secure your house, without waiting any longer for your money to arrive

it's a mess, in my case, i actually did shake loose the money, but now i can't get the workers to show up for the parts of the job i can't do myself, but i have many many many friends in your situation who have not yet gotten their money, one friend even got a bad check for $52K from his insurance company, sheesh

but, honestly, what you should do right now, today, before you do anything else, is contact commissioner woolley make sure he knows it is a WIND claim he cannot help w. flood claims because that is a national program

fax a copy of your complaint to your insurance company, fax them copies of your photographs, estimates, etc, basically i made an excuse to fax twice a week every week or so until they got sick of hearing from me, if you have documentation, they will be more motivated to pay your claim to close your case

i've been a little busy and haven't been able to visit this site much lately but i hope you will keep us updated on how it goes