F250 in my shop...
- Thread starter MikeH
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Don't know if Ellerbe is big enough to have their own building inspection dept or if it is handled through the Richmond County offices. A phone call will get you the answer.
George
I was in town one day and got a call from my MIL.A car had ran in the ditch in front of my house and collected my mailbox and post along with some yard damage.The NCHP left an accident report in my door.You should have received a report.
Tony
Well I've already moved any tools that were ejected back into the shop. I'm happy to report that none of them are damaged from what I can tell. I've plugged them in and all of them work.
The building is another story.
I'll probably have to call Richmond County to have them come out and look at the building.
I live with my girlfriend (Crystal) and quite a few of you met her last year at the picnic. She was taking pictures. Anyway...she owns the house and property and the insurance. They haven't been much help and we have yet to hear from the truck owners insurance company. Crystals insurance company said we should first go through their insurance company first and if we don't get the response we want then let them know.
Crystal gave me the truck owners insurance phone number and claim number this morning so I'm going to start calling them and hopefully get something moving soon. The NC Highway Patrol is who responded to the accident and I can't seem to find where to get a copy of the accident report. The trooper gave us a sheet with information about the truck owner and the driver (the driver was his girlfriend), but we didn't get a copy of the accident report. We got an information sheet from the fire chief of the fire department that responded, but that's it. How do we get a copy of the accident report?
How to get a crash report: https://www.ncdps.gov/index2.cfm?a=000003,000014,000935,000936
Make sure you check for pieces bent or dented. Even if they run fine, wouldn't take much of a bend to throw something completely out of alignment to the point it'd be nearly impossible to adjust back. And minor cosmetic things like bent door covers could still be a fair chunk of cash to replace. Whether you intend to or not the insurance company should pay for them since they'd decrease the tools value.
Thanks Matt. I took pictures of anything I saw. The top cover on my drill press it bent and won't close all the way and the plastic dust collector port on the jointer was shattered. It looks like everything fared pretty well considering a 5000 lb. truck ran into them.
This is a question for everyone....With all the damage there is to the building is it fair to ask for them to pay to have it rebuilt and have the electrical installed?
My only hesitation in bringing a building inspector in is that I know the old section of the building isn't up to code (it also doesn't appear that it was moved or affected by the impact) and if they say the whole building needs to come up to code and their insurance refuses to pay for everything I'm "up a creek" because I can't afford to redo it out of my pocket. This really sucks. I just have this feeling that I'm going to lose no matter what I do.
Thoughts?
My only hesitation in bringing a building inspector in is that I know the old section of the building isn't up to code (it also doesn't appear that it was moved or affected by the impact) and if they say the whole building needs to come up to code and their insurance refuses to pay for everything I'm "up a creek" because I can't afford to redo it out of my pocket. This really sucks. I just have this feeling that I'm going to lose no matter what I do.
Thoughts?
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Lots of older buildings don't meet current code standards 100%...and thats ok, they are "grandfathered" in. However, you had a functional structure in which to perform your work and house your tools. Now you don't. They have to replace it for you...and its just your fortune that it'll be required to be built to code.
So I need to go ahead and get it checked out by an inspector? What if their insurance company doesn't want to pay for everything? How do I proceed if that happens?
Yes by all means get the local building inspector involved. If the structure is deemed now unsafe the insurance company needs to make you whole which would be a new structure which would have to be constructed to today's codes.
Have you talked to your insurance company/agent yet? I thought they handled things and then worked it out with the other insurance company. I don't think you should be worrying about what the other insurance company will pay for but what your insurance company will pay for. I believe the other insurance company will eventually pay your deductible and your insurance company cuts you the check for the damages and then works with the other ins company to get their payment back.
Crystals insurance told us to file a claim directly with their insurance. I have to say I'm not impressed. I would rather they deal with it because they already know how to deal with insurance companies, but it doesn't look like that's going to happen. I may have to get an attorney involved which I don't really want to do.
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I know that I have recently become a big fan of contact state agencies that regulate certain industries. I think that telling both your company and theirs that you are going to file a complaint with NC Insurance Commission might get the ball rolling. If you have trouble with them a call to you local representative's office in the state legislature might help. They, after all, work for and represent us.
Mike
I've followed this thread from start to post 37. Sorry for the bad luck. Coming from someone who also has dealt with Insc. co. for a long time Mike Wilkins so far has given you the best advice yet.
I'll add a few things you and others have'nt considered yet.
1 the insurance company's responsibility is to put the property back to pre-loss condition or compensate monetarily for what you had prior to the loss.
2 they can and sometimes do take into consideration depreciation for substandard conditions.
3 the only way you are going to benefit from an attorney is if they are willing to do a you win we get paid deal, any other way and you more then likely come up short in the end, unless there is a windfall settlement you more then likely will come up short anyhow
4 you probably don't want to here this but they owe you for your equipment ? as far as the property is concerned if you get on their wrong side they can tell and probably will tell you to back off because you have no say so in that part of the negotiation since you have no ownership per-se.
5 most of the time Insc. co. are more generous on these type claims involving real estate anyhow.
6 you'll find out soon enough that you can't sue the insc co you have to sue the owner and driver of the truck and the insc co will represent them. can you say deep pockets as far as their counsel goes.
Good luck
Wayne
I've negotiated with insurance companies several times to get justly compensated for auto accidents that were not my fault. In each case, they grossly underestimated the value of my car (the insurance company will likely start with a low-ball offer, just in case you're an idiot). Each time, I told them they were out of there mind...after rejecting the first 1 or 2 offers, I've come out ahead on all of them (roughly even, if you count my time and effort).
I can guarantee that their insurance co doesn't want to pay for everything. In fact, they don't want to pay for anything. But that is mostly irrelevant. You are legally entitled to compensation for all damages. And despite the insurance company having deep legal pockets, they never want to go to court -- that is expensive for them.
First, document EVERYTHING. I mean EVERY little scratch. It doesn't matter that a small dent on the drill press belt housing cover doesn't affect the operation of the tool - you are entitled to have that fixed. Whether or not you choose to have it repair or keep the cash as compensation for depreciated value is up to you. As for the building - you probably WANT the building inspector to say it is damaged past repair. Then the insurance company will have no choice but to pay to rebuild the entire structure.
Adding electrical, if the building does not already have it, will not be part of the settlement (unless you are even a better negotiator than I). However, may be able to negotiate with the contractor to get that thrown in on the job.
Also, be sure to document your time spent on this -- you are entitled to compensation for that, as well. Don't hire an attorney, yet. But negotiate hard to get what is owed to you.
If I were in your shoes, I'd be looking at this as a great opportunity to get your shop upgraded, rather than a disaster. I'm not advocating being dishonest - just taking what life gives you and making the best of it
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