Act of God insurance excuse! What can I do?
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My apartment just flooded yesterday due to some pipes inside my bedroom wall bursting and ruining everything in my apartment. I had to leave my house with my 6 year old son and new born baby at 11pm at night, the apartment complex people left me homeless and said I should stay at a friends house. Today I called the office and said that I need a place to stay because my friends cant be responsible for me and that they should find me a place to stay. I do have renters insurance, and the apartment complex said to talk to them, so I did. The renters insurance said that they will get back to me in 3 business days and that is all they can do for now, and gave me a claim number. I contacted the apartment complex manager and told her that I have to wait 3 days for the insurance to respond and that my kids and I dont have 3 days to wait, homeless and in the cold. They said all I can do is give me a vacant apartment that doesnt have heat or electricity, or that I could pay a cheap hotel and that they will reimburse me the money, I dont have any money I said, and she said well.. this is the best we can do and give you credit for the days you are not going to live in the apartment... I was like WHAT??? so Im homeless and all my stuff is destroyed and that is the best you can do for me and my kids??? I HAVE A NEWBORN!! She said sorry, thats all I can do.. and for your property damages there is nothing they can do as well because it was AN ACT OF GOD!!!! Im like WHAT???? I think I have been treated unfairly ever since the beginning. I cant believe how people can be so cruel. thank God I got help from neighbors or else I dont know what would've happened.. This is not right and I dont know what to do.. any help??? I found this website, please read the small article, would that apply to my case? What can I do??? here's the site: http://duhaime.org/LegalDictionary/A/ActofGod.aspx
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Answer:
If the apartment flooded and is no longer habitable...you're not going to be moving back into that unit. If they have a vacant apartment....the leasing office should let you move into that one. Then you transfer the utilities from your old unit to the new one. You file a claim with your renters insurance for your personal property. The leasing office files a claim with their insurance for the damage to the unit. Once they get the old unit repaired....they rent that out to someone else and you continue to live in the unit you moved into. The leasing office is not responsible for your personal property. They are not going to purchase you replacement property. They have not treated you unfairly at all. Your unit is not habitable. They have offered to move you over to a vacant unit. The only other option would be to let you break your lease (penalty free) and move to another complex....which would be a bigger pain than moving to the vacant unit. The article you posted has nothing to do with this situation. The leasing office does not owe for the damage to your property because they were not negligent. They did not do anything that caused the pipes to break. Old pipes...cold weather...mean pipes will burst sometimes. The apartment complex was not neglient. That's why they have no legal obligation to replace your personal property. Times like these are why you purchased renters insurance. Times like that is exactly why I had renters insurance. 7 years ago...a pipe in the ceiling of my apartment flooded. I had 4 inches of water though the entire unit. The repairs to the unit required the entire unit be stripped down to the wall studs and rebuilt (wall sheet rock, ceiling sheet rock, insulation..all flooring, kitchen cabinates). If your flood was anything like mine...the repairs are going to take a while and that's why you won't move back into that unit. I know the stress you are going through. I lived on friends couches....and was largely homeless. It's incredibly stressful. So...take a deep breath and lets make a list of what you need to do. Tell the leasing office you would like to move into the vacant unit (assuming its the same size as yours) for the remainder of your lease. Then - call the power company - transfer service from the old unit to the new. Call the phone company - transfer service from the old unit to the new. Call the cable company - transfer service from the old unit to the new. Transfer any other utilities/ you have from the old unit to the new. Now...go to the post office and complete a change of address form so the mail starts going to the new unit post box. Then call your agent...explain your situation and that your home is not habitable. Losses with homes that are inhabitable take priority over other claims. Your agent can start hunting that adjuster down. It's possible the adjuster does not realize your claim is as bad as it is. If you need a few days in a hotel....call the local Red Cross. Often they will put you up in a hotel for a few days. The renters insurance will pay to bring in a water restoration company. The property that can be cleaned and moved over to your new unit will be cleaned and moved. The insurance company will pay to "pack out" your contents and "pack back". Meaning...they pay to take the property out of the damaged unit....clean it.. and move it to the new unit. Any property that can't be cleaned they will photo and inventory. They will turn that list over to the insurance company. Then your insurance company will get with you and settle up on this stuff. This is the worst part of the claim. Once the restoration company comes in and starts cleaning your stuff...you feel a little better. At this point the adjuster has made contact with you and is walking you through the process. Your renters insurance will also pay for Loss of Use. This will help to pay for a hotel room if your home is not habitable. If there are things you must have that are damaged....go ahead and replace the items. Save the receipts. So...if you have medications that were damaged and need to be refilled...request a refill. If the baby needs diapers and formula...go get them. Just save the receipts. So....take a deep breath. Get a pen and paper. Start making a list of what you need to do. Then check each item off your list as you do it. You can get through this.
Liz at Yahoo! Answers Visit the source
Other answers
Your landlord is correct. There is no way that they could have known the pipes would burst, and they apparently did nothing incorrect which caused the burst pipes. The people you SHOULD be wailing at is your renter's insurer. That they want you to wait three days is ridiculous. That's why you pay for that insurance. Your insurer should reimburse you for your property damage, as well as pay for your temporary housing while the accident with the pipes is repaired. Again, if you want to yell at someone, the first target should be your insurer.
acermill
You may feel you've been treated unfairly, but quite frankly, the fact that you have no emergency fund money is not the apartment's fault, nor is it your insurance company's fault. This is a perfect example of why everyone needs emergency cash in the bank.
rotflol
Sorry to hear about the trouble you've had, hope you and your children are okay. I think the rule of thumb is that your rental management company is unfortunately correct, they had no way of knowing the pipes would burst and are actually offering something that some management companies wouldn't even be inclined to do. Only if the rental management company was completely negligent, meaning they had foreknowledge that the pipes were in bad condition and could result in an issue for tenants unless they were fixed would you have some sort of claim against them. It is your rental insurance provider who is supposed to help in this instance. Rental insurance is supposed to cover an instance like yours where the pipes burst. Here's something I found that speaks to the issue, "When your home is unlivable: If your apartment or condominium becomes uninhabitable due to a fire, burst pipes or any other reason covered by your policy, your renters insurance will cover your "additional living expenses." Generally, that means paying for you to live somewhere else." I would contact your rental insurance company again and ask to speak to a manager regarding this issue. At the very least if you have to move into a hotel temporarily then they should be responsible for either covering the cost up front or reimbursing you the cost of such a temporary living measure. Best of luck!
dmyers7us
Act of God is a LEGAL term. It's not an INSURANCE term. People who work in insurance, KNOW that "Act of God" is not an insurance term. Clearly, landlady doesn't work in insurance, because she used that term. The link you quoted, is for LEGAL law stuff, not INSURANCE stuff. Having said that, if you have renters insurance with "loss of use" coverage, then they'll pay, while you can't live in your apt, for a covered claim - like this. They'll REIMBURSE you. They don't get you the hotel, they PAY YOU BACK. It really isn't your landlady's responsibility, legally, to find you a place to stay. If it was an apartment fire, they STILL wouldn't have a responsibility to find you a place to stay. You are an adult. These things happen. It's YOUR responsibility to have a backup plan, an emergency fund, whatever, to take care of your kids. Not the landlady's, not the governments. You need to contact your church family, ask them for temporary help until the insurance comes through, and thank God that you actually have insurance in place.
mbrcatz
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