Can I sue my insurance company for negligence on top of my homeowners claim? 9 Answers as of January 31, 2014

I have a homeowner’s insurance claim where the contractors got paid before the work was finished, they haven't been back since. (2 months) They took my stair banister off to move furniture; they never put it back on. I live with my elderly mother and father as their caretaker. The other day my father fell down the last 3 steps because of no handrail. He is ok, bruised and really sore. He did leave by ambulance to get checked. Can I sue for negligence onto of my claim?

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Your claim is in contract and against the contractor. Negligence theory of liability might be brought into the case, too, but a contract claim has to be stated first. The insurer might be brought into the case as a co-defendant; although you might find it easier to have the insurance company on your side of the isle.
Answer Applies to: New York
Replied: 1/31/2014
Hobbs Law Group
Hobbs Law Group | Kristin E. Hobbs
There are a lot of issues involved in this so you really should speak with someone. Firstly, did you notify your insurance carrier the work is incomplete? If so, they have a duty to you, as their insured, to complete the work in a timely manner. If they act unreasonably in the handling of your claim, depending on your state, they may be liable for insurance bad faith. As far as your father's injuries, it will be difficult to get around some affirmative defenses such as assumption of the risk, etc. to show that the absence of the rail caused your dad to fall. Depending on his injuries, this might be worth an attorneys time to look into.
Answer Applies to: California
Replied: 1/31/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
The contractors would be liable for the injury, and maybe even the insurance company. It will depend on the facts. The insurance company is still on the hook for the homeowner's claim and will have to pay someone to complete the job. You may want to talk with an experienced lawyer familiar with insurance bad faith cases.
Answer Applies to: Alabama
Replied: 1/31/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It doesn't sound like it is the insurance company's fault. You can sue the contractors.
Answer Applies to: Idaho
Replied: 1/31/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Not clear as to what kind of claim you have. You asked your carrier to pay for some damages covered by some type of insurance. the contractor did not finish. Don't think the contractor would have been paid unless you signed off on it (should not have been anyway)you can sue the contractor, but most people who do this kind of work are weak financially and they often don't have insurance or a bond to guarantee such things. You seem to be irritated more than damaged. What does the contractor say about it all?
Answer Applies to: North Carolina
Replied: 1/31/2014
    Fluhr & Moore, LLC | Steven S. Fluhr
    Your claim is against the contractor. Your insurance company is only obligated to pay for repairs under the insurance contract.
    Answer Applies to: Missouri
    Replied: 1/31/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No but your father can sue you.
    Answer Applies to: Nevada
    Replied: 1/31/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can't sue the insurance company, but you can sue the contractor. I handled a very similar claim a few years back.
    Answer Applies to: New York
    Replied: 1/31/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Your claim is not with the contractor it is with your insurance company. Have you called the claim's adjuster? How many times? Call three times a day until you get satisfaction.
    Answer Applies to: Iowa
    Replied: 1/31/2014
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