I take it the parked truck's brakes failed and it coasted into your home (can't figure out any other way for a parked vehicle to run into a house)? Anyhoo if this peril is covered under your homeowner's policy, then the insurer is liable for all damage caused by this peril, subject to limits, deductible and policy conditions. What is required of you is to prove that this damage was caused by an insured peril. If the insurer is willing to pay for some damage caused by the truck, they are liable to pay for all damage caused by the truck. If you have an expert (and by expert I mean a certified or accredited one, not just some guy who knows stuff) who is willing to put in writing (and/or testify) that this is the case, then the insurer is obligated to accept this finding or else they are obligated to present their own expert conclusion that the damage was not caused by an insured peril. Unfortunately this means you will have to pay for your expert out of your own pocket. If the insurer is unwilling to recognize your expert's opinion, then threaten them with legal action. The insurer knows they do not have a snowball's chance in hell of a judge sympathizing with them in this scenario. At the very least having an engineer come in and look will give you peace of mind that there is no hidden critical damage.
2007-02-16 16:56:51
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answer #1
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answered by Gambit 7
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If you do, and no damage is found, you're out the cost. If you pay and FIND damage, depending on the value of the house, there might not be enough property damage coverage to cover STRUCTURAL damage (check what the minimum limit is in your state - most states have a minimum of $10,000).
The problem with finding the damage, is that the homeowners policy doesn't cover foundations AT ALL. So you'll still be required to fix it, but the foundation work won't be covered, and if the limits aren't high enough, you'll have a problem.
What *I* would do if it were me, is let that insurance company fix the damage, but DON'T sign off on a "waiver of future damage". Keep a close eye out on the house over the next year (freeze/thaw/freeze/thaw seasons) to see if there are any new cracks or lines that develope. To prove they're new, you're going to have to photograph the whole inside, and whole outside, of the house, NOW, before there are any cracks. Then after a freeze/thaw cycle or two, you'll be able to see if there's any new settling, that could be attributed to the accident, and submit supplemental claims.
It's not likely that the house has foundation damage, btw, unless it is VERY old, like over 75 years old, or was not properly constructed in the first place.
2007-02-16 12:30:07
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answer #2
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answered by Anonymous 7
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Are you going to the truck owners auto insurance & having trouble? They don't have the same obligation to you as the truck owner. I would report this to your homeowners insurance, tell them you are having trouble with the at fault party's insurance & let them send their adjuster out to take a look (hopefully you have not made all the repairs, just did enough to prevent further damage - and you took pictures). Your homeowners insurance company would want your home to be repaired correctly. Tell the adjuster your concerns. You will be out your deductible for a time but your homeowners insurance will subrogate (go after) the at fault party's insurance to recoup their payment and your deductible. And, foundation damage is covered if caused by a peril insured against. If you have an HO3 policy (special form) damage a vehicle does to your house is covered. I wouldn't wait for years to see if more damage "shows up" because the insurance company will say that something else happened (frost heaves from freezing & thawing are considered earth movement & excluded). Hope this helps. If anything, it can't hurt to call your homeowners insurance agent & discuss your situation with them.
2007-02-17 04:28:03
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answer #3
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answered by Sue 6
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You will only need a structural assessment if the vehicle did MAJOR damage to the load bearing walls and foundation of your house. You need to hold off on any 'engineering student' demands of the insurance company for now. If all your interior doors no longer shut or your windows won't open then it may be time to get an inspector involved.
2016-05-24 07:41:41
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answer #4
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answered by Anonymous
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I would have a general contractor inspect on your behalf for an opinion before you hire an engineer. There are many general contractors that specialize in insurance restoration repairs. They also know how to deal with insurance adjusters properly.
2007-02-16 09:32:28
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answer #5
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answered by Anonymous
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Do you really think the foundation is damaged? Or are you just trying to suck more money from the insurance company?
Check your conscience and then decide if you really want to pursue that route.
Insurance fraud is a crime.
2007-02-16 11:57:30
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answer #6
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answered by Anonymous
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No, you DEMAND that they have it inspected so you can make sure that you are put back to where you were before the accident! If they decline, tell them you want a 2nd opinion and an "umpire" opinion if necessary.
2007-02-16 09:20:40
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answer #7
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answered by nurse ratchet 6
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How can a parked pick-up truck run into your house?
2007-02-16 09:21:59
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answer #8
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answered by James Dean 5
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