Did the insurance company fail to pay the water mitigation and restoration bill your restoration company submitted? Did the public adjuster and homeowner get paid on the claim but the insurance company failed to pay the water restoration bill or did they try to short pay it? Now there is a water mitigation and restoration claim lawyer who fights specifically for the water restoration company and will get your claim submitted and paid. Often times the Miami water mitigation lawyers that may claim to be helping your water restoration company collect your bill, also represent the homeowner. Sometimes this can be a conflict of interest because the homeowners need for payment is competing with that of the water mitigation company’s. This can lead to the water mitigation bill getting reduced or not paid at all because the lawyer has a duty to the homeowner as their attorney. The homeowner may not want to litigate or wait for full payment because they are in a hurry to have the property fixed and may settle for less than they should. Even if the Florida water mitigation lawyer has a retainer agreement with the water mitigation and restoration company as well, the claims still may be competing with each other for the limited policy limits under the homeowner’s policy and there may not be enough money to go around. The claim may just be in dispute and the insurance company lawyer or adjuster does not want to pay both claims in full. This can result in the homeowner getting paid and the water mitigation and restoration company getting short paid or not paid at all.
The Florida water mitigation and restoration deserves to get paid for taking on the risk and expense of responding to the home or business to mitigate the loss due to a flood, leak, broken pipe or fire. A water mitigation company answers the emergency call to remove the dirty standing water from the home and to minimize the damages by drying it out and removing the water, soot and other pollutants. This attempt to mitigate the water damage is a duty of the homeowner under the homeowners insurance policy. Therefore the water mitigation company must get anassignment of benefits signed by one or all of the homeowners when they go out to the home to perform the water mitigation and restoration services. Therefore your water mitigation and restoration company needs a water mitigation claim lawyer to make sure your paperwork is right from the beginning. The assignment of benefits must strong enough to survive the legal challenges that will be asserted by the insurance company and their defense lawyers. The law in Florida changes on this assignment issue frequently and you need an experienced water mitigation claim lawyer to guide you through the ever-changing world of insurance law and water mitigation and restoration claims.
This assignment of benefits from the homeowner means that the homeowner is assigning or transferring their own rights and benefits under their homeowners policy to the water mitigation and restoration company. This assignment to the water mitigation and restoration company is for the limited purpose of collecting payment for services performed to mitigate the water intrusion and damage. This allows the water mitigation company to submit the claim or invoice without having to wait for the homeowner to do it, if they ever do. The assignment of benefits confers standing to the water mitigation and restoration company to submit a claim and to go to court with a water mitigation and restoration claim lawyer as if they were the homeowner. Its as if the company stands in the shoes of the homeowner. When the bill is denied by the insurance carrier the Miami, Florida water mitigation claim lawyer will be able to file a lawsuit on the company’s behalf as an assignee of the homeowner. The water mitigation claim lawyer will need to have the executed assignment of benefits in order to proceed with the claim in court. The water mitigation claim lawyer will often times attach the assignment of benefits to the complaint that is filed in the lawsuit. The lawyers for the insurance company will typically challenge the language and law of the assignment. Therefore you need a Miami, Florida water mitigation claim lawyer to review your paperwork and get your water mitigation bill paid. Attorney Alex Perkins of the Miami law firm, Perkins Law Offices is your go to Miami Florida water mitigation and restoration claim lawyer. Perkins Law Offices has resolved water mitigation claims throughout the state of Florida and has beat the insurance companies time and time again in defending the assignment of benefits against Motions to dismiss and Motions for Summary Judgment. Call the go to Miami Florida water mitigation and restoration claim lawyer to collect you outstanding invoice and to make sure your paperwork passes the test. For more information call 305-741-LAWS(5297) or [email protected]