Water Damage Claim in CA

What kind of lawyer would I need?

Probably one experienced in battling HOAs on behalf of homeowners.

The latest update is that the adjuster says that he did account for water mitigation in his estimate. He claims that is should have cost $1,345.67 but my invoice shows that it cost me $2532.00. How can that be?

Nobody can "predict" what any given work will cost. The adjuster's "estimate" is just that, an "estimate." He should be covering the difference based on the actual cost. Trouble is, your beef is likely with the HOA for any shortfall since the HOA insurance company is not your insurance company.

The adjuster has agreed to come to my property to view the damage and I intend to have my contractor there, but does it matter if in the end it would be an HOA approved contractor doing the work?

You are at the mercy of the HOA. No way to predict how this all will turn out.
 
I don't believe the $5000 deductible is your individual deductible, it is the deductible for the entire association. The HOA should still be responsible for paying to have the damage repaired, even if it is under the associations deductible on their chosen policy. essentially, the association has chosen to self insure the 1st 5,000 of each loss, meaning they should have reserves saved for exactly this type of situation. If not, they will assess each unit owner for their share of any uninsured losses, etc.
 
We live in a 32 unit PUD ( planned unit development) all units stand on their own and have shared walls. We are also members of the HOA.

My unit suffered water damage about a month ago due to a pin hole leak. The water from the leak damaged a significant portion of the floors in my living room (engineered wood that has been there since I purchased the unit.) And a few walls.
I submitted a claim to my HO-6 and per their interpretation of the CC&R - the HOA master policy provides primary cover that covers the units. The CC&R also has a provision that states that the HOA has the right to adjust their own claims. As such, my insurance asked me to submit a claim with the master policy. The deductible for the master policy is $5k. If my claim is accepted my assessment coverage would kick in to pay for the deductible. I have had a contractor come out and provide and estimate for 17k. The contractor says that the flooring we have is older and can't be matched and since the floor is open and continuous with no breaks they would
have change the floor in most of the house.

This week I spoke with the HOA's insurance. He asked me questions and surveyed the damage via video restoration1ofgreaterindianapolis.com. He said he wouldn't be sending anyone out. He then proceeded to deny my claim saying that the damage is less than the 5K deductible.

I really wish I could use my coverage but the CC&R clearly state that HOA is primary.

I'm at my wits end. I thought about going back to my insurance but I don't think they will just accept the claim. I also don't fully understand what the section in the CC&R about the HOA being able to adjust their own claims means?

Any help? Thoughts?
Hi, does anyone have any experience with water damage in garage ceiling/floor caused by upstairs damaged water pipes behind walls and floors around the house? I turned off the main water valve in front of my house, and turned off some water valves inside of my house (to the toilets, sinks, etc). This seems to have largely addressed most but the latest of the drip/drop on my garage ceiling has died off. Tomorrow, I will be calling my AAA insurance rep to see what he can offer/do to make things better... i'm hoping this latest incident will lead to outcome where everhthing counts. I'll also be looking for (a) a leak investigator to determine what is causing the water damage and how to fix AND/OR (b) looking for a plumber to identy and fix the issue. Does anyone know of a good, honest, fair, time-proven company servicing the Sac area that can perform (a) and/or (b) above? I suppose first thing would be contact my AAA insurance rep and go from there, which I'll be doing tomorrow first thing in the morning. I've shut off my main water valve for now, as I don't want to do further damage by leaving possible leaky pipes with water running thru them. Any advice and feedback would be greatly appreciated.
 
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