Who Controls Your Xactimate Estimates?

Who Controls Your Xactimate Estimates?

Does the IRS do your taxes?

No? Of course not.

Then why do we feel compelled to let the insurance company settle our claims?

I’ve talked about this a lot before, so I’ll try not to repeat myself here.  I just wanted to put something out that was on my mind.

Xactimate is a Settlement Tool

Just like the federal form 1080EZ, an Xactimate estimate is a tool to quantify a loss.  That’s it.  And it’s a tool that is available to everyone, if you know what you’re doing.

That’s why I created Claims Delegates; to help EVERYONE who wants to take control of their claim.  Writing your own “estimate” using Xactimate puts you squarely in the driver’s seat.  And isn’t that where you want to be anyway?

Let’s get started, shall we?

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The Insurance Claim Process for Homeowners

The Insurance Claim Process for Homeowners

What Does an Insurance Claim Feel Like?

This post is an excerpt from an email I received from a client.  The city they live in experienced a sewer system failure and flooded their finished basement with sewer and storm water.

denyeverythingState Farm denied coverage

Their own insurance company refused to even open a claim for them.  This is, unfortunately, standard procedure for most insurance companies.  If they see a way to avoid you filing a claim, they will take it.  Ordinarily, I recommend insisting that a claim is filed.  That way you have a representative in the process against the city or other party who is to be held liable.

I’ve seen many, many cases where the homeowner’s carrier accepts the claim, pays for repairs, and then subrogates against the City’s insurance carrier.  Under subrogation, the homeowner’s insurance company (first party) usually recovers 100% of the claim.  It is a very common practice, but you’ve got to be insistent with your own insurance company.

oopsServiceMaster drops the ball

As is unfortunately often the case, ServiceMaster completely dropped the ball.  Drying was incomplete, demolition was overly invasive, and contents were ruined by lack of attention to detail (items were packed up wet and then never dried).  I see this most often with “program vendors” who are overworked and ill-equipped to handle large CAT related events.  I’ll write another post on the pitfalls of hiring emergency service contractors later.  The bottom line is that the large, franchised vendors work for insurance companies, not homeowners.

Then they called Claims Delegates

I’ve been in business for almost five years now.  I try very hard to spread the word about the services I provide.  Unfortunately, most folks don’t know to even look for help with their insurance claims until they are well into the weeds.  The best time to hire a claims expert is BEFORE you file a claim.

More often it’s not until things start to go very wrong that people turn to the internet for help.  And then they find Claims Delegates.  We got involved and things started moving in the right direction.  The following is part of a survey response I received from my client.

Feelings Before Hiring Claims Delegates

BEFORE: I felt like every move might be the wrong move.  Made me paralyzed to make decisions, but had to regardless so very anxious.  Without any knowledge base I was just hoping for a favorable outcome on the incorrect assumption that the insurance company was going to make things right “for” me since this was not my fault but happened to us.  I assumed the service we have always been paying for from the insurance company was to fix the situation.

AFTER:  I felt like I had someone in my corner who would shoot straight with me about the available moves that could be made, some of which I did not know were even available if requested.  You are neutral and knowledgable, which made me feel empowered instead of ignorant.

What information does Claims Delegates provide that you found most helpful?

  1. A walk through of what to expect from the insurance claim process.
  2. An outline of what a “Loss List” looks like and includes.
  3. Document every thing for reference if needed later.  Every conversation, date, and visit with everyone involved with the claim.
  4. Don’t trust the mitigation company to take care of everything on their own.  I would have supervised and had them take more care of my belongings if I knew they would be as reckless as they were.  They eased my fears by just saying “add it to the claim”.  I did not understand at that time I would never receive full replacement cost but a depreciated value for the items they were telling me to just “add to the claim”.

Which specific items or information were you the most grateful to recieve?

  1. That I could ask for the air quality test and that you had someone to recommend that would be on the homeowners side and not in the insurance companies pocket.
  2. Terminology to use and someone to interpret the adjusters terminology that made me feel less susceptible to being railroaded.

Where do you feel the insurance claim process is stacked against the homeowner?

That the insurance company is the one to decide fault.  
That everyone involved in the claim is more knowledgeable about the process than the one needing the repairs.  Makes me feel vulnerable to being taken advantage of.
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Does Home Insurance Cover a House Fire?

Does Home Insurance Cover a House Fire?

“Sure, sure. I have insurance. You’re totally covered.”

I was young and naive. My eager landlord was young and naive.

 Hear this: You are not covered.

I moved into a condo in Northwest Portland, Oregon. It was a step above the apartment I was living in before. The last thing I imagined as a building fire, but that’s getting ahead of myself. I liked that this place was in the middle of the action. I liked that I was walking-distance away from anything I could want or need.

That would have been perfect. I would have walked away from that rental with good memories.

One night as I was preparing dinner, I noticed smoke coming in from the hallway door. When I opened the door, the smoke was thick. A quick look down the hall confirmed that one of the storage units was engulfed in flames. As much as you trust yourself not to destroy a place, how much do you trust your crazy neighbors?

The fire department arrived. Windows were smashed in. The fire was quickly extinguished.

I was out of a place to live.

My landlord did, indeed, have home insurance. That covers everything up to the walls. Everything inside the walls (that meant me and my belongings), was not covered.

The building repair took months. The crazy neighbor who started this whole mess was insured. He got all of his stuff back, pre-fire. Me? Luckily, my landlord let me stay at his house for a while. After that, my brother let him stay at his house for awhile. I worked for a restoration company, who let me restore some of my stuff.

Renter’s insurance is not that expensive! Get some! If you have homeowner’s insurance, ask your agent what happens during a catastrophe!

If I wasn’t so young and naive, I would have had some renter’s insurance. That would have saved me a ton of hassles. Don’t be like me.

Adjusters act as if it’s their money.

Adjusters act as if it’s their money.

It’s Not Their Money

But you wouldn’t know it by the way they act.

Pay Day

Scott Wills via Compfight

I’m talking about insurance adjusters of course.  And the way that it seems that every claim is being paid out of their own personal bank account.

It wasn’t always like this, but longer I’m in the industry, the worse things seem to get.  I used to think that an adjusters’ main motivator was to close claims as fast as possible and move to the next.  My thinking has changed.  This is due in no small part to the fact that I’m now a licensed adjuster, playing in a game that I’ve ever only watched from the stands.

As a contractor, let’s face it, you take what you can get.  In the insurance “restoration” world it is commonly accepted that 1) profit margins are usually higher and 2) in exchange for item “1” you expect to “take one for the team” on occasion.  And by “take one”, I mean you do work at cost because an adjuster says so.  The unspoken rule used to be that you would be able to make up for your loss on the next one.

As a “program” contractor, you’re expected (by insurance adjusters with whom you have a “working relationship”) to do small jobs for little or nothing, in the hopes that a big job will come along with fatter margins. 

This game used to work. And it is still played out today, every day, across the nation, with every carrier and “program” contractor.  I say this “used to” work, because I’ve come to realize that the people who are paying for us to play this “game”, are also the ones taking it in the shorts; the homeowners and business owners who faithfully pay their premiums every month.

Last year I began advocating for consumers and non-program contractors on insurance claims.  I was promptly confronted by a stone wall of opposition and hostility, coming from the same people who I had previously considered colleagues and partners.  All of a sudden I was an outsider and a threat.  The “working relationships” that I thought I had developed over my years as a restoration contractor and insurance damage estimator had evaporated overnight.

Where did I lose my integrity?

Two years ago I wrote a large restoration and rebuild estimate for a bowling alley that had suffered a severe fire loss.  My estimate totaled over $400k.

I submitted my estimate to the owner and carrier.  The owner’s rep, part of a large property management company, about came unglued.  They had no idea the steps required and costs involved in a major fire.  They asked the adjuster, a large loss “general” with years of experience, if this was normal.  Do you know what he said?

“Yes, it seems to be in line with industry standard practices.”

And that was it. No grilling of me.  No second guessing. No second opinion.  At no point was I questioned about my qualifications or intentions.  I was also not asked how I was being compensated, which was the same as most project managers: salary plus commission.

I also wrote a demolition estimate to accompany the repairs using Xactimate, which allows a certain square footage charge for demolition.

That estimate was over $150k, and was paid within a week.

In the end, after supplements and CODE items, my repair scope exceeded $600k.  The claim was settled based on my estimating work and my employer moved forward with repairs.  Pretty smooth, right?

Fast forward to present.  I recently wrote a repair scope for a hotel which suffered a significant water loss.  My estimate totaled $215,000, and received a far less cordial reception than the with the bowling alley.

The adjuster, along with their “expert”, proceeded to willfully discredit my entire work product.  They questioned everything, including my motivations, compensation and integrity.  Every line item was scrutinized with impunity and in the end they rejected the entire estimate.

Instead of working with their insured (and her chosen expert) on the stated loss estimate, the adjuster insisted that their estimate ($175k) was the starting point of any negotiations, and it was up to me to “prove” where they were wrong.  This is exactly the opposite of how I’ve operated for years.

I wrote an emergency repair invoice for the hotel, which totaled $60k.  Once again I used Xactimate and documented the work performed, by room, down to the square foot.  I was quickly informed that “this is a commercial loss” and “that’s not how it’s done.”  Instead, the contractor who performed the work had to submit a T&M invoice with all kinds of backup.  Then the negotiations began (and are still going on).

The rest of the story

one-wayAnd here’s the kicker: both losses involve the SAME ADJUSTER.

So what changed?  Both were commercial losses involving the same adjuster.  All estimates were written in Xactimate with the same pricing database.  Both situations proceeded along normal lines right up until the point it was discovered that I am a licensed adjuster.

If one thought about it logically, wouldn’t being licensed actually make me MORE qualified to handle losses?  Instead of representing a restoration contractor (who stands to benefit from the claim), I represent an insured who… (wait for it), stands to benefit from the claim.

Why does that one change have to result in the entire claims process becoming an adversarial game of cloak & dagger?

What’s your motivation?

It has been a sobering experience being treated like a liar and thief.  People with whom I thought I had good relationships with are now telling my clients that I’m “not doing them any favors” with my involvement in their claim.lolly

So that brings us to the original question: what is the adjuster’s primary motivation?

Money?

I think we all know better than that.  Besides the few adjusters who are “on the take” (and on their way to prison), most adjusters make what most would consider a modest salary.  It’s the benefits and (relatively) stable employment that keeps people around.  And adjusters generally don’t make any kind of commission off what they “save” their employers. Can you imagine a world in which they did? OUCH!

Do adjusters seek prestige or status?  I’m not sure that adjusting is sufficiently glamorous for those who need their egos stroked.

Control?

Do some people become adjusters for the same reason others become cops; to bring the heat and throw their weight around?  Maybe.  There are a lot of control freaks out there.  Some are just looking for a reason to write a ticket or pull their weapon, others take every opportunity to deny a claim or reduce payments.  Because they can.

I’ve wasted many [un-billable] hours arguing with adjusters over small line items.  You know, those $100 items that you feel you’re entitled to bill for but the adjuster says, “we don’t pay for that”?  After the second phone call, or fifth email, it becomes apparent that this particular insurance adjuster has taken some kind of moral stance against your evil billing practices.

In the end, the one with the checkbook (power) wins.

And we live to fight another day.

Yes, needing control and power may explain the actions of some, but I don’t believe it is broadly applicable.

How about DIS-incentive?

I’ve slowing come to the realization that the majority of adjusters I deal with aren’t trying to do their jobs better; they are doing their jobs in Under Someone's Thumbsuch a way that they get to KEEP their jobs.

Money, power and prestige all take a backseat to the one thing that we all worry about: job security.

The current reality of the average insurance adjuster is based on rules, guidelines and quotas.  Browse the LinkedIn articles of groups like Claims Management or Insurance Claims Professionals and it won’t take long to find discussions bemoaning the current state of affairs in the claims profession.

Adjusters are given increasingly less autonomy with more rules and oversight.  Education is at an all-time low.  Consolidation of claims offices is at an all-time high.  The average age & experience level of field adjusters is falling dramatically and experienced “generals” are disappearing from the workforce – and not being replaced.

Oversight2The entire claims process is becoming automated and delegated to “programs” and TPAs at an alarming rate.  Carriers are handing the entire claims process over to outside companies whose sole purpose is to control claims costs.

Contractors are performing tasks which were traditionally done by licensed adjusters.  Some are inspecting, documenting and even recommending structure settlements without an adjuster ever setting foot on the loss.

Claims adjusters have told me that their bonus and pay increases were DIRECTLY tied to ratios like how many times they referred the “preferred” vendor.  Others said that they didn’t receive certain perks or benefits because their “re-inspections” showed too much “leakage”.

Can you imagine if, at any time, your closed files were pulled open and audited for “mistakes”?  There are actual positions at every major carrier whose sole job is to re-inspect closed claims and find leakage.  How would that affect your approach to your current files?

The goal of the property damage adjuster is no longer to “fairly and adequately” settle claims.

It is to process a claim file in such a way that it will pass an audit.  Is that right?

The claims process is more about control than indemnification.  Contractors’ jobs are more about proper documentation than physical repairs.  Getting proper coverage and being made whole has never been harder for homeowners.

How about a solution?

I was hoping as I wrote this article that an answer would present itself.  It hasn’t.

Do you have a solution?  That’s not a rhetorical question my friends, I’m all ears.

My current recommendation to my contracting clients is that they don’t play the game.  I have people ask me weekly about how they can getangry-girl on “programs”.  They all see the preferred provider programs as gravy trains, but in reality the fat has been trimmed and the tracks go in circles.  You can’t run a business by losing money on every claim and trying to make it up on volume.

As soon as you step on their court, you have to play by their rules.  So I say take your ball and go home. Find clients on your own. Do good work for fair prices.

When adjusters start in with their “we don’t pay for” routine, simply hang up the phone and refer your client to your contract and schedule of fees.  And their state’s Consumer Affairs Department.  You’re not an adjuster, you’re a contractor.  Stick to what you’re good at.

They aren’t the boss of you.

So you’re handling your own insurance claim? Really?

These last couple weeks, I’ve noticed a subtle theme in some of the people I’m speaking with.  It has been bothering me enough, and putting these people in bad enough positions, that I’ve decided to write about it in the hopes that others will learn a better way.

The Norminator

What I noticed is that some potential clients have decided that they know best, and that they are smarter than everyone else who have experienced an insurance loss.  This very same theme is why Home Depot is a multi-billion dollar company and TurboTax is a household name: there are a lot of things that you can truly do yourself and potentially save money.  

But there is a difference between using a CPA vs taxes-in-a-box.

This phenomenon is not new.  There have always been those who look for a cheaper way to do things, or shortcuts to their goals.  My dad would complain all the time about people who would call his shop for advice.

Dad ran an electrical shop for twenty years.  There wouldn’t be a week that would go by without someone calling to pick his brain.  There is some of this that is expected.  In order to know whether your services are needed, you have to ask questions and educate your potential client on the process of what it is that you do.  If someone describes their problem, and you have a solution, then a deal can be struck they can hire you to help solve their problem.fire

The problem that my dad complained about, and the trend I’ve seen lately, are those people who would call him in the hopes that he could help them solve their problem without actually hiring him.  I overheard several of these conversations over the years, and they generally went something like this:

“Hi there, I’m SoAndSo. I’m running some wire to my new stove.” (Red Flag #1: Non-electrician running wiring)

“Hi Mr. SoAndSo,” my dad would say, “What can I do for you?”

“Well I’ve got a GE DoubleDecker WhopperDo and I’m trying to decide whether to use a twenty amp or a thirty-amp breaker.” (Red Flag #2: asking for electrical advice. #3: any decently mechanical person knows the correct answer.)
(Just so you know, the correct answer is NEITHER. You should use two thirties with a two-pole setup)

At this point, my dad would have a choice; offer to send an electrician to fix their issue, or spend the next thirty minutes playing Electrical Helpdesk. 

And he usually did the latter.  It was so hard for him NOT to answer the question, “What would you do…?”  And he is just the world’s most helpful person, so he couldn’t help it.

Mr. SoAndSo would hang up the phone to go wire his house himself, and dad would hang up the phone and give his patented “grumble-sigh-aaaarrrgghhhh” (usually reserved for when I forgot to take out the trash).  My dad knew that he’d just spent a half-hour helping someone NOT hire him.

He also had visions of some poor soul lying unconscious on his kitchen floor as his house burns down around him. 

Electricity doesn’t mess around, and does not suffer fools gladly.

This “free estimate” culture pervades our society.  Ask any sole proprietor in any service business and I’m sure they’ll have stories of a serial non-customer who calls for free consultation on a regular basis.  The number of reasons this is a bad idea for all involved is too great to address in one sitting, so I’ll focus on the would-be client/pseudo-expert.  I’ll even number them for simplicity.

1)   If it were easy (and safe) enough for laymen to do, there wouldn’t be specialty trades.Workplace Safety 

We have electricians, plumbers, CPAs and doctors because their trades are sufficiently complicated to be regulated and licensed by cities, states and the Fed.  Yes, there are simple things that we can all do for ourselves.  Beyond the simple things, we are all better off leaving it to the real professionals.

2)   Advice given freely doesn’t equal a specifically tailored solution.

When someone asks me a “general” question about insurance claims or Xactimate estimates, I give an equally general answer.  My advice does not speak to the person’s individual situation, policy language or claim circumstances.

And, as I’ve learned from my dad’s experience, if someone does ask me to speak about their specific circumstance, I (usually) ask them to sign a service contract. Which leads to…

3)   Action taken on free advice, which ends poorly, provides the recipient with ZERO recourse on the one who gave the advice.

OathLiability policies, Errors & Ommissions policies, malpractice and contractor bonds are all things that exist to protect clients from mistakes that people make.  That is why some trades like lawyers have strict policies against providing ANY consultation or specific advice without compensation or retainer.

4)   The world is full of smarter, more experienced people

This brings me to the heart of the matter. 
If you believe that you are smarter than me, why are you asking me for advice and information?  If you believe that you can do my job better than me, if only you can get a couple “pointers”, then why are you doing something else for a living?

What really gets me is those people who think they can outsmart industries and companies that have been around for HUNDREDS of years. 

Do you really think that the IRS hasn’t already figured out the “trick” you’re about to try?  What makes you think that your insurance company doesn’t know that people are constantly looking for a way to take advantage of their property claim?

The reality is that most trades have more potential pitfalls than jackpots.  Professionals make their livings by knowing the rules and playing by them day after day.  Getting rich quick just doesn’t happen (very often). St Paddy's Day 

For every story about finding the tax loophole or insurance claim trick that landed someone thousands of dollars, there are hundreds of people that found out the hard way that messing around with trillion-dollar industries is a bad idea.

I make my living the hard way: going to work every day and fighting for my clients.  The fact that there are so few companies like mine out there is a testament to how difficult my industry is.  Truth is, the insurance claims industry is downright hostile to new players with new ideas about how things can be done.

Dima and Toma

I continue to do my work because I believe that I DO have a better way, and I want to change my industry.  Yet my approach is measured, in a “better mousetrap” kind of way, NOT in a “card up my sleeve” way.

So, to all of you out there who fight the good fight every day in their chosen profession, who put the best of themselves into everything they do because it’s the right thing to do, I say, “Carry on men (and women)!” 

We are the light (or something like that).

For those of you with a problem that needs solving, find a quality professional to help you out.  Ask people you trust for referrals, and take the advice of friends.

And to everyone looking for a shortcut via free advice, be warned.  You WILL get what you pay for.

 

Photos (in order of appearance):

  1.  Justin R via Compfight
  2. Creative Commons License Robert Couse-Baker via Compfight
  3. Michael Hanscom via Compfight
  4. Creative Commons License Seth Anderson via Compfight
  5. Dave Mathis via Compfight
  6. Strelban via Compfight
When good trees go bad.

When good trees go bad.

Neighbor’s Tree, Your House.

It’s that time of year again here in the Northwest.  The weather is turning and the wipers need replacing.  And, with the last storm system that blew through, a lot more than the leaves are falling.

As I was driving into work I saw several large branches strewn on the roads and in the ditches.  That reminded me that Fall is officially Tree vs House Season.

I’ve handled many hundred insurance claims involving a tree falling from one yard and damaging (sometimes smashing) someone else’s home.  Almost without fail, I hear the same things from the victims.  There is a lot of misunderstanding out there when it comes to “OPP” (Other People’s Property) and home insurance, so I thought I write this little public service message for you.

 

Things to know when a tree hits your house:

–   You can’t insure OPP.  And your neighbor can’t insure your house.  That means that the only insurance that could cover damages to your house from a fallen tree, no matter where said tree came from, is YOURs.

–   Tree removal has limits. Most insurance policies contain maximum coverage amounts for tree removal, usually $500.  Depending on the size of the tree, you could spend $500 very quickly.  Make sure that whomever you get to remove the tree is aware of the limit.

  • Shift coverage when possible. This means that you likely have coverage under your policy for things like board-up and tarping.  If the same company that removes the tree also places a tarp for weather protection, have them separate their bill for both activities.
  • When in doubt, leave the tree in the yard. Remove the tree from the house to prevent further damage, but leave the rest in the yard instead of racking up removal charges.  You can always come up with a solution down the road.

–   Don’t rush to repair or settle.  The likelihood of hidden damages is high when trees and roofs are involved.  I’ve seen well-built houses stand up to some big trees with little visible damage from the exterior.  That does NOT mean that other things, like earthquake tie-downs and foundations, escaped unscathed.

  • Retain an insurance restoration specialist.  Preferably someone who understands structural damages and has the ability to refer a high quality structural engineer

–   Call for your free consultation.  Claims Delegates is always here to answer the tough questions.  Should I turn in a claim?  Who should I call first?  Who should I trust? Trust the Badge.  888.745.7568