Navigating dealing with carriers and getting paid can be one of the most difficult parts of being a restoration contractor. Fortunately, these challenges become more manageable when you understand the legal tools you have at your disposal and the right ways to use them. From the restoration industry legal experts at One Claim Solution, here’s what a strong legal toolkit for contractors looks like.
For restoration contractors, getting insurance providers to directly pay them instead of the policyholder eliminates hurdles like getting the policyholder to turn over insurance funds and the liens process. Getting paid directly by insurers is made possible through Assignment of Post-Loss Benefits (AOB). By having policyholders sign AOB paperwork at the beginning of any job with a coverable claim, contractors secure the right to direct payment from carriers.
Assignment of Post-Loss Benefits is permitted under most insurance policies. However, in Florida, AOBs are highly restricted, and in Texas, AOBs are not allowed. Read One Claim Solution’s article to learn more about how you can use the legal tool to your advantage.
Direction to Pay is a request that policyholders can submit to their insurance carriers, requesting that any payouts be sent directly to their restoration contractor rather than to themselves. Unlike Assignment of Post-Loss Benefits, Direction to Pay is not a legally binding request. Insurers may still choose to send funds to the homeowner. But in states like Texas and Florida that have limitations on AOBs, Direction to Pay can still be useful. Learn why in this blog post.
A lien holds a property as collateral until a contractor can secure payment from the property owners for their services. At the beginning of every job, provide the property owner with a pre-lien notice. This ensures you secure your right to the liens process before the legal pre-lien time frame is over. Then, if you have difficulty securing funds from the property owner, placing a lien on their property is an option.
For tips on how to communicate about liens with your customers, see OCS’s recent article.
If you feel that you have received unfair compensation for a claim from a carrier even after attempting to negotiate with them, appraisals can be a powerful legal tool you can use. When you initiate the appraisal process, the claim goes to two independent appraisers who decide the value of the loss. While appraisals are much less expensive than litigation, they do still involve some additional costs. To learn how to do a cost-benefit analysis before sending a claim to appraisal, visit our recent blog post.
When other attempts to secure payment from a carrier or a homeowner fail, restoration contractors can send them a demand letter as formal notice of their demands. The letter outlines the restorer’s demands and the actions they intend to take if the recipient fails to meet their demands by a given date. A demand letter should be used as a last attempt to secure funds before escalating to more serious action like litigation.
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