Navigating the Repair Process: Why Homeowner Control is Key

The Importance of Homeowner Control

When your home is damaged, the last thing you want is to lose control over the repair process. The "Right to Repair" clause, which is often legally permissible but ethically questionable, can remove your legal right as a homeowner to protect your investment. By contrast, a standard claims process involves the insurance company providing a cash settlement, allowing you to hire and manage a contractor of your choice.

The Standard Repair Process

Without a "Right to Repair" clause, the process typically works as follows:

  1. Claim Filing: You file a claim with your insurance company after a covered loss.

  2. Damage Assessment: The insurer sends an adjuster to assess the damage and create an estimate.

  3. Settlement Payment: If you are satisfied with the estimate, the insurance company sends you a check (minus your deductible).

  4. Contractor Selection: You are in control and can hire a contractor you know and trust to perform the repairs.

The Problem with Insurer-Selected Contractors

When the insurer selects the contractor, several issues can arise:

  • Conflict of Interest: The contractor is loyal to the insurance company, not you. This can create a conflict of interest, where the contractor's priority is keeping costs down for the insurer, not delivering the best quality work for you.

  • Communication Issues: Since the contractor works for the insurer, they may not be obligated to communicate with you about the project's details. Any questions you have may need to be routed through the insurance company, causing delays and frustration.

  • Repair Delays: The insurance company's motivation to keep costs low can sometimes lead to incomplete or stalled repairs, as contractors may walk off job sites if they operate on thin margins.

A Call for Change

The "Right to Repair" clause can feel like a trap for unsuspecting homeowners, who agree to it without fully understanding its implications. Some in the legal community believe this clause should be banned by state agencies, arguing that it removes a homeowner's ability to protect their own interests.

Until stronger regulations are in place, here's how to ensure you maintain control over your repairs:

  1. Scrutinize Your Policy: Read your entire policy, paying special attention to the "loss payment" or "option to repair" section to check for this clause.

  2. Consider Other Options: If your policy includes this clause, consider shopping for another carrier that offers more control over the repair process.

  3. Use Your Network: If you do have a choice, seek referrals from friends and family for contractors they trust.

  4. Get Multiple Quotes: Obtain several estimates from different contractors to ensure fair pricing and to give yourself options.

  5. Vet Your Contractor: Always verify a contractor's credentials, even if they are on a "preferred" list. Check licensing, insurance, and references.

Ultimately, the power to choose your contractor is your right as a homeowner. By being proactive and informed, you can avoid relinquishing control and ensure your home is repaired to your satisfaction.

Previous
Previous

The Stone and Sling Framework: Protecting Yourself When Hiring a Contractor

Next
Next

The "Right to Repair" Clause: What Every Homeowner Needs to Know