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Reach out to your insurer

Any time your house sustains damage, your first move should be to contact your insurer to see what steps to take. In a situation like this, it’s less clear whether your home insurance company should be picking up the tab for the damage.

It’s one thing for a tree to fall on your property during a storm and cause damage. In that situation, your only recourse is generally to file a claim with your home insurance company — even if the tree came from someone else's property. Similarly, in the above example, had a storm randomly blown through that caused the crane to fall, the contractor could potentially claim that it’s not liable because an act of nature caused the damage.

However, property damage that results from negligence or a mistake is a different story. In that case, you’re most likely looking at filing a claim against your contractor’s insurance or, if need be, filing a lawsuit.

It’s best to loop your insurer in, though. They’re likely to come out, assess the damage, and advise you further from there.

Before you do anything else, document the damage yourself. Sometimes, it can take a day or two for a claims adjustor to reach your property. That gives your contractor time to remove their equipment and retell the story in a manner that makes them look innocent. So the more evidence you can collect, the better.

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Contact an attorney to review your rights

Businesses carry insurance so that if they cause damage during their work, you’re not out any money, and neither are they. As an initial step, you should ensure the contractor you use is licensed and insured before hiring them.

However, if the company refuses to own up to the damage or take responsibility for it, don’t hesitate to get a lawyer involved. Whether the damage occurred due to operator error or an equipment malfunction, you should generally be entitled to coverage so you don’t have to pay out of your pocket.

Don’t pay for the work if there’s damage involved

In this situation, what’s ludicrous is that the company that dropped the crane on the home in question still wants to be paid for the work it did. Even Dave Ramsey said, “Just asking for that is so asinine it’s laughable.”

The company argued that they performed the service they were hired to do and that their workers still needed to be paid.

If something similar happens to you, do not hand over a dime. Such was the advice Ramsey gave his distressed caller, and such is common sense. If the company threatens to go after you for the money, tell them to speak to your lawyer — and retain one immediately.

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Maurie Backman Freelance Writer

Maurie Backman is a freelance contributor to Moneywise, who has more than a decade of experience writing about financial topics, including retirement, investing, Social Security, and real estate.

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