Oh dear God, you are an angel of grace for responding so quickly and in such detailed manner! Thank you so much! I feel much better with all the info you gave me. Lack of knowledge and not being prepared drives me insane. Fear of the unknown and ignorance on the matter are the worst feelings in this case. Thank you for the links, I had previously done some reading about how Small Claims Court works. Thanks to this cybernetic world and all the nice people who volunteer to help out the layman/woman in these matters! I am very grateful to both, the people behind this screen first of all!
"When the claimant does not agree with your insurance company's opinion, the claimant has the option of suing you and asking a court to rule on whether you are liable."
Guess ultimately it is the judge's decision. I have a ton of documentation saved through these ordeal from the past months showing good faith that I have tried to solve the problem through my insurance co.; which on top of everything, Southern Family went bankrupt and now is FIGA handling it. This happened back in March, would you believe, and now is when I receive a notice to appear in Court. The date is November 15, Miami Circuit Court, Civil Division. Guess these people want to get a "free turkey" for Thanksgiving from me. LOL
"That's the way the law works. But you don't know yet if that's the way things will go."
Well, that stinks not knowing how a judge is going to decide, meaning, are his personal views who influence his decision or is there something written in the Law? To me, this situation with condos being so complex with people living above and below, plus the association problems to contend with, because these people want even sheet rock replaced, the whole popcorn ceiling scraped, the whole works and I wonder what is considered common elements. There should be a mandatory Law that says everyone, no exception, should have content homeowners insurance, just like automobile insurance. Then when something happens, the two insurance can battle each other.
Well, when you come to Miami, you can visit me and we go out for a cup of coffee or a drink. Cubans, I am one, are very hospitable and friendly. Some people think we are also kind of crazy when it comes to politics LOL LOL Well, I am not one of those crazy hardliners. LOL LOL
"That was a bad idea. Don't do it again. It's almost like admitting it's your fault and can be used against you."
I did it under the advise of a friend lawyer who said that I should try to have proof that I was trying to solve the problem in good faith in the event I was sued, after the neighbors were angry and threatened me with taking me to Court. I told the neighbors that I was battling with my insurance company, but they got angry and did not want to hear it and began to threaten me. This has been a nightmare for months now!
"In court you get to dispute liability and the cost of the repairs."
How can I dispute cost if my adjustor did not even estimate costs when he inspected damages at my neighbors and I don't have my own because they did not allow me to go inside their apt. with my own contractors to get my own estimates? The estimates are only theirs. This is a merry-go-around.
"They'd better. If they don't you'd be able to sue them. Do you have a name and phone number for FIGA's claim rep. You should try to deal with the same person all the time."
It's been over a week they told me they will reopen my claim, as of yesterday (Friday), they still didn't have my claim reopend . Yes, I have the name of a person who took my original phone call and also her direct tel. ext. I was told to call back on Monday.
"I'd also suggest you send your court notices with a written letter to the FIGA rep. Don't rely just on phone calls."
Thank you, I had not thought about this, yes, I know, everything should be in writing, particularly to have all that documentation to present it in Court.
"Not necessarily. If the claim was deniable before the lawsuit, then it's defendable now."
Meaning, the insurance co. will still deny payment, but the judge would say I have to pay if he wishes to do so?
"There's a lot of complex concepts in that question but negligence law does not require that you do anything to deliberately hurt anyone."
Therefore, since there are a lot of complex concepts, including "the moral aspects", I presume the judge will look at that, NO? Then that's why is asinine that there is no mandatory Law for each condo owner to have insurance. Wouldn't that make life so much simpler and just for everyone? I believe one should take responsibility and realize that there are risks in life, just as when you get behind the wheel; therefore it's seems preposterous that people who are irresponsible to begin with have the nerve to sue. In this country people are allowed to sue their own mothers. Boy! Everyone thrives on sueing everyone here and the lawyers get richer and richer and we get poorer and poorer! It sounds like one should be negligent, then I would be liable, consequently the insurance would have paid. So everybody, listen now, let your water heater rust to death so that your insurance pays! LOL
Pretrial date: November 15, Miami-Dade Circuit Court, Civil Division. Maybe the judge will throw away the key and I will spend my Thanksgiving as a prisoner in Miami-Dade County Jail. LOL LOL LOL