September 28, 2014 by Morgan Barfield

My home had confirmed sinkhole damage about two years ago, which [name withheld] insurance company paid to fix. I am noticing damage again. What do I do now?

You should know that when an insurance company pays to fix sinkhole damage (or “sink hole”), they are responsible for any failure to fix it. It sounds odd, but it’s the way the insurance policies are written. Generally, the law makes the insurance company responsible for sinkhole damage so that they will take all steps necessary to fix it. Otherwise, they could (not saying they would) intentionally underpay you, and when the fix fails, blame you for not doing the right thing to fix it. (Get tips on filing a claim for sinkhole damage.)

I would prepare a letter, detailing the sinkhole damage, and send it to the engineering firm you hired to fix it, along with your insurance agent. They should inspect the property immediately. If they do not, they are not doing what they are required to do. And, remember, it is not your responsibility to explain why the damage is there, as that is the responsibility of the engineering firm. Most times, lawyers representing insurance companies (we should know – we used to represent them) will try and blame the engineering firm, and tell you to take it up with them. No. The sinkhole damage is the responsibility of your insurance company and they should re-inspect.

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