06-03-2021, 04:08 PM
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#21
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Franchise Player
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Quote:
Originally Posted by undercoverbrother
Again, the City is responsible for the actual value of the damaged property, they don't owe him the costs of putting up a new fence.
It doesn't matter if we like it or not that's the way it goes.
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Isn't the actual value of a fence the cost of replacing it? What else would it be?
If it can be repaired then great, they can pay for that instead.
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06-03-2021, 04:11 PM
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#22
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by Sliver
I don't get it. Like, you're saying they owe him a the value of the wood and some screws? That's not a fence; that's raw materials. A fence is a structure anchored in the ground and joined together to make an actual thing. They broke his fence; not a pile of wood he had laying around.
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It's a long story to get into, but they owe him the value of the property.
If the damaged fence is $1000 to replace (new fence boards/screws/posts/concrete) and the fence if 50% through it's life expectancy they only owe him $500.
If the OP presents a homeowners claim and carries replacement cost coverage his insurance company would pay the $1000 to replace the damaged fence.
The insurer would then go back to the City to pay up, but they wouldn't get $1000, it would be a reduced amount. If the fence if 50% into it's life the City would pay $500.
The devil is in the "life" of the fence. That is generally subjective.
But no, the City doesn't have to give him a new fence.
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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06-03-2021, 04:52 PM
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#23
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Scoring Winger
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This might have been said already, but DO NOT call your insurance company. Call your broker and tell them what happened and they will offer you advice.
Sent from my Pixel 5 using Tapatalk
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06-03-2021, 06:12 PM
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#24
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Franchise Player
Join Date: Feb 2010
Location: Park Hyatt Tokyo
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Let’s see this fence wrecking footage!
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06-03-2021, 06:19 PM
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#25
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Franchise Player
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Quote:
Originally Posted by undercoverbrother
Again, the City is responsible for the actual value of the damaged property, they don't owe him the costs of putting up a new fence.
It doesn't matter if we like it or not that's the way it goes.
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If it costs $1000 to repair their damage is that not what he is owed by the City?
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06-03-2021, 06:52 PM
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#26
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First Line Centre
Join Date: Jul 2013
Location: Calgary
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Quote:
Originally Posted by undercoverbrother
It's a long story to get into, but they owe him the value of the property.
If the damaged fence is $1000 to replace (new fence boards/screws/posts/concrete) and the fence if 50% through it's life expectancy they only owe him $500.
If the OP presents a homeowners claim and carries replacement cost coverage his insurance company would pay the $1000 to replace the damaged fence.
The insurer would then go back to the City to pay up, but they wouldn't get $1000, it would be a reduced amount. If the fence if 50% into it's life the City would pay $500.
The devil is in the "life" of the fence. That is generally subjective.
But no, the City doesn't have to give him a new fence.
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This is not how my experience with a fence dispute went at all. I was reimbursed to be made whole, as in my neighbour replaced the entire fence including the labour, and the part that wasn’t destroyed was repainted on their dollar to match the new fence.
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06-03-2021, 07:33 PM
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#27
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That Crazy Guy at the Bus Stop
Join Date: Jun 2010
Location: Springfield Penitentiary
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$5000. Cash only.
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06-03-2021, 08:16 PM
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#28
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by shogged
This is not how my experience with a fence dispute went at all. I was reimbursed to be made whole, as in my neighbour replaced the entire fence including the labour, and the part that wasn’t destroyed was repainted on their dollar to match the new fence.
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Who paid that money?
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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06-03-2021, 08:19 PM
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#29
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evil of fart
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Quote:
Originally Posted by undercoverbrother
It's a long story to get into, but they owe him the value of the property.
If the damaged fence is $1000 to replace (new fence boards/screws/posts/concrete) and the fence if 50% through it's life expectancy they only owe him $500.
If the OP presents a homeowners claim and carries replacement cost coverage his insurance company would pay the $1000 to replace the damaged fence.
The insurer would then go back to the City to pay up, but they wouldn't get $1000, it would be a reduced amount. If the fence if 50% into it's life the City would pay $500.
The devil is in the "life" of the fence. That is generally subjective.
But no, the City doesn't have to give him a new fence.
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I'm not buying it.
Unless this is like your area of expertise. Are you an insurance guy, or are you just a rando with a weirdly strong gut feeling you're right about this specific type of insurance thing?
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06-03-2021, 09:01 PM
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#30
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Franchise Player
Join Date: Jul 2003
Location: Sector 7-G
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Is the deductible on your policy going to make this a pointless endeavour? Sounds like the City owes you a new section of fence (or gate) but that's got be roughly the same as your deductible.
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06-03-2021, 09:04 PM
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#31
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Scoring Winger
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Not that it really matters, but the City also doesn't generally have insurance - they're a large enough municipality to self insure for all but the largest items. If you have a claim they're not fighting, they pay themselves.
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06-03-2021, 10:56 PM
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#32
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Franchise Player
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We grew up next to a City of Calgary golf course. Over the years we had broken windows from golf balls including once a car windshield. The city always paid the cost of repairs and there was no discounting because it wasn’t a new window.
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06-03-2021, 11:05 PM
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#33
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First Line Centre
Join Date: Jul 2013
Location: Calgary
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Quote:
Originally Posted by undercoverbrother
Who paid that money?
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My neighbour paid out of pocket; insurance told her to pound sand.
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06-03-2021, 11:15 PM
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#34
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Franchise Player
Join Date: Feb 2010
Location: Park Hyatt Tokyo
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Quote:
Originally Posted by Strange Brew
We grew up next to a City of Calgary golf course. Over the years we had broken windows from golf balls including once a car windshield. The city always paid the cost of repairs and there was no discounting because it wasn’t a new window.
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Now we know why our taxes are so high.
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06-04-2021, 12:24 AM
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#35
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First Line Centre
Join Date: Feb 2013
Location: Field near Field, AB
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First of all, the City's legal department for claims will intake.
They won't respond to the last minute.
Then, if they do there will be no offer.
After that they will respond to legal from your side. They will then offer your 30% of your claim on the deadline.
If they don't catch you on that they will up the amount slowly over two weeks with a manager involved.
Based on how the City operates, I'd move right to a legal letter.
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06-04-2021, 07:20 AM
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#36
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Franchise Player
Join Date: Sep 2012
Location: St. George's, Grenada
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Quote:
Originally Posted by topfiverecords
Now we know why our taxes are so high.
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Probably cheaper really, imagine how much their premiums would be
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06-04-2021, 07:38 AM
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#37
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Franchise Player
Join Date: May 2002
Location: Virginia
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Quote:
Originally Posted by I-Hate-Hulse
Is the deductible on your policy going to make this a pointless endeavour? Sounds like the City owes you a new section of fence (or gate) but that's got be roughly the same as your deductible.
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I was able to get my insurance company to get the other party to pay my $2000 deductible through their subrogation process, but it took acting like a Karen weekly for almost a year.
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06-04-2021, 07:46 AM
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#38
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by shogged
My neighbour paid out of pocket; insurance told her to pound sand.
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I'm guessing the City of Calgary Claims department might be a little more educated in such things....
Wait what do you mean "insurance told her to pound sand"?
Her insurance? Your insurance?
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
Last edited by undercoverbrother; 06-04-2021 at 08:00 AM.
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06-04-2021, 07:49 AM
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#39
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Franchise Player
Join Date: Mar 2012
Location: Sylvan Lake
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Quote:
Originally Posted by Sliver
I'm not buying it.
Unless this is like your area of expertise. Are you an insurance guy, or are you just a rando with a weirdly strong gut feeling you're right about this specific type of insurance thing?
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That's fine I ain't selling it.
When one party damages another party's property they only need paying them for the value of the property that is damaged, not for the replacement of the property that is damaged.
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993
Corporal Jean-Marc H. BECHARD, 6 Aug 1993
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06-04-2021, 07:51 AM
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#40
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Franchise Player
Join Date: Jul 2003
Location: Sector 7-G
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Quote:
Originally Posted by nfotiu
I was able to get my insurance company to get the other party to pay my $2000 deductible through their subrogation process, but it took acting like a Karen weekly for almost a year.
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True but your 'clean claims' discount might go away through no fault of the OP.
As someone said, talk to your broker (and not the insurance company) 1st. (unless your broker is your underwriter).
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