A Win In My Book
So, I do a lot of insurance work, and I try cases of all kinds, large and small. I had a small case, over about $2,600, from where a contractor drove into a retaining wall at this lady’s house and damaged it. He wouldn’t fix it, and, after like eight months, the homeowner allowed her insurance company—my client—to have it fixed and then sent the bill to the contractor.
Surprise surprise, the contractor wouldn’t pay. There was lots of squabbling between my client and the contractor’s insurance company, who offered less than $500 on a $2,600 bill. We had a trial to settle it. I brought our claims adjuster and the homeowner. The defense attorney brought the contractor and an adjuster from the contractor’s insurance company.
Everything goes fine with questioning the homeowner, who was a sweet, middle-aged woman. She, like most people, knows nothing about the finer points of masonry. Then, we get to my claims adjuster. He says, “Well, we paid $2,600 to have this fixed, but I’m not an expert on masonry”. However, he also discussed how estimates on masonry were made.
I close my proof. Next, the contractor gets up on the stand. They go over what exactly happened with the retaining wall. Then, he testifies that he “knows for a fact” that the $2,600 invoice includes overhead and profit and accuses my client of “running a scam”. The judge strikes the answer. I look down at the estimate for repair and grin from ear to ear.
It says, in bold print, “This amount does not include overhead or profit”. I look at the invoice. It’s the same amount as the estimate. This guy is lying through his teeth—and I’m going to catch him. On cross examination, I show the contractor the invoice. “Sir, this is a $2,600 invoice for repair, correct”. “Yes”. Then I show him the estimate.
“Sir, this is a $2,600 estimate for the same repairs, correct?” “Yes”. “They’re the same amount, correct?” “Yes”. “Does the estimate say it does not include profit or overhead?” “Uh..”. “Does it?” “Yes”. “Didn’t you just testify that you knew for a fact that the estimate included overhead?” “I don’t know”. “What don’t you know?”
At this point, the contractor is furious and beats his hand on the stand. “It doesn’t include overhead and profit, does it?” “I guess not”. “But you said it did, right?” I pass the witness. But I wasn’t done yet. Next, the defense attorney calls the contractor’s insurance company’s adjuster. He testifies about how much he thought it should cost, like $500.00.
I cross-examine him. “How did you make this estimate?” “I put the numbers into a computer program”. “How do you know what numbers to put in?” “Uh..”. “Are you a contractor?” “No”. “Are you an expert in masonry?” “No”. “Have you ever worked in construction?” “No”. “And the computer programs spits out what you put in?” “Yes”.
“And you can just put in whatever numbers you want?” “Yes”. “And it makes an estimate based on the numbers you pick?” “Yes”. “But you don’t know anything about masonry?” “No”. The adjuster just testified that he made up the estimate. Defense closes proof. And the judge takes the matter under advisement. So let’s recap all this glory.
The contractor lied and was discredited, and the adjuster for the contractor admitted he just made everything up. We got $1,000 out of the trial. Less than half of what we sought but double what the defendant argued it should be. It was a win in my book.
Story credit: Reddit / Esq