Sears out light broke my water valve and damaged my bathroom delivering a refrigerator

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Apr 6, 2020
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This past Saturday April 4th sears outlet delivered a refrigerator that I had purchased on line. The delivery guy went downstairs in the basement to turn off the water in order to hook up the water and ice machine to the refrigerator. He subsequently broke a water valve in my downstairs bathroom thinking it was the water valve, and flooded my my basement for about an hour unable to find the main water valve. Me and my mother had to call the fire department, and water company, before the gentleman that works at the water company finally instructed us where to find the main valve and shutting off the water. We called sears outlet, who then gave us the number to a plumber, who sliced our water pipe in order to cap it so that we could have running water. I paid $129 for this service, and didn’t want to to but the manager at sears said we would have to pay out of pocket first in order to get reimbursed. The original quote for the plumber was around $400, which the manager at sears was already complaining was a very high cost. The plumber then stated we would have to tear down the whole wall in order to replace and fix the pipe. I don’t have money for that. And as I mentioned the manager at sears was already complaining about $400 and I know this will be much more from what the plumber stated has to be done in order to fix it. The plumber gave us a number to a water restoration service but we feel they all are working together. The plumber also told us to file a claim with our home insurance which I was leery of, but did the same night it happed, because of the persistence from the plumber. The next day I realized that was the wrong thing to do. I called my insurance agent this morning and he canceled my claim, even though I still feel they kept records. Basically I don’t know what to do. I’m going to call the sears manager after this to try and get the number to their insurance company, which I think is going to be a struggle. But like I said I don’t have money right now due to Coronavirus to pay more to have someone fix it. Does anyone have any advice? I also feel my floors are damaged because I was able to catch the water from the wall when the water was leaking for an hour. This is my mother’s home and she is very stressed about the situation and I just want it resolved. I also have a letter in writing from the deliver driver that it was all his fault, even though the manager at sears said it’s probably because my pipes were old.
 
May 30, 2019
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I called my insurance agent this morning and he canceled my claim, even though I still feel they kept records.
Who canceled the claim, Sears or the insurance agent, and why?

In the meantime, take pictures of all the damage - lots of pictures. You may need them later to prove damage.
 
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Jun 24, 2019
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Ah. I missed that you filed and cancelled your insurance claim. You can, of course, simply pursue Sears. The best way to proceed is to pay for and fix all damage, including floors, so that you have fixed the amount of damage. Then, after Sears inevitably tries to avoid paying you, lowballs you, asks for the same document three times, you will need to hire a lawyer and take them to court. Who pays for that lawyer is to be found in your contract with Sears; in all likelihood you have to pay for the lawyer.

If you are determined now not to use your homeowner's insurance, find a lawyer who can advise you of your rights and write a strongly worded letter to Sears.

Keep in mind that your homeowners insurance requires you to report claims in a timely fashion. If you wait a year and get nowhere with Sears, your insurer may reject your claim for lack of timely reporting. And reporting the claim to your agent, if your agent is an independent agent (most are, Allstate is an exception, for example) is not reporting to your insurance company.
 
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jsn55

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Dec 26, 2014
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What an awful experience. I'm trying to figure out the "bottom line". Why would your "whole wall need to be torn up to do the repair"? I'm reading that the delivery guy broke the water valve in the downstairs bath. Once the main valve was found and turned off the flooding stopped. A plumber came out to cap the water pipe in the downstairs bath so you could turn the water back on for the rest of the house at the main valve. The plumber sliced the pipe trying to cap it. In order to repair that sliced pipe, he wants to rip up the whole wall? Why? Plus, I don't understand why you cancelled your homeowner's insurance claim for all this.

If this happened to me, I'd file the homeowner's claim and do without water in the downstairs bath for a bit. Let them deal with Sears, the delivery man, and the plumber. Am I missing something?
 
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