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I was wondering if I could get some advice from a structural damage attorney

Newfane, NY |
Filed under: Residential property

A driver plowed into our tree on our property. The crash literally caused the house to shake. This is where things become a little difficult. 15 years ago we repaired a crack in our basement foundation. This crack was in direct path of the tree/crash. For the past 15 years we had no problems whatsover, no further cracks, no leakage, nothing. A day after the accident I went down to the basement and heard a tinkle, as if water was coming in. The crack that was repaired 15 years ago had separated. Water is now leaking in our basement. IS IT POSSIBLE that this accident had anything to do with this? The insurance adjuster came yesterday and said well I don't think so because it was alreay repaired. Will need to have a structural engineer check it out. WHAT DO YOU THINK? IS IT POSSIBLE?

Attorney Answers 5


If you mean the insurance adjuster for the insurance company of the plow company, then you've made mistake number one. Sharing all the details that you've posted is mistake number two. Before mistake number 3 occurs you need to consult with a local attorney who is qualified in property damage claims and probably litigation as well. Asking for advise here was wise, now move beyond.

Even if you reported this to your carrier, the above holds. If you haven't reported, do so after consulting with counsel. Act asap.

You will need your own appraiser and/or engineer. Understand insurance companies look to minimize any payout. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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You need to consult an attorney ASAP and be careful of what you publicly disclose in forums such as this. Good Luck.

Call for a free consultation at 727-937-1400 or visit us on the Web at

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Attorney Adams offers excellent advice. I suggest you follow it.

Is it possible - yes. Are a group of lawyers the best people to answer that question- no.

Most importantly you should avoid providing any more details to the insurance company for the other person's vehicle. Their knee jerk reactions will be to avoid payment as much as possible. If the damage to your home is significant you should hire an attorney as this is really the only way to force an insurance carrier to pay on a claim.

If it is not significant enough for an attorney to get involved you may be able to get an engineers opinion for $1000-$1500 but there is no guarantee that the carrier will give it any weight.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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1 comment

Jeffrey Mark Adams

Jeffrey Mark Adams


Tks and back at ya


Retain a local insurance lawyer in your city to get you compensation to properly fix your house.

Only 29% Contingency Fee! Phone: 215-510-6755

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Hire a lawyer and then let him hire the structural engineer. You will need the engineer's opinion to bring a case for structural damages. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de accidentes y lesiones is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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