I am insured with Texas Fair Plan because of previous losses. My storage shed burned down with all my tools in it. I turned in a list of persona property but don't have any documentation. Can I get paid for these items and how.
You need to see what the requirements are (from the insurance carrier) on how to prove a loss. Maybe an affidavit will be acceptable to your insurance company? You need to ask your insurance company what they will accept. Your claim may be denied... and you may have to consult an attorney in your area for help.
All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas.
I agree with the previous attorney's answer. Most of us do not keep documentation or receipts of small personal items and tools that we purchase. Many insurance companies will accept an affidavit listing personal property. Check with your insurance claims adjuster as to what they will need.
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If you suffered damage due to accidental direct physical loss (ie. it was an accident), then you are generally entitled to be compensated under your Texas homeowner's policy. Assuming the fire was a covered loss, then you have the ability to be compensated for your "damages." Your damages are everything that was in the tool shed. The harder question is proving up what was in your tool shed. Despite what an insurance adjuster may tell you, you do not need actual receipts to prove that you owned property. Do you have any photographs of the property prior to the loss? Do you have any photographs of the storage shed that indicates its of a type that tools would normally be stored in? If you have not already, go in and take photographs and video of the damaged shed. Photograph and video the damaged tools, tool boxes, etc. Do not clean up and haul off anything until you have documented these burned items. Unless the fire was unusually hot, there is likely to be some indication that the tools existed in what is left.
Many times the insurance adjuster is not giving you an honest assessment of what you can or cannot be compensated for. If you had tools that have a high value and the insurance adjuster has indicated he cannot pay you for them, then I suggest you contact a local property damage/insurance attorney in your area to discuss your rights.
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