Need some advice relating to a home insurance claim
I'm hoping that some of you are in the insurance biz and that maybe even the lawyers could chime in (with the understanding that none of this is binding legal advice).
I'm going to try to make a very long story short.
In 2012 had a bad hail storm. Hired a contractor to fix roof. Was given a check for a little over $6K from insurance for this (roof-depreciation-deductible=~$6K). Gave the entire amount to contractor.
While doing the work, contractor discusses with me about adding a supplemental to the claim to repair the pool deck that was beat to hell from the hail as well as a new fence. I tell him fine, he does so and the insurance approves it. Insurance sends me a check for a little over $11K.
Now, here's where it gets sticky: The contractor is my cousin. Nothing was signed, everything was done via handshake. Yes, stupid in hindsight but what's done is done. We agree to postpone the pool work until we can save up enough money to have other things done with the pool at the same time but obviously on our own dime.
A couple of years go by, I give him $10K as a sign of good faith.
Fast forward to now, we are ready to have the work done. He is now claiming that all monies paid to him were for work related to the roof and that I need to contact the insurance company for more money.
So long story short. He's made off with 10K that was supposed to go to fix my deck claiming that he never got full payment for the roof after it was completed. Nevermind the fact that he never told me to submit for final payment. I just assumed that the first check I got from the insurance company was the only one I was getting for that.
I know I could take him to court but that's really not something I want to do, but I'm willing to explore all options.
At this point, my main concern is whether or not I am somehow liable for that money since the insurance company sent me the check and the work was never done. Am I subject to some sort of insurance fraud charge?? They are aware of the situation by the way.
Thanks.
I'm hoping that some of you are in the insurance biz and that maybe even the lawyers could chime in (with the understanding that none of this is binding legal advice).
I'm going to try to make a very long story short.
In 2012 had a bad hail storm. Hired a contractor to fix roof. Was given a check for a little over $6K from insurance for this (roof-depreciation-deductible=~$6K). Gave the entire amount to contractor.
While doing the work, contractor discusses with me about adding a supplemental to the claim to repair the pool deck that was beat to hell from the hail as well as a new fence. I tell him fine, he does so and the insurance approves it. Insurance sends me a check for a little over $11K.
Now, here's where it gets sticky: The contractor is my cousin. Nothing was signed, everything was done via handshake. Yes, stupid in hindsight but what's done is done. We agree to postpone the pool work until we can save up enough money to have other things done with the pool at the same time but obviously on our own dime.
A couple of years go by, I give him $10K as a sign of good faith.
Fast forward to now, we are ready to have the work done. He is now claiming that all monies paid to him were for work related to the roof and that I need to contact the insurance company for more money.
So long story short. He's made off with 10K that was supposed to go to fix my deck claiming that he never got full payment for the roof after it was completed. Nevermind the fact that he never told me to submit for final payment. I just assumed that the first check I got from the insurance company was the only one I was getting for that.
I know I could take him to court but that's really not something I want to do, but I'm willing to explore all options.
At this point, my main concern is whether or not I am somehow liable for that money since the insurance company sent me the check and the work was never done. Am I subject to some sort of insurance fraud charge?? They are aware of the situation by the way.
Thanks.