Can I file for property damages done to my home caused by cable company?
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Can I file for property damages done to my home caused by cable company?
On July 6 2016 cable line was loosen and drooping over the road. I called and informed the company that someone needed to come out and fix it before a car tore it the rest of the way down. Needless to say no one fixed the issue and a garbage truck came by on July 11 and tore it down and in the meantime damaged my house because the cable was put behind my siding by installers. I was without cable and internet for 23 days. I have been issued 16 or 18 ticket to fix my problem. I have spent at least 15 hours on the phone with different customer service people. They keep telling me they want to resolve this issue, I have been told that an insurance adjuster will be out to fix. I am not happy with this company and need some advice it I have a legal right for all the aggravation and the fact my house is not fixed and water is getting behind my siding.
Asked on November 7, 2016 under Real Estate Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your *own* insurance (assuming you have relevant coverage) will not or does not pay the cost of the repairs (including for any resulting water damage, etc.), you can sue the cable company for the money, if they won't pay voluntarily; when someone negligently (carelessly) damages another's property, they are liable for the reasonably foreseeable (logical or reasonably predictable) consequences of that action. However, when they don't pay, the only way to try force them to pay is via suing them. You sue the cable company, not their insurer; their insurer does not have an obligation directly to you, but rather to their insured to defend and pay for them as appropriate (i.e. when sued).
(Note: if your insurer does pay but you have high deductible, you can sue for the deductible or any other amounts not paid by insurance.)
However, you can only recover compensation for provable economic losses or costs, or physical damage; there is no compensation for your time and aggravation.
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