A few weeks ago a city contractor was hired to tear down the condemned building next to our house. Somehow, he managed to nick our house with his trackhoe and took out a chunk of our roof. At the time, he promised to fix it but now his insurance company is using words like "liability insurance" and "depreciation" and it almost sounds to me like this is going to cost US a bunch of money. We considered going through our own insurance but then our rates would go up.
This was 100% his mistake. How do we make sure that he is the one to pay for it?
You can’t make sure he actually pays for anything.
You can sue him, but state law would say how much he has to pay.
The safest thing, is to file the claim with your insurance company, and let them chase him down, assuming there’s a lot of damage. If the damage is under $1,000, then you just have to trust that his insurance will do right by you.
But if your roof was old, and needed to be replaced ANYWAY, they don’t pay as much as they would, if your roof was brand new. THEY don’t have to pay replacement value – legally, they only have to pay actual cash value (replacement less depreciation). They pay what it’s WORTH. Only YOUR policy has to pay for replacement value, IF you have that kind of coverage.