ComplaintsforLux Construction

• Initial Complaint

  02/26/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  My 1st floor family room ceiling had an water damage around May 2021 and I filed an claim on my own with my insurance *** right away thinking roof was the cause. Around mid July , LUX general ** has performed investigation. They filed 2 more claims without my knowledge (one for inside ceiling and the other one for roof instead of working on my original claim). It turned out to be upstairs bathroom was the cause of the water damage. My insurance paid out the roof repair in full but only partial for 1st floor water damage. The original roof estimate given by LUX was $17,890.04. Our insurance pay out was $30,181.14 which included both roof and 1st fl ceiling repair (~$1600.00). LUX repaired the Roof around end of September and was still waiting for 1st fl claim to be resolved. Meanwhile, I signed and gave them all the checks my insurance sent me. When the 3rd claim they filed was finally denied, they advised me to get a lawyer to fight more with my insurance *** but I didnt want to do that. When I finally decided to dis**ntinue relationship with LUX due to high estimate for the upstairs bathroom repair they have given me, they took ceiling repair payout from my insurance also without fixing it. When I asked them for the ceiling repair payout money, they told me their loss was too great for the investigation (tear out portion of upstairs shower and running dryers) to return that money back to me. However, I lost my my insurance policy because of their mistakes (filing 2 more claims, too many claims in short period of time) which resulted in higher insurance premium. Also I had to pay out of my pocket again to fix the 1st floor ceiling when my insurance clearly paid me to do so. I sent them an email on 2/5/23 with a formal **mplaints. They didnt respond yet as of today. This caused a lot of stress which even lead me to seek doctor visit. All I want from them is to give me my $1600 back from my insurance payout and move on. Hope you can help me. Thank you!

  

  Business response

  02/28/2022

  The 3 claims were filed because the first claim the homeowner filed themselves in error.  However, for the date and cause they filed the insurance company didn't cover anything because it was wrong information.  When a claim is filed, you can't undo it and pretend like it never happened.  The homeowners contacted us for assistance and we advised them about filling new claim for the different loss dates and different causes for their water leaking and for their roof.  They agreed and signed contract with us letting us file the claims for the 2 different causes from 2 different dates.  There was a claim filed for the roof and for the water damage.  For the roof, it was covered and they had a deductible of $1,000 and for the water claim, another deductible of $1,000.  ************* paid a little portion for the interior which was worth around $1,145.97.  which is less then their $2,000 deductible plus they didn't pay for the water mitigation **** $4,898.86 (attached) where we had to tear out and dry out with out special equipment and that's how we prevented further damage and the cause of the water leak.  That is way we advised them to take their previous insurance company to court because they should have covered it. Our total owed is $2,000 deductible plus $4,898.86 water mitigation totaling $6,898.86.  They said that they were struggling financially so we wanted to help them out and off set their costs to repair their interior and then they changed their minds and said they do not want to repair it at this time due to financial problems.  Today, we find out that just recieved this complaint. 

  Customer response

  03/09/2022

   
  Complaint: 16810708
  
  I am rejecting this response because:

  
  

  1. I want to begin by saying there is NO such a thing as Wrong claim when a homeowner files an incident to insurance company as they said in their response.  What is LUX talking about?!?  How could you be 'Wrong' about reporting a claim with type and date of the incident that just happened?
  2. LUX has a Public Adjuster(PA) under its operation called Top adjuster co. (**********, **) which runs by LUXs owners daughter.  When LUX came, they told me that I need to sign up with their PA also. They assured me several times that everything will be fixed and covered by insurance.
  3. When I signed a contract with LUX for their PA ******** I asked for a copy of the contract.  They said they will mail it out to me for some reason. They never did. When they finally gave me a copy, it wasnt my signature nor the date I signed.  I couldnt figure out what have changed in that form since I dont have the original copy that I signed. (See attachment for signature comparison-July date one for PA is not my signature. September one for Roof is my signature) 
  4. In the beginning, I clearly disclosed to LUX that I have ALREADY filed a claim myself and that they should work on that.  However, LUX and Top adjuster opened up 2 more claims for the same issue without my approval. This happened because Top adjuster NEVER once communicated with me directly but always through LUX.  Is Top Adjuster working for LUX? or Consumer?  Their PA was clearly working for her dads interest not for consumers. 
  5. As a result, 1 clam became 3 claims in such a short period of time. So not only I lost my insurance policy which I had for last 20+ years (so disgraceful!) but also costing me a lot higher monthly premium now with a new insurance company. 
  6. I recently found out from another contractor that LUX tore down unnecessarily large area when they investigate the water leaks. (Side and bottom of the shower and wood floor of closet located back of the shower faucets)   So it would cost me extra $$ to fix instead of just fixing the simple leak on the wall. (See attachment) When I previously questioned LUX about the cut on my closet wood floor, he explained about the insurance's matching policy and that insurance should pay for the entire 2nd floor.  Also, even though LUX said themselves that the water leak wasnt an old problem and there was no mold present, they ran the water mitigation unnecessarily for 3 days in attempt to get more insurance payout which I never authorized it. They did it themselves saying it was necessary. 
  7. As a **** consumer, you dont know what is necessary and how everything works when you file a claim. But it is clear to me that these kind of practice and attitude to maximize their family business profit at a cost of consumers insurance policy is wrong!  It should be told and need to be stopped. 
  8. I also had to pay out of my pocket to fix the 1st floor ceiling when my insurance clearly paid me because LUX took that payout without fixing them.  LUX said  they cannot refund that money because they lost money when their third claim got denied. 
  9. LUXs response of $1145.97 insurance payout for the 1st floor ceiling repair is wrong. I called my insurance claim department myself and they told me insurance payout for the first ceiling is $1575.21. 
  10. They took $30181.14 for the original appraisal $17890.04 roof work. (see previous attachment)  And $1575.21 was for the inside ceiling. The difference of $10715.89  should be more than enough to cover their loss.  Taking insurance payout ($1575.21) for work they never did is clearly wrong!
  11. LUX clearly told me in the beginning that they will discount the deductible $ for me.  And also I should not be responsible for 2 more deductibles when they filed multiple claims in error. 
  12. I parted with LUX because they kept pushing me to get a lawyer in attempt to reverse the denied claim. It wasnt worth my headache and I didnt want to pursue that route.  Also their estimate to fix the upstairs bathroom was way too high compare to others. 
  13. Its not consumers fault when claim got denied nor should be responsible for their investigation cost especially when it was abused.  It is also consumers choice to choose whom they want to do business with. 
  14. LUX and Top adjuster gave me a great deal of stress which caused me insomnia and anxiety.  I recently had to even seek medical visit due to that. 
  15. I sent LUX an email regarding this issue back on 2/5/2022. They didnt respond for almost a month.  They responded only when I reached out to BBB for resolution.  That clearly demonstrate that they simply do not care.  
  16. Getting money back is important but notifying public about these kind of business practice is more important to me to prevent future cases like this. 

  
  
  Sincerely,
  
  Sae Hwang

  

  Business response

  03/11/2022

  We cannot speak for another companys behalf.  As we stated, the first claim that the homeowner claim was denied by the insurance because they wrong cause and date of the incident.  That is why they to us for assistant at which they signed all the papers to let us assist them.  On the contract, it states insurance cost plus supplements because you dont know what is under the roof and know the exact costs until the work is complete that is why it is called an estimate. We also installed new gutters/ downspouts and vents which wasnt even on our initial estimate.  They begged to have it as cheap as possible since they were struggling financially and they wanted to pay out of pocket.  Then they changed their minds and wanted to file roof the claim so the insurance could pay for it and they wouldnt have to pay that out of pocket.   Then they wanted to have the insurance pay for the water damage so we had to file a 2nd claim which they authorized for the water claim. We had to cut out the wet and damaged parts in order to figure out where and what was the water leak caused from.   We figured out it was caused from their shower faucet leak and repaired it for them.  They authorized us to perform the water mitigation work in order to prevent further damage and prevent mold.  We never stated that the flooring had mold.  Their insurance company implied that it was mold in order to deny coverage and that is the reason we suggested hiring an attorney.  We will be taking legal action in the court of law for our total owed is $2,000 deductible plus $4,898.86 water mitigation totaling $6,898.86 minus their $1,576.21 for the interior total owed $5,322.65

  Customer response

  03/15/2022

   
  Complaint: 16810708
  
  I am rejecting this response because:
  

  **While I was preparing to post this response, LUX contacted me through a 3rd party on 3/12/2032 with a promise of resolution and a refund.
  However, on 3/14/2022, I received a Final notice of law suit threat and **** via certified mail from them dating 3/11/3022 (This was the FIRST notice of any kind that Ive ever received from them).
  I responded back on 3/15/2022 through that same 3rd party and am still waiting for LUXs response.
  I have decided to post my response anyways because of their mixed messages.
  
  
  1. I NEVER AUTHORIZED for them to file multiple claims for single issue. The record from the insurance company log for claim# ending -094W saying that the Top adjuster knew there was an open claim when they try to file a claim. (See attached) What Public Adjuster authorizes insurance company to open up another claim anyways when the insurance company clearly notified PA that there is currently pending claim for that issue??
  2. The first claim (claim # -055T) I reported before LUX came along back on 6/22/21 was NEVER WRONG or DENIED as LUX is claiming. It was initially partially APPROVED for the inside ceiling repairs and later been approved for MORE on the ceiling repair and the roof. It clearly says on the insurance document. It says $576.38 (out of $954.85 from 7/11/21 payout) was for inside ceiling. And it was later approved for additional $1465.24 (out of $9797.38 10/11/21 payout) also for the inside. So the total ceiling repair payout was $2041.62 (see attached official documents from insurance *** for breakdowns).
  3. I found out from my insurance company that the 2nd claim (-094W) filed by Top adjuster co (Public adjuster, PA) on 7/16/2021 was only for extras on roof. WHY did PA filed a SEPARATE claim for LUXs gutter and down spout work instead of amending it on the first claim? (Which resulted in multiple claims and additional deductible) I dont know! But sure am interested to find out.
  4. And 3rd claim (-094W) which ALSO was filed by Top adjuster on 8/18/2021 in an effort to get master bathroom leak payout was denied. This is the claim that after they pushed me to get a lawyer to reverse it which I never pursued. While PA might not think it isnt a big deal to open up multiple claims and suggest consumer to pursue legal way to see which one gets paid out to maximize their benefit, it is devastating to consumers (lost of policy, higher premiums, legal fee, not to mention medical visit due to stress and headaches). My loss is so much greater than theirs!!
  5. When we, consumer, sign up with PA ******** we expect PA to educate, advise and advocate consumers. Top adjuster never once contacted me to explain, give me advice on figuring out the claim progress. As a matter of fact, I never met this PA in person nor talked to her on the phone. The PA contract I signed was through LUXs visit. As I mentioned before they gave me copy of that contract in later date with forged signature. **Public, please dont be stupid like me. Obtain a copy of your contract as soon as you sign it! Do not agree to get it later in mail for any reason. I dont know how LUX and Top adjuster have been operating previously but I am sure this is not the norm of the proper business practice.
  6. The refund amount I am asking from LUX is NOT the extra $ above and beyond they got from my insurance company than their roof estimate. It is only for the inside ceiling repair payout which LUX took WITHOUT fixing it. **Public, once again dont be stupid like me to sign and give all the checks in advance to contractors before work is completed. I only did that out of trust and because I was going to fix the bathroom with LUX eventually.
  7. Consumer always want to best and fair price. There is nothing wrong with that. But I never bagged for anything as LUX claims. LUX is portraying me as someone who is broke in their response but I didnt even try to negotiate with LUXs roof estimate when I tried to fix it out of pocket.
  8. I never changed my mind and asked them to claim the roof. LUX told me that it was insurance adjusters fault that they did not investigate the cause of the leak to begin with. (Which turned out to be shower faucets behind the wall in my bathroom upstairs) And the roof should be covered regardless of the water damage since there was wind/hail damages on the shingles.
  9. I told LUX in the beginning that I already asked several different contractors and roofers to figure out the cause of water leak before LUXs involvement. I also told LUX that I hired a company to re-caulked shower tub and sealed the shower tile grout to rule out the possibility of leak through those. And I explained to LUX based on previous contractors investigation, testimony and my personal testing, shower drain seems to be NOT the cause of water leak. But still they went ahead and tore up entire shower bed and side tiles plus the closet wood floor instead of simply looking at the shower faucets on the closet wall. Why??
  10. I NEVER ASKED LUX to run the mitigation system. They set it up themselves and THEN told me it was necessary. I didnt even know what mitigation system was or until they set it up and ran it. If there was no mold as LUX said, why did you run the mitigation system?  They assumed on maximizing insurance coverage on their own and assured me several times that it will be all covered by the insurance.
  11. It is a complete LIE that they said they fixed it! in their response unless leaving it like this is fixing it. (See attachment pictures as they left it)
  12. One might say is this all worth it to recoup $2000? It was only LUXs attitude and complete ignoring of my complaint for nearly a month made me turn to BBB for help.  It was only soon after my BBB report LUX reached out to me via text acknowledging that they received my email about a month ago. All I wanted was their explanation/apology response and my insurance payout $ back for the inside ceiling repair which LUX took without fixing. So I can fix it and move on.
  13. I do not think LUX and Top adjuster understand the seriousness of their actions consequences. As a ordinary consumer who just filed a simple insurance claim for a water leak damage on their family room ceiling in an effort to fix it, I did not do anything wrong or being dishonest. If LUX is going to file a law suit as they threaten to do so in their last response, then I have no other choice but to stand up for my right, loss and suffering. It is really sad when a victim in this case, consumer, is further victimized by who done them wrong. It will be very interesting to see who is right. I am a firmer believer that principle matters and the truth will come out at the end.

  
  Sincerely,
  
  Sae Hwang

  

  Business response

  03/16/2022

  We have already sent them a mail and notified them of possible lien if payment or settlement cannot be reached  We will handle this legally.

  Customer response

  03/18/2022

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  

  the Lux general co,  Top Adjuster and I reached a mutual agreement.  

   

  Sincerely,
  
  Sae Hwang

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩