I had filed an insurance claim due to damage done at my home. The broker had come down with an insurance adjuster to assess the damages At that time I was unaware of the fact that I AM responsible to pay the adjuster. After the claim was put together the adjuster gave me a form to sign & told me that it is my reponsibility to pay 12.5% of the net proceeds on the claim. I signed the paper with that understanding in mind. Subsequently a settlement was reached & I received payment on my claim less the deductible stipulated in my policy. As soon as payment was received by me I informed the adjuster so that I can pay him. After calculating the sum due him he informed me that there is an additional charge due for him having submitted all the paperwork (which I naturally assumed was part of his job & he NEVER told me nor did I sign anything stipulating any additional fees other than the 12.5%) & in addition the 12.5% is calculated from the GROSS (before my deductible). My question is WHAT DO I “HALACHICALLY OWE” what I signed or for the changes he requested AFTER the check was received?
Answer
In general, once a fee has been agreed upon in advance. neither party may change the terms of the agreement after the service has been provided.
Nonetheless, there will be circumstances in which there are acceptable additional charges which every client is expected to know about, or additional fees for additional work that was provided that was not discussed earlier because it was not known that such additional work would be necessary. In these cases the contractor is entitled to ask for extra wages.
For a conclusive ruling in your case, you must approach a Dayan together with the contractor, so that he can hear both parties and rule accordingly.
