NASHVILLE, Tenn. (WTVF) — Evelyn and Ed Henley are living in a rental after, more than 100 days after January's ice storm caused their pipes to burst and flooded the house.
Despite receiving a $30,000 insurance payout from Allstate in March, repairs have not started.
From the street, you would never know the Henley home was hit hard by the ice storm. But inside, the damage tells a different story.
"I said, 'Why does it sound like a waterfall when I was coming through the front door?' You could see the bathroom, water was coming out of the ceiling, out of the light fixture. It had already made a hole in the wall," Evelyn said.
On the third day of a 13-day power outage, a pipe on the second floor burst. The couple was staying in a hotel and did not discover that the home was flooding until the next morning.
"My house should be put together, I think, by now," Evelyn said.
Evelyn has adopted a new mantra for moments when she feels like crying.
"Cause I've been wanting to cry.. If I say boo to the hoo, it's almost like crying. It helps," Henley said.
In March, the couple received a $30,000 check from Allstate. The money was meant to cover repairs — new drywall, flooring, and carpeting. They say they gave their contractor all but $9,000 for materials, but the work still has not started.
"These are people you actually sent to my house that I thought were reputable to use to get my house fixed," Evelyn said.
I asked Allstate what oversight ensures contractors complete the work. Allstate would not discuss the Henleys' claim, citing customer privacy.
State insurance regulators say that because Allstate paid out the money, the insurer may not be to blame. It depends on what the Henleys' insurance policy says.
Officials say the Henleys can file a complaint with the Attorney General's Office, call Metro Police, or hire an attorney to look into possible contractor fraud.
"It's stupid, it's ridiculous. I mean really, if you can't do it, give me my money back," Evelyn said.
Action steps
According to the Tennessee Department of Commerce and Insurance, the Henleys have several options for recourse:
File a complaint with the Tennessee Division of Consumer Affairs: The Division of Consumer Affairs accepts online consumer complaints. Once a complaint is filed, the Division will reach out to the contractor to seek a written response — including any request for a refund made in the complaint.
File a complaint with the Board for Licensing Contractors: The Board will also contact the contractor for a response, with a focus on any professional licensure violations that may have occurred.
Seek legal counsel: The Tennessee Supreme Court maintains a list of legal resources through Justice For All TN, and the Tennessee Bar Association provides a resource for finding an attorney through tba.org.
Contact Metro Nashville Police: Consumers can file criminal charges with local law enforcement when a contractor fails to refund money for work not performed. The Henleys could speak with Metro Nashville Police and make a case for contractor fraud.
The Tennessee Attorney General and the Tennessee Department of Commerce and Insurance have also published guidance to help consumers avoid home improvement fraud.
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