Lawyer for Airbnb Host Protection payout denials

[Myke23]

Hello, I recently rented an Airbnb to a guest that destroyed my property. They tore the drywall off the studs, broke the TVs, the vanity mirrors, stabbed holes in the walls and more. I sent Airbnb a quote for the damages, and they claimed that I misrepresented the quote, so they won't be paying out. I also sent 2 other quotes. I don't understand how they can say a quote was misrepresented, and just refuse to pay. Does anyone know a good lawyer in PA. I'm in the Philadelphia area. 

 

[Helen3]

I am sorry to hear of the guest damage.

To be honest for a claim of that scale you are probably better off claiming on your own home insurance for short term let's as Aircover is quite limited  @Myke23 

In what way did Airbnb say your quotes were not representative? 

you can take airbnb to arbitration if you disagree with their findings on a claim .

[Myke23]

They didn't say, they weren't specific at all. Only said that they couldn't verify my quote so they won't be paying out. 

How do I take them to arbitration?

[Helen3]

I can't remember have a look on the T&C for Aircover /Airbnb Help website @Myke23 

Is there a reason you're not claiming on your home insurance for STRs - likely to be much easier ?

[Myke23]

Everyone I spoke with warned against that. My friend said he went through a similar situation and they dropped him from their insurance. A bunch of people online said that if they do payout, my insurance rate will raise unreasonably high. Plus I have a high deductible of 5k, and am afraid of getting small payout because of this, that still won't be enough to cover the damages. 

[Joan2709]

@Myke23 

Just curious…what did the guest say when you filed your claim? Did they have an explanation for the damages? 

If you had a short term rental insurance policy there should be no problem filing a claim. 

If you had just a typical homeowners policy it would not cover this. In addition, your coverage could be cancelled if they find out you are operating a commercial activity on the property. 

Since this is substantial damage, Airbnb most likely will only accept quotes from  business that does drywall repair and one that does painting. 

TVs & mirrors will only be replaced at depreciated value…not replacement value. 

What specifically did Airbnb say was the problem with your quotes? 

If you have to cancel future bookings due to the damage, Airbnb should cover that.

[Myke23]

Hello, the guest blamed his +1 guest, and said he wasnt there when it happened, so he shouldnt be responsible. He blames me for allowing his guest to destroy it and said I should have check in on the property. Even though I did check a week before their checkout, and it was fine. 

I have landord insurance through Allstate. Everything in the rental was brand new since this was my first guest, and i just finished rennovations right before they moved in. Airbnb only said that the quotes were misrepresented, and gave no further explaination, eventhough I asked twice how the quotes were "misrepresented". They only reply by email every 3 days, and just repeat the same scripts, so its really hard to move forward with them. They also never responded to my email about the future bookings that I had to cancel. They completely ignored it. Their last email said that this decision was final, and further communication would not change to outcome. 

[Joan2709]

 So sorry...what a mess. 

Landlord insurance doesn't cover short term rentals I'm afraid and if they find out you are doing short term rentals they will cancel your policy and deny any claims, so there is really no reason to pay for a policy you can't use. You'll have to look elsewhere for short term rental insurance. Below are a few that offer it in the US. It will be more expensive than typical landlord insurance. I would work with an independent insurance broker who can advise you who offers short term rental insurance in your area:

1. Proper Insurance (only covers short term not over 30days)
2. State Farm (add on policy if you live on property)
3. Farmers (through Foremost - add on policy)
4. CBIZ
5. Mercury
6. Steadily 
7. Safely
8. Travelers

Did you miss any deadlines for submitting the Aircover claim? Initial claim within 14days after checkout and submission of all documentation required by Airbnb within 30days? If so, you will not be reimbursed through Aircover for the damages.

Aircover absolutely should cover the cancelled resevations, as long as you met all the required deadlines. I would read through all the documentation on Aircover and at least get reimbursement for that. You should also review the exclusions and limitations of coverage, as many Hosts aren't aware of them until they need to file an Aircover Claim:

Aircover - What's Covered

https://www.airbnb.com/help/article/279

Host damage protection covers you for:

• Damage to your home, furnishings, valuables, or belongings caused by guests (or their invitees)
• Damage to parked cars, boats, or other vehicles caused by guests (or their invitees)
• Extra cleaning costs required to remove stains left by guests (or their invitees) or pet accidents, smoke odor removal, or when required due to additional unapproved guests
• Income lost if you need to cancel confirmed Airbnb bookings due to damage caused by a guest (or their invitees)

  Host Damage Protection Terms

  https://www.airbnb.com/help/article/2869

  “Booking Income Loss” is the loss of booking income from the booked portion of an Eligible Accommodation (according to bona fide Airbnb confirmed bookings on the Airbnb Platform in force prior to the established time of loss) by you, as a Host, resulting from an Eligible Loss.

@Myke23

[Myke23]

It was rented out for 4 months on airbnb, so technically not short term. And I never accepted the bookings because of the damage. they sent the request and i denied them. 

[Joan2709]

@Myke23 

If your insurance is a typical Homeowner's policy, it will not cover any type of rental. You would need a Landlord Insurance Policy for anything over 30days and a short term rental policy for anything under 30days in order to be covered.

If you had no reservations on the books that had to be cancelled, not sure Airbnb would cover you having to decline bookings because of damage, but they might. I would read through the terms, limitations and exclusions to find out.

[Julie-K-0]

same happened to me

[Helen3]

they would only drop you from the insurance if you don't have proper home insurance for short term let's . @Myke23 

your're correct 5000 is a really high deductible. (Mine is £250). 

@Joan2709  Has some useful advice if you want to pursue through Airbnb.