Hurricane Insurance Dispute Lawyers in Florida

You purchased property insurance and made all your premium payments on time. Now you filed a claim due to damage from the hurricane, and your provider fails to provide you with the money you need. If you have a denied hurricane insurance claim, or the amount of money that is offered as a resolution is too low, you have the right to file a dispute or appeal. The law allows you to file a lawsuit against an insurance company if they act in bad faith. If you have a dispute regarding an insurance claim, it is helpful to contact a Florida hurricane insurance dispute lawyer as soon as possible.

What Happens After You File a Hurricane Insurance Claim?

First, you need to review your insurance policy to verify what is and is not covered. In Florida, your basic homeowner’s insurance policy covers only basic losses. Generally, hurricane damage falls into several categories. You may have wind, rain or flooding damage due to a single storm. You need to have separate policies in place for windstorms and floods for protection from these types of losses. A hurricane insurance claim lawyer can help you sort through the many issues involved before you file a claim.

An insurance company may deny a claim if it does not fall within the policy coverage. Therefore, you need to be sure of exactly which damages are covered by which policy before you file a claim. One storm can cause you to experience all types of losses. For example, the hurricane might have torn the siding off your home and blown shingles off your roof. These damages should be covered under a windstorm policy.

Additionally, torrential rains might have caused damage and floods due to rain and storm surge produced standing water inside your dwelling. These are all legitimate claims provided you are covered for them under an insurance policy. You may need to file more than one claim after a hurricane. Insurance claims can be complicated so it can be extremely helpful to seek guidance from a hurricane insurance claim lawyer.

Each of your insurance policies includes a deductible. The amount of the deductible usually determines, in part, your insurance premiums. The deductible is the amount of money that you need to pay towards repairs of your property in an insurance claim. The deductible reduces the amount of money you will receive in the claim settlement. Deductibles may be in the form of a specific dollar amount or might be a percentage of the claim.

It is important to keep track your insurance policies and any claims you file. Create a folder where you maintain all your notes, documentation and other important details about the claims. Insurance claims can become complicated, especially when you have several insurance policies covering different aspects of the same storm damage. If you need to make temporary repairs, be certain that you hold the receipts for everything you spend because your policy may allow reimbursement. Additionally, you may be required to perform some temporary repairs in order to mitigate damages from worsening. For instance, if your roof lost shingles you must have a tarp installed to protect your home from further rain damage.

Disputing a Hurricane Insurance Claim Settlement

An appraiser visits your premises to evaluate damages and make a determination as to how much money to provide for repair or replacement. Before the appraiser arrives, you can educate yourself about the damages by obtaining repair estimates from contractors. Make sure the estimates include details about the repair as well as a breakout of materials and labor.

Before you start any clean-up efforts read your policy to find out what you should do after the storm. The policy usually provides guidelines that need to be properly followed in order to get the best results from your claim. Take photos of the damaged areas and keep everything that was damaged separated so the adjuster can view it if possible. The failure to do so could leave you without the proof necessary to get everything you need from your insurance claim. Discuss your insurance claim with a Florida hurricane insurance claim lawyer. An experienced insurance claim dispute lawyer attorney will help you gather the documentation necessary to back up your claims and help protect your rights.

Keep in mind that you may have more than one insurance company with which to file a claim. In Florida, property owners have the option to purchase windstorm protection through the Florida Windstorm Insurance Association, TWIA. TWIA provides insurance for damages caused by severe winds such as those in a hurricane or tropical storm. After you file a claim with TWIA, they will inspect the damages and create an estimate for repair costs. The estimates are generally based on the current going rates for similar repairs in your area.

The National Flood Insurance Program, NFIP, offers flood insurance to those who live in affected areas such as floodplains. You must file a claim according to FEMA, who manages the program. Insurance companies handle claims just the same way as other providers. After a claim is made an adjuster will visit your location to view flood damage and determine the payment value. If you disagree with the payment resolution, you may file an appeal. The appeal requires the company to revisit your claim and make another determination.

You have the right to dispute a settlement resolution if it does not meet your needs or if a claim was denied. You must file a dispute or appeal in writing with the company. Insurance providers often have clauses in their policies that require specific actions be taken in case of a dispute. For example, you may need to request an appraisal process. The appraisal process requires both you and the insurance company to hire an independent appraiser to evaluate the damages. Then, they work together to try to come to an agreement.

This clause is in place because insurance providers want to insurers to resolve their disputes before taking them to court. However, if you are not satisfied with the outcome of an appraisal, you may be able to file a legal case. If you do not agree with a settlement offer, do not accept the check. Instead, contact a Florida hurricane insurance dispute lawyer to learn more about your legal options.

Bad Faith Lawsuits

Bad faith generally means that a person or entity did something to disregard a contract. Bad faith claims can be difficult to prove. In general, these types of claims fall into one of the several categories. The most significant is a wrongful claim denial. This occurs when the insurance company improperly denies your insurance claim. A claim could be made where the company intentionally or knowingly delayed a claim or tried to pay less than the claim should be worth. This means that the provider knew, or should have known, that their action was wrong but did it anyway. This may mean the company breached the contract by failing to pay a claim that they knew was valid.

Additionally, an act of bad faith can occur if the provider fails to perform an investigation of the claim. If they quickly deny the claim without having an adjuster examine the damage, they could be considered to be acting in bad faith. Insurance claim damages need to be adequately reviewed before a determination can be made. A more difficult act of bad faith to prove occurs when the provider relied on a report or documentation that was not prepared in an objective manner. Florida hurricane insurance dispute lawyers can assist in the resolution of failed contracts.

Help from Florida Hurricane Insurance Dispute Lawyers

Insurance claim disputes are common. They occur for a number of reasons. Sometimes the insurance provider simply wants to try to resolve a claim in the least expensive way possible. They may not provide accurate evaluations of your damages or losses. Other times, they might make it difficult for you if you fail to provide proof of your losses. You can provide proof of losses by hiring your own adjuster to examine your premises and make a report. Florida hurricane insurance dispute lawyers help you obtain the proof you need to get the most from your claim.

A denied hurricane insurance claim can be frustrating and keep you from being able to make repairs to your home or business. You need guidance from our Florida hurricane insurance dispute lawyers. Your hurricane damage claim attorney will guide you through the process of hurricane insurance claim denial and take away the stress associated with insurance claims. You need to get the most from a claim, so you are able to fix your home and move forward after the devastating hurricane.

Farrell & Patel Law Firm handles all types of insurance claim disputes, both large and small. We have offices in Houston as well as in other areas of the country. Our hurricane insurance dispute lawyers are available to review your insurance claims and help you successfully dispute an unfair claim. If you were denied a claim or your claim was lower than needed to make repairs, we could help. Contact our experienced hurricane insurance dispute lawyers at Farrell & Patel Law Firm today for a free consultation to discuss your hurricane insurance claim dispute.