How Do I Fight a Denied Insurance Claim?

How Do I Fight a Denied Insurance Claim?
claim, insurance, damage, home, denial, company, evidence, storm, denied, deny

If you have been denied an insurance claim for hurricane damage or storm damage, you can fight the denial. To do this, first, you need to figure out why the insurance company denied your claim. The insurance company is legally obligated to give you a reason for the claim denial and that can help you determine the next steps.

For example, they may state in the denial that you did not provide enough evidence, such as photos of storm damage. Then, you can file an appeal and include whatever evidence they stated you did not provide in your insurance claim. The insurer may then approve your claim. If not, you could also fight a denied claim in court.

Evidence Needed for an Insurance Claim

If you have not yet filed an insurance claim but are worried about a denial, you should start the process by gathering all the evidence you can. Insurance companies need evidence in order to process your claim, and the more evidence you have, the better.

For example, you should note the date and exact time that the storm damage occurred. If the storm damage occurred due to Hurricane Ian, for instance, that’s important to note.

You want to carefully document all of the damage in your home and around your property. You should go around the entire home to check for damage as well as what caused it. You may want to do this more than once, as some types of damage may not show up right away.

For instance, mold damage due to flooding may take a few days to show up. A leak from a damaged roof may not be noticeable without an inspection. Structural damage to your home may not be obvious to you.

Evidence is key to getting your insurance claim approved. In some cases, your insurer may send an inspector to your home to verify the damage as well. You will also need to price out the costs of repairs.


Why Do Insurance Companies Deny Claims?

Insurance companies deny claims for many reasons; some of them are valid and some are not. For instance, an insurance company could deny a claim because you did not file the claim in a timely manner after your home sustained storm damage.

Here are some examples of why an insurance company would deny your claim. The insurer states that:

  • You didn’t file in a “timely” manner
  • You didn’t pay your premiums (which could be disputed)
  • You failed to disclose property features to the insurer
  • You didn’t provide enough evidence
  • You gave false statements or your story changed
  • You didn’t take preventative measures
  • The damage to your home was not included in the policy (which could be in dispute)
  • The damage was intentional or worsened by something you did or didn’t do
  • Repairs on your home would cost less than your deductible
  • You failed to maintain your property
  • Your policy has a financial cap (you won’t be paid over a certain maximum amount of money)

Do I Need a Lawyer To Fight an Insurance Claim Denial?

A lawyer can be a vital asset when dealing with legal matters, such as fighting a claim denial. It can be frustrating to receive a denial from an insurance company, especially over something as important as home repairs after storm damage.

When you have a lawyer on your team, it’s their job to look at every aspect of your case and find the best solution for your situation. If you believe you are owed compensation through your insurance policy, it’s important to figure out why you’re being denied the money you believe you’re entitled to.

Your lawyer can watch out for your best interests and ensure that the insurance company is operating in good faith. Insurers who deny claims for invalid reasons are operating in bad faith and they can be sued for this behavior under Florida law (Florida Statutes § 624.155).

A lawyer can get to the bottom of your claim denial and take steps toward claim approval, such as providing an insurer with additional evidence. If your insurance company is still wrongfully denying your claim, your attorney could take your case through litigation.

Going to court is not always the first choice, but it could be necessary to get the compensation you may be owed through your insurance policy.


Learn Your Legal Options After an Insurance Claim Denial

If you are still wondering how to fight an insurance claim denial, it might be time to contact Bogin, Munns & Munns. Our firm has over 40 years of experience helping clients just like you.

We can examine your case to determine what possibilities are available to you for fighting a denied claim. If you have not yet filed an insurance claim, you can also get a free case consultation to determine the next best steps. Reach out to our firm today!


How do you choose which Attorney to represent you?

Call or text 855-780-9986 or submit our Consultation Request form today



Request a Consultation

Request a consultation by filling out the form below, or call us at 855.780.9986. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.