Being denied an insurance claim for hurricane damage or storm damage is a frustrating position to face, but you can fight the denial. To do this, 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. That explanation can help you determine the next steps to take.
For example, an insurance provider may state in the denial that you did not provide enough evidence of losses, such as photos of storm damage. Then, you and an insurance claim attorney can file an appeal and include whatever evidence they stated you did not provide in your insurance claim. The insurance carrier may then approve your claim. If not, you could also fight a denied claim in court.
What You Need for a Hurricane Damage Insurance Claim
As Florida residents, we understand how important it is to be prepared during hurricane season. That includes carrying hurricane insurance. If you need to file an insurance claim for your hurricane or storm damage but are worried about a denial, don’t be. You have every right to file a claim. Start the process by gathering all the evidence you can. Insurance companies need evidence to process your damage claim, and the more evidence you have, the better.
If you have already filed your insurance claim and received a denial, our team will review the denial letter and determine if there is any specific evidence we need to collect. This evidence may include:
- Photographs of specific property losses
- Invoices for property repairs, cleanup services, or other services related to your claim
- Expert testimony about your covered losses
- Any other evidence that could be beneficial to your appeal efforts
The claims adjuster should have also documented your property losses, but there are cases where you must provide evidence of damage to an insurance agent. Our team can help you document your losses as we prepare to appeal a claim denial.
How to Seek Evidence of Losses on a Damaged Property
You want to carefully document the damage to your home, property, or business. You should go around the entire property to check for damage and indications of what caused the damage. You may want to do this more than once, as some damage may not be apparent on your first go-round.
For instance, mold damage due to flooding may take a few days to appear. A leak from a damaged roof may not be noticeable without an inspection. Structural damage to your home may not be obvious to you. You may position yourself for a favorable appeal decision by diligently documenting losses and keeping detailed records.
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Why Would the Insurance Company Deny a Damage Claim?
Insurance companies deny claims for many reasons, some valid and others not. For instance, an insurance company could deny a claim because you did not file the claim promptly after your home sustained storm damage.
Some of the most common reasons we see for insurance claim denials are:
- 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 homeowners insurance 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)
An insurance company’s initial decision may not be its final decision. We may help you reverse an adverse determination through the insurance appeals process and obtain for you the compensation you deserve.
Do You Need a Lawyer to Fight an Insurance Claim Denial?
A lawyer can be a vital asset when dealing with claim disputes, including when fighting a denial on a hurricane damage claim. 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. If you believe you are owed compensation through your homeowners insurance policy, it’s important to figure out why you’re being denied the money you believe you’re entitled to receive.
Our legal team will complete several steps in pursuit of a fair financial recovery, including:
- Forming a strategy for the insurance appeals process, then executing and updating that strategy as necessary
- Initiating internal appeals, external appeals, or any other process that will prompt the reconsideration of your claim
- Communicating with the insurance carrier to move your claim (or appeal) forward and, eventually, negotiate a settlement
- Attempt to enact an expedited appeal so that you do not wait unnecessarily to resolve the claims process
- Manage every responsibility and detail related to the appeal process
- Communicating with the Department of Insurance in your area to report any bad-faith tactics by the insurer
We may resolve your case without involving the Department of Insurance, but insurance companies must be accountable when they treat policyholders unfairly. Our primary mission will be to obtain the financial compensation your policy entitles you to receive, and nothing will distract us from that goal.
Our Firm Will Push for a Fair Review of Your Hurricane Damage Claim or Appeal
Your hurricane damage claim lawyer from our firm will prioritize 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, per Florida Statutes § 624.155.
We will identify the reason(s) for your claim denial and take steps toward approval, such as providing an insurer with additional evidence, correcting insurance documents, or filing an appeal. If your insurance company is still wrongfully denying your claim, we may advance to the litigation process.
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. If you have questions regarding lawsuits, we’re always available to our clients to answer their questions.
Call Bogin, Munns & Munns Today to Discuss Fighting a Denied Insurance Claim
If you are still wondering how to fight an insurance claim denial, it is time to contact Bogin, Munns & Munns. Our firm has over 40 years of experience helping clients just like you. We may face a time limit for resolving your claim, so do not wait to contact us.
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, we can offer you a consultation to determine the next best steps. Call Bogin, Munns & Munns today.