The damage left in the wake of a hurricane can be catastrophic. Structures crumble beneath heavy winds and debris punctures buildings, allowing for rain and storm surges to flood interiors. Some hurricanes may even produce tornadoes, which can level buildings and completely destroy personal property.
After a hurricane, you may believe you can count on your insurance company to help pick up the pieces. Unfortunately, some insurers choose to push back, citing erroneous policy language or intentionally delaying claims. When this happens, you need an attorney on your side who will aggressively fight for the compensation you need. At Chiappetta Trial Lawyers, our team of experienced attorneys is ready to help.
Key Takeaways
- Hurricane insurance covers windstorm-related damage declared as a hurricane by the National Hurricane Center, but understanding policy details is crucial to avoid coverage issues.
- To improve your claim’s success, file promptly, document pre- and post-storm property conditions, and maintain records of all expenses related to hurricane damage.
- If your claim is delayed or denied, you can appeal, file a complaint, or seek legal help from a hurricane damage lawyer to pursue fair compensation.
Understanding Hurricane Insurance
Hurricane insurance typically covers damage to the interior and/or exterior of a building caused by rain, snow, sleet, hail, sand, or dust if the damage results from the direct force of a windstorm. For hurricane insurance to apply, the offending windstorm must have been declared a hurricane by the National Hurricane Center of the National Weather Service.
Deductibles for hurricane coverage in Florida are regulated by the Office of Insurance Regulation (OIC). As such, insurers are required to offer deductible options of $500, or 2%, 5%, or 10% of the policy dwelling structure limits. When a hurricane deductible is applied to a claim, no other policy deductible may be added.
While no state mandates that a homeowner carry hurricane insurance, mortgage lenders may require hurricane coverage and/or flood coverage if your home is located in a particularly vulnerable area, or if it is in a flood zone.
Common Challenges With Hurricane Insurance Claims
If you’ve been impacted by a hurricane, the last thing you want to think about is having to fight your insurance company to get the funds you need to repair your home and replace your belongings. Unfortunately, these types of disputes happen far too often.
There are several common challenges that property owners face when filing a claim for hurricane damage.
Denials
Hurricane damage claim denials are not uncommon. In fact, Florida’s state-run insurance carrier, Citizens Property Insurance, denied over 77% of homeowners’ claims after Hurricane Debby. Denials can be devastating, and appealing them can be tedious and time-consuming. Sometimes, denials simply happen because of errors, such as an incorrectly filed claim or one that wasn’t filed on time. In other cases, however, denials can stem from an insurer that is acting in bad faith and misleading you about the terms of your policy.
Delays
State laws govern how long a insurer has to respond to a claim, but when a natural disaster occurs, insurers may find themselves overwhelmed with the amount of claims they must process. This can be a legitimate reason for a delay, but insurers have also been known to intentionally delay claims in the hopes that a worn out policyholder will be more willing to accept a lower payout.
How to Improve Your Chance of a Successful Hurricane Damage Claim
There are certain steps you can take both before and after a hurricane to ensure you have the best chance of filing a successful claim. These include:
Reading Your Policy
One reason owners may encounter issues with their hurricane coverage is if they do not understand their policy limits, deductible demands, or coverage. Review your policy and ask your carrier questions if you don’t understand, or discuss your policy with a qualified attorney.
Filing Your Claim Quickly
In Florida, you have one year from the date of a hurricane to file a claim for coverage. However, filing a claim as soon as possible provides the most opportunity for success in navigating your claim and receiving the compensation you need.
Providing Detailed Documentation
Before a storm hits, take pictures of the inside and outside of your property, make detailed notes about property values, and make certain that smaller items in your home (like jewelry, appliances, etc.) are accounted for with pictures or a ledger. After the storm, take additional pictures that show the damage you sustained.
Creating a Record
After a hurricane, collect receipts for repairs and replacements, temporary housing, emergency supplies, and any other costs you have incurred due to the damage. By documenting these expenses, you’ll have a better chance of receiving an insurance payout that covers the full extent of your losses.
What Can I Do If My Hurricane Insurance Claim Is Denied or Delayed?
A delay or denial is not the end of your claims process. If you feel the carrier is delaying your claim, or if you receive a denial, you may file an appeal with your insurer. You may also file a complaint with the state’s office of insurance regulation. A third option is to hire a hurricane damage lawyer, who may recommend filing a lawsuit against your insurer.
How Can a Lawyer Help With My Hurricane Claim?
After a life-altering storm, you may be emotionally shaken and could be recovering from physical injuries. Having an attorney handle your property damage claims can relieve the stress that comes with the entire claims process. An attorney can:
- Help you gather evidence of your property damage
- File a claim on your behalf
- Communicate with your insurance carrier
- Negotiate a fair settlement
- Appeal a denial if one is given
- File a lawsuit against your insurer if necessary
Hurricane Damage Lawyer: FAQs
When Should I Hire a Hurricane Insurance Lawyer?
You can hire a hurricane insurance lawyer as soon as you experience a loss caused by a hurricane. The sooner you hire an attorney, the sooner they can begin to alleviate the burden of the claims process from you and help you secure the compensation you deserve.
How Much Does a Hiring a Hurricane Lawyer Cost?
Many attorneys operate on a contingency fee basis, which means you won’t pay unless you receive your settlement, and a portion of that settlement will pay the full attorney fee. However, it’s important to ask upfront what kind of costs you can expect, as not all attorneys operate under the same fee structure.
How Long Will It Take to Resolve My Hurricane Insurance Claim With a Lawyer?
There’s no set time frame for hurricane claims. If your claim is delayed or denied, the process will take longer. In the state of Florida, an insurer has 14 days within which to respond to your initial claim. After the initial response, they may request additional inspections, reports, or information that could cause the process to take longer. Having an attorney on your side can help you avoid unnecessary delays and fight back in the event of a denial.
A delay or denial is not the end of your claims process.
Speak to a Hurricane Damage Lawyer at Chiappetta Trial Lawyers
If you’ve been impacted by a hurricane, contact Chiappetta Trial Lawyers today. We are available to help you with your claim, no matter where you are in the claims process. We are dedicated to helping you rebuild your life. Let us take the burden of the claims process from you so that you can focus on recovering.