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September 13, 2024Hurricane Property Damage? Here’s Why You Need a Lawyer to File Your Insurance Claim
September 28, 2024If you are filing a hurricane property insurance claim, understanding your rights can help protect your interests. Here are your key rights as a policyholder when dealing with property damage and insurance claims related to a hurricane:
1. Right to a Copy of Your Insurance Policy
- Policy Details: You have the right to request and review a copy of your insurance policy at any time. This will help you understand what is covered (e.g., wind, flood, structural damage) and what isn’t.
2. Right to File a Claim
- Timely Claims: You are entitled to file a claim with your insurance company for any covered damage to your property. Most policies have deadlines for submitting claims, often ranging from 30 to 90 days after the hurricane.
3. Right to Fair Treatment
- Good Faith: Your insurance company is required to act in "good faith" and deal with your claim fairly and promptly. They cannot wrongfully delay or deny your claim.
4. Right to Proper Investigation
- Damage Inspection: You have the right to have a full and proper investigation of your property’s damage by an adjuster, and to ask for a reinspection if you disagree with the results.
5. Right to Fair Compensation
- Accurate Settlement: You are entitled to receive a fair settlement that covers the full extent of damage as outlined in your policy. This includes compensation for:
- Dwelling: Repair or rebuilding costs for the structure.
- Personal Property: Damaged belongings (if included in the policy).
- Additional Living Expenses: If you are displaced due to the damage, the insurer should cover temporary housing and living costs.
6. Right to Dispute a Denial
- Appealing a Denial: If your claim is denied, you have the right to receive a written explanation. You can challenge the decision by submitting more evidence, appealing within the company, or taking legal action.
7. Right to Hire a Public Adjuster
- Independent Adjusters: You have the right to hire a public adjuster (who works independently from your insurance company) to assess the damage and negotiate the claim on your behalf.
8. Right to Legal Representation
- Hurricane Insurance Lawyer: You have the right to consult and hire an attorney, especially if you believe your insurer is acting in bad faith, delaying your payout, or underpaying your claim. An experienced lawyer can help you:
- Interpret complex insurance language.
- Negotiate settlements.
- File lawsuits if necessary.
9. Right to Timely Payouts
- Prompt Payment: Once your claim is approved, your insurer must issue payment within a certain time frame (often 30 to 60 days). Delays without proper reason may violate state laws.
10. Right to Contact Insurance Regulators
- State Department of Insurance: If you believe your insurer is acting unfairly, you have the right to file a complaint with your state’s insurance department. They oversee the conduct of insurance companies and protect consumer rights.
Additional Considerations
- Hurricane Deductibles: Many policies include a special hurricane deductible, which may be a percentage of your property’s insured value instead of a fixed amount.
- Flood Insurance: Standard homeowner’s insurance doesn’t cover flood damage. If you have flood insurance through the National Flood Insurance Program (NFIP) or a private provider, your rights and coverage may differ.
Understanding these rights is crucial to ensuring you receive the compensation you're entitled to after a hurricane. If you're facing issues with your insurance company, contacting a hurricane property insurance claim lawyer can help you navigate complex legal issues and ensure your rights are protected.