09/27/2022
We hope that you and your family are safe and prepared as Hurricane Ian rapidly approaches. As you may be aware, our firm has extensive experience assisting clients with property damage insurance claims (homes, condominiums, commercial buildings, etc.), so we wanted to share some helpful advice with you that could help when dealing with your insurance company after the storm. We also suggest that you share this post with your friends and family as they may find this information helpful.
Before the storm:
• Take pictures of your home both before and after you have done your storm preparations. This includes the interior, exterior, roof, and contents (including model #'s and receipts you may still have). One thing we learned from handling Hurricane Wilma, Hurricane Irma, and various other claims is that windows and doors might not show significant damage at first, but still allow small amounts water to enter into the home. Please make sure to take extra pictures of these openings as you may be required to install hurricane impact windows and doors if old windows are damaged. Insurance companies will often claim damages were preexisting and use this as a basis to deny or underpay a claim. By having pictures of your home you have created a record of the condition your home.
• Please make sure to put up all wind protection devices for your home (shutters, panels, etc.). These devices do more than just minimize the damage your home may suffer, they have likely also resulted in you receiving a discount from your insurance company. In exchange for this discount you are likely required to put them on your home or you may have your hurricane claim denied or reduced.
• Have all of your insurance documents ready for after the storm. Specifically, you should have the current insurance policy in a safe place. You should also save the information on your phone in case something happens to the paper copies. If you do not have a copy of your insurance policy then contact your insurance agent as soon as possible to obtain a copy of the policy or its declarations pages. If your agent is unable to provide this then ask him to provide the name of your insurance company and the phone number needed to report the claim.
After the storm:
• Report the claim as soon as possible. This will do more than help you get paid quicker for your claim. Insurance companies will often allege that their customers have delayed in reporting their claim and use this as a basis to deny it. We have a case where the insurance company is claiming that a loss reported three (3) days after the loss occurred was late reporting. It is important that you report damage even if you, or your agent, do not feel that there is enough damage to meet your hurricane deductible. One of the biggest mistakes we saw after Hurricane Wilma was that people did not report a claim for this reason and then had a difficult time with the insurance company because the hidden damages they reported later were worse than they originally saw or believed.
• You should also take steps to protect the property from further damage. Your policy will require that you do this to minimize the amount of repairs necessary for your home. This will include things like placing a tarp on the roof, covering any damaged windows and doors, drying any water within the home (including in the walls or ceiling), etc. We are familiar with many companies that provide these services and will happily provide you with their information if you need it.
• One of the biggest mistakes we see in these insurance claims is the failure to comply with the insurance policy’s post-loss obligations. Failure to comply with these obligations could result in the denial of an insurance claim. These obligations include, but are not limited to, reporting the loss as soon as possible, providing a recorded statement, protecting the property from further damage, providing documents requested by the insurance company, keeping all receipts for expenses associated with the damage or alternative living arrangements if all or part the home was unlivable, providing a sworn statement in proof of loss, and submitting to an Examination Under Oath.
As you can see, there are many things you need to be aware of when reporting and handling insurance claims. Please note that the above information is general in nature and your individual circumstances may require more attention. Please do not hesitate to contact us if you would like assistance making sure that your claim is handled correctly and that the insurance company fully compensates you for all your damages and expenses.
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