Homeowners Insurance Claims

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Homeowners Insurance Claims

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Client Results

Homeowners Insurance Claims

Homeowners insurance coverage is intended to provide individuals with protection and financial support in the event of unexpected circumstances or losses. If you’re facing difficulties in navigating your insurance claim, our committed team of local, legal professionals stands ready to champion your cause. We have successfully represented numerous clients in disputes related to homeowners insurance claims, ensuring that local policyholders are neither marginalized nor neglected by insurance companies who fail to hold up their end of the contract.

Together, Mike, Jason, and Rachel recovered more than $15 million for residents and business owners from their insurance carriers for Hurricane Recovery.

Protecting Local Policyholders

We all expect our insurance to be there when we need it. Unfortunately, in South Louisiana, we know that’s not always the case. Our local attorneys have experience fighting for individuals who have been denied or received grossly undervalued settlements after years of maintaining their policies. We specialize in first-party insurance claims, including homeowners insurance claims and uninsured/underinsured motorist claims, to take on the big insurance companies to fight for your rights.

How Can We Help You?

At SWLA Injury Attorneys, we’re here to simplify insurance disputes for you. Our seasoned team of local litigators will help to make sure you fully understand your policy and where you stand with your insurance claim. Whether it’s streamlining paperwork, negotiating fair settlements, or representing you fiercely in court, we’re dedicated every step of the way. With SWLA by your side, you can rest assured that your interests are protected, translating insurance promises into tangible solutions and allowing you to focus on recovery and peace of mind.

Looking Beyond The Fine Print

Insurance documents are often a maze of intricate clauses, stipulations, and indecipherable jargon. At SWLA Injury Attorneys, we believe that justice shouldn’t be hidden in the small print. We take a deep dive into your policies, breaking down the complexities and translating them into clear, actionable insights for you. Our team’s expertise ensures that no detail is overlooked and that your rights are not buried under layers of contractual verbiage. By looking beyond the fine print, we uncover the true framework of your policy and position you to claim what’s rightfully yours.

Homeowners Insurance FAQs

What is considered “first-party insurance”?

First-party insurance refers to a policy where the insured, or the policyholder, is directly covered for losses or damages they incur. In these arrangements, the insurance company compensates the policyholder directly, and owes the policyholder a duty of good faith and fair dealing.

Common examples include homeowners insurance, where the property owner is reimbursed for damages to their property caused by events like fires or natural disasters, or uninsured motorist insurance, where the individual is compensated for damages caused by someone who is uninsured or underinsured for your damages. Essentially, first-party insurance is designed to protect the insured’s own interests and assets, ensuring swift compensation.

What types of property damage are typically covered under a homeowners policy?

A standard homeowners policy typically offers protection against a range of potential risks and damages to a property. Commonly covered perils include fire, lightning, windstorms, hail, explosions, and theft. Some policies also provide coverage for damages resulting from vandalism, riots, aircraft, and vehicles unintentionally causing harm to the property.

Additionally, homeowners insurance might cover damage from internal incidents such as bursting of pipes or overflow of water from plumbing. Most standard policies exclude certain types of damages, such as those resulting from floods, earthquakes, or routine wear and tear. Given the variations and specifics of individual insurance contracts, it’s always advisable for homeowners to thoroughly review their policy or consult with a professional to understand the full extent of their coverage.

What is a deductible?

A deductible is the amount a policyholder must pay out-of-pocket before their insurance coverage kicks in and covers the remainder of the costs for a claim. It is essentially a form of cost-sharing between the insured and the insurance company. Deductibles can be structured as a specific dollar amount or a percentage of the total claim amount.

For example, if a homeowner has a $1,000 deductible and incurs $5,000 in damages, the policyholder will pay the first $1,000 and the insurance company will cover the remaining $4,000.

What if my homeowners insurance claim is denied?

Insurance companies may deny claims for various reasons, including perceived discrepancies in your claim, policy exclusions, or lapses in your insurance coverage. You should obtain a written explanation for the denial from the insurance company, which may provide some clarity on their specific reason(s) for the decision. Armed with this information, review your insurance policy in detail to understand if the denial aligns with the policy’s terms.

If you believe the claim was wrongly denied or if the language in the policy is ambiguous, you may need to consult with a lawyer. An experienced homeowners insurance claim attorney can guide you in understanding your rights, potentially challenging the denial, and navigating the appeal process. Your attorney can help to gather additional evidence and negotiate with the insurance company to seek a favorable resolution.

Remember, a denial isn’t the end of the road. With the right approach and support, we can advocate for a fair review and potential compensation on your behalf.

Hurricane + Severe Weather FAQs

What should I do immediately after a hurricane damages my property?

After ensuring your safety, it’s important to document the damage thoroughly. This evidence will be crucial if you need to pursue legal action against your insurance company. Contact an attorney to understand your rights and the best steps to take to protect your legal interests during the claims process.

Does my homeowners insurance cover hurricane damage?

While most policies cover wind damage, legal issues can arise if your insurance company disputes whether the damage was caused by wind, flooding, or age. An attorney can help clarify your policy’s coverage and advise you on how to proceed if your claim is wrongfully denied.

What is the difference between wind and flood damage in insurance claims?
Legally, the distinction between wind and flood damage can impact your claim significantly. If your insurance company attempts to attribute the damage to an uncovered peril, like flooding, an attorney can help challenge this and ensure you receive the compensation you’re entitled to.
How do I file a homeowners insurance claim after a hurricane?
Filing a claim is the first step. Most insurers have a claim reporting process available through telephone, email, or an online portal. The purpose is to put the insurer on notice that your property sustained damage from a storm event. Legal representation can be crucial if your claim becomes contentious. An attorney can assist you in navigating the claims process, ensuring that all legal requirements are met and that your rights are protected.
What documents should I prepare when filing a hurricane damage claim?
Gather all evidence of damage, your insurance policy, and any correspondence with your insurer. If you encounter resistance from your insurance company, an attorney can use this documentation to build a strong case on your behalf.
Will my insurance rates increase after I file a hurricane damage claim?
While this is typically a concern handled by the insurance company, from a legal standpoint, if you believe your insurer is unfairly penalizing you, an attorney can help you understand your rights and explore potential legal remedies.
How long does it take for an insurance company to process a hurricane claim?
Louisiana law outlines the time frames during which an insurance company must act to investigate and pay a claim. If your insurance company is delaying the processing of your claim, it may be acting in bad faith. An attorney can intervene to expedite the process and hold the insurance company accountable for any unnecessary delays.
What should I do if my insurance company denies my hurricane claim?
A denial doesn’t have to be the final word. An attorney can review the denial, help you appeal the decision, and take legal action if necessary to ensure you receive fair compensation for your damages.
Can I hire a public adjuster to help with my hurricane damage claim?
Yes, but while public adjusters can assist with the claims process, they are not a substitute for legal advice. If you’re facing significant resistance from your insurance company, consulting with an attorney may provide you with a stronger advocate who can take legal action if needed.
What is a hurricane deductible, and how does it work?
The deductible is the portion of the loss you must pay (or that the insurer is credited). Understanding your deductible is important, but disputes over how deductibles are applied can arise. An attorney can help if your insurance company is misapplying or misinterpreting the terms of your policy to reduce your payout.
Does my policy cover additional living expenses if my home is uninhabitable after a hurricane?
Most homeowner’s policies do cover additional living expenses. You can find this information on the Declarations Page of your policy. If your insurer denies coverage for additional living expenses, you may need legal assistance to enforce your policy’s provisions. An attorney can help ensure that you are fully compensated for all covered losses.
What if the cost of repairs exceeds my insurance coverage?
If your property has sustained a total loss, your policy may have special provisions that allow you to recover additional funds. It is important to review issues regarding being underinsured with an attorney, who can help explore other avenues of compensation, such as pursuing claims against responsible third parties or exploring additional legal options.
Can I claim for mold damage caused by a hurricane?
Mold claims can be contentious, with insurers often disputing coverage. If mold is caused by a covered cause of loss, your insurer may be responsible for all related mold damage. An attorney can help you challenge these disputes and ensure that all legitimate claims are paid.
What should I do if I disagree with the insurance adjuster’s estimate of damage?
Disagreements with adjusters can often require legal intervention. An attorney can negotiate on your behalf or take legal action if necessary to ensure a fair and accurate assessment of your damages.
Can I file a claim for hurricane damage to my car if it was parked at home?
Legal considerations can arise if your auto insurance denies coverage. An attorney can help you understand your rights and pursue compensation under the appropriate policy.
Is there a deadline for filing a homeowners insurance claim after a hurricane?
Missing the deadline could jeopardize your claim, but legal exceptions may apply. An attorney can help you understand the statute of limitations and any possible legal arguments for extending it.
How can I ensure I receive a fair settlement from my insurance company?
Legal representation is often the best way to ensure a fair settlement. An attorney can negotiate with your insurer and, if necessary, take your case to court to ensure you receive the compensation you deserve.
What happens if I miss the deadline for filing a hurricane damage claim?
Missing a deadline doesn’t necessarily mean you’ve lost all recourse. An attorney can assess whether you have grounds to file a late claim based on legal exceptions or other mitigating factors.
Can I sue my insurance company if they underpay or deny my hurricane damage claim?
Yes, you can sue your insurance company for underpayment or denial of a valid claim. An attorney can assess your case, advise you on your legal options, and represent you in court if necessary to ensure you receive fair compensation.