Property Damage Claims: What to Know, What to Do and What to Expect

A. Benefits vary by policy and very often by industry. For example, hotels and health care organizations often have special provisions in their policies for pandemics. Here are some of the losses you can claim. Working with your business advisors, the attorneys at Insurance Litigation Group may find others:

• Lost business income
• Employee salaries
• Lease payments or, if a property owner, lost rental income
• Loan payments
• Expenses of operating from a temporary location and advertising announcing the move location.
• Inventory losses
• Supplier payments
• Taxes and utilities

A. The first thing you should do is take an inventory of your home. Make a list of any damage to your house and personal property. Note which parts of your property were damaged. Do the same for your valuables, for example, electronics, vehicles, major appliances, and furniture. Taking pictures or video is a great idea. Having a visual record will help your claim. If you are able to locate receipts for any of these items, do so at this time. Also keep all receipts for any extra living expenses incurred. Or any emergency repairs made. 

DO NOT DISCARD ANY DAMAGED PORTION OF THE HOUSE BEFORE THE INSURANCE COMPANY HAS HAD A CHANCE TO INSPECT IT. 

A. In the State of Florida most if not all homeowner’s insurance policies will have some sort of deducible. The deductible is a dollar amount that you are responsible to pay before the insurance company will pay you anything on your claim. For example, if your home suffers roof damage in the amount of $25,000.00 and your policy has a $3,000.00 deductible; then your insurance carrier should pay you $22,000.00. 

Hurricane deductibles are a percentage of the total policy Coverage “A” limit. This coverage “A” number is generally found on your Insurance Policy Declaration Page (Dec Page). Example: If your Coverage “A” Limit is $200,000 and your Deductible Percentage is 2%, your deductible Amount: $4,000 (out of pocket expense on the claim). 

A. The retainer packet is a document that outlines the fees and cost (if any) of the services ILG will provide in the scope of our representation. To expedite your claim. this Packet also gives us the authorization to contact your insurance company and mortgage company (if applicable), on your behalf, regarding your claim on your behalf.

A. The Property Claim Team at ILG, will prepare its own independent estimate and submit that estimate to your insurance company. Your insurance company will also send someone out to do their own estimate of the loss. If the amounts or items on both estimates are not the same, then an attempt will be made to resolve the estimation of the damage without legal action. Most disputes in the insurance context are over the value of the property damage. Therefore, it is imperative to have a team like ILG advocate and fight for your rights! The insurance companies have experts and attorneys on their side – you should too! 

A. Under Florida law, the insurance carriers must acknowledge and act upon communications with respect to claims within 14 calendar days. They must begin their investigation within 10 working days of receipt of proof of loss statements and they must provide a written statement confirming that the claim is being investigated and must affirm or deny coverage within 30 days after receiving proof of loss. The claim — or undisputed portion of the claim — must be paid within 90 days. 

After a hurricane or other natural disaster, based on our experience with Hurricanes Katrina, Wilma; Irma & Michael, it took many months to years for many property owners to receive payouts. Partly because there were too few adjusters with the needed expertise and the insurance companies were simply not prepared to handle the volume of claims. At the Insurance Litigation Group, our goal is it keeps the pressure on the insurance company to send an adjuster as soon as possible so that a determination can be made regarding your damage. 

In a perfect world, your insurance company will make a fair offer. But often, this simply is not the case. If you feel you are being low-balled or mistreated by your insurance company, the Property Claim Attorneys at ILG will negotiate for a more favorable settlement, and when necessary, file a lawsuit against the insurance company on your behalf to pressure the insurance company to increase the settlement amount that you are owed.  

A. If your claim is denied or even partially denied, we will investigate the reason for denial. If our experienced and aggressive Property Claim Attorneys discover that the insurance company wrongfully denied or underpaid your claim, our attorneys will advocate forcibly on your behalf and litigate as necessary, all the way through trial, to see that you get the benefits you are entitled to.  

A. If your claim is underpaid or partially paid, our aggressive and experienced attorneys will fight on your behalf to get you paid what the insurance company really owes you. 

A. If the check the insurance company issues is insufficient and your claim is underpaid, do not sign the insurance companies Release. The ILG team will determine if there are outstanding items or supplemental claims to be filed & will continue to fight on your behalf in an effort to get you paid what the insurance company really owes you. 

A. NO! Once you sign your release, you waive any and all future payments from the insurance company, regardless of what would have been covered, because you are signing a release. So, you should never sign a release on a homeowners’ insurance claim, unless you have an attorney first review and approve the Release. The Property Claims attorneys at Insurance Litigation Group are very familiar at looking at Homeowners insurance policies and payments and releases. We’ll be able to review it with you and let you know that this is something you should sign, or if it is not in your best interest and if you should litigate the issue. 

A. YES!!! The insurance company has their experts & attorneys. You, too, should be represented by experienced Property Claim Attorneys from the Insurance Litigation Group. Our diverse multi-lingual team consisting of attorneys, loss assessment specialists, paralegals, legal assistants, Client Satisfaction Champions as well as former public adjusters, have all the legal means and tools at their disposal to pressure the insurance company, including engaging in litigation and going to trial, as necessary. Public adjusters are fully aware of what they can and cannot do, and when they are unable to achieve what they know to be a full and fair resolution, they will refer the insurance claim to us. Our experienced litigation team does not take “no” for an answer. We have recovered millions for our clients. Let us help you recover what you are owed under your policy.  

With one call to ILG, you will receive a no-charge policy and claim review and inspection of your damage. Do not worry! Our experienced property claims attorneys are on your side throughout the entire process, committed to giving you the peace of mind you deserve.