Denied Insurance Claims In Florida
“I had a dispute related to my home and was referred to Herman & Wells. Warren Duffy was the attorney who handled my case. Warren is one who stays on top of things and communicated with me on what was happening and explained the next steps through the process. He was accurate on every step of the process. I found the overall experience to be handled very professionally from the ease of getting stated to the final closeout and picking up my settlement check. I can highly recommend Herman & Wells and Warren Duffy and I would hire them again without any reservations.”
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WHAT HAPPENED?
Filing an insurance claim after a car accident or some other form of property damage should be a simple process in Florida right? Like far too many things in life, this process can become quite complicated, especially if you’re dealing with an expensive claim. If your provider denies your insurance claim in Florida, this doesn’t mean you won’t receive compensation. When dealing with denied insurance claims in Florida, it is very important to have a working knowledge of your rights and options. Insurance providers can employ several tactics to avoid paying claims.
For example, insurance adjusters can deny accident claims for any of the following reasons:
- The other driver did not report the accident
- Liability disputes following the collision (common in accidents involving multiple cars)
- The person driving the car wasn’t listed on the active auto insurance policy
THE CLIFF NOTES
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THE CLIFF NOTES
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
- Experienced Legal Support: Our law firm specializes in assisting Florida policyholders with denied insurance claims, which should not be confused with closed insurance claims that we also handle.
- Expertise in Denied Claims: We’ll help you understand common denial reasons, like insufficient coverage or filing errors, and discuss important time limits, such as the four-year window to file a homeowners insurance claim in Florida from the incident date, along with potential actions to take.
- Successful Case Examples: Our insurance dispute lawyers have a proven history of achieving successful results, including securing a recovery of $294,000 from Citizens Insurance following a trial that lasted a week.
- Denied Homeowner’s Insurance: We’ll examine your insurance policy and the denied claim, and then counsel you on the possibility of pursuing legal action against your insurance company if they have acted in bad faith.
- Denied Car Insurance: Your claim will be re-evaluated internally by another adjuster, who will send you a decision. If denied again, consult our car accident attorneys to explore legal options for potential compensation.
- Client-Centric Approach: Our lawyers work on a contingency basis and guide clients through the entire claim process, including litigation if necessary.
- Free Claim Review: Policyholders can contact Herman & Wells to book a free claim review with one of our experienced Florida insurance dispute lawyers.
WHY CONTACT AN EXPERIENCED INSURANCE DISPUTE LAWYER
If you feel your valid insurance claim was unjustly denied, then you should consider contacting an insurance dispute lawyer in Florida. Timing often plays a critical role when it comes to successfully disputing the decision your insurance provider made and our law firm offers a free initial consultation. This means you literally only lose if you choose not to take any action.
By scheduling a case review with one of the insurance dispute lawyers at Herman & Wells, you get the opportunity to share the details of the case and we can determine if this is a situation where we can help you. If our attorney determines we won’t be able to take on your case, you’ll get peace of mind without having to pay another fee. If we can help, you’ll have the opportunity to hire an experienced insurance dispute attorney that is ready to go to trial if necessary in order to get you the compensation you are owed from your provider.
COMMON REASONS INSURANCE ADJUSTERS DENY PROPERTY DAMAGE CLAIMS IN FLORIDA
Homeowners’ insurance claims in Pinellas are routinely denied, what are some of the most common reasons? Let’s take a look at 10 reasons:
1) Your Policy Doesn’t Cover The Damage
Make sure you read your policy carefully before filing a claim. Your insurance policy may not cover certain types of damages, such as flooding or earthquake damage. Normal wear and tear and damage caused by pests may also not be covered. Nevertheless, if your policy covers you for damages, and your claims are still being denied, you might be able to fight back. Confused about your policy? You’re not alone. We can review your policy and tell you whether you are being wrongfully denied a claim.
2) Too Long Has Passed Since You Filed Your Claim
Your claim may only be eligible for a limited number of days. Reporting damage too late may result in your claim being denied. Sometimes, however, natural disasters can cause delays or may impede your ability to make a claim in a timely manner. If you exceed the time allowed in the policy, there is usually no discernible prejudice to the insurance company, and substantial compliance may be enough. The statute of limitations for filing a lawsuit in an insurance dispute in Florida is typically five years from the date of the loss. Claims related to hurricanes can be required to be reported within two years of the event. It is possible to have damage but not have discovered it until much later. That does not necessarily mean the damage is not covered.
3) The Damage Is Not More Than The Deductible
Before your coverage begins, you must pay out of pocket a deductible. You will have to pay for the damages out of pocket if your damage is less than your deductible.
4) There Was A Payment Missed On Your Policy
Your coverage can lapse if you miss a payment or are late on a payment. It is possible for your insurance company to deny your claim if this happens and your home is damaged. Sometimes, companies may not have posted a payment properly or someone’s records may be incorrect. In other cases, there is a period of time to make up for the missed payment.
5) A Change In Circumstances Wasn’t Reported To The Insurance Company
Did you buy a new home or move to a new apartment? Your insurer may refuse to cover you in the event of a change in circumstances.
6) Insufficient Information Was Provided About The Damages
In order to process your claim, the insurance adjuster will need all the information possible. It may be your responsibility to provide your insurance company with any items they ask for if they send an adjuster out to assess the damage. Your claim could be denied if you fail to provide the requested items.
7) You Made A Mistake In Your Claim
There are safeguards in place to protect insurance companies from fraud. Incorrect information on a claim form may trigger an investigation. Take steps to correct any errors and make sure everything is done right the first time. You cannot claim damages that were paid for in a prior claim that was never fixed or replaced, nor can you claim areas of your home not related to the current loss. It is important that when you make a claim you don’t misrepresent anything, even if you are trying to get everything fixed. If you do so, your insurance company might reject your entire claim.
8) Additional Damage Was Not Mitigated By You
While you wait for the contractors to fix the damage, you must protect your home from further damage. Your insurance company might deny your claim if you later list water damage because you left the roof without a tarp for two weeks. Do whatever you can to avoid any further damage. You might have to repair your window before your insurance comes through, or you might need to put a tarp over your roof while you wait for contractors to repair the damage. Make sure you act reasonably and protect your home as much as possible. Having water damage in your home or business requires prompt drying out to prevent much bigger problems, such as widespread mold.
9) There Was A Mistake On The Part Of Your Insurance Company
It’s not uncommon for insurers to make mistakes. Consider speaking to an insurance dispute attorney if you believe your homeowner’s insurance claim was wrongfully denied or closed and you cannot resolve the issue with the company or the insurer.
10) You Are Being Treated Unfairly By Your Insurance Company
Sometimes insurance companies ignore their responsibilities towards their clients in favor of their bottom lines. We find that this happens far too frequently. Your insurance company may have certain rights under the law if it is taking too long to resolve your claim.
IMPORTANT TIME LIMITS THAT IMPACT FLORIDA HOMEOWNER INSURANCE CLAIMS
You have four years from the date of the incident to file a homeowners insurance claim in Florida. If you file a claim as soon as possible, you will preserve evidence and have a better chance of securing a settlement, so do not wait any longer than necessary.