Preserving your Hurricane Helene Insurance Claims
It is peak season in Florida for hurricanes, and we just suffered the devastating impact of Hurricane Helene, a storm of historic proportions. Coastal and inland regions from as far south as the Florida Keys, up the Gulf Coast all the way to Panama City and even further west, are all feeling the destructive impacts of this powerful Category 4 Hurricane. Interior regions near Hurricane Helene’s eyewall upon landfall and North, including but not limited to, Perry, Tallahassee, Cedar Key, Chiefland, and Steinhatchee, took the brunt of Helene’s fury, though the impact of this massive storm affected almost all of Florida, including our home town here in Tampa Bay.
Many of us are finding our homes and businesses flooded, roofs and exteriors damaged by wind and impacts from windblown debris, and water from wind-driven rain having intruded into our homes and businesses destroying our interiors and personal effects. Your number one priority in this difficult time is assuring your family, friends, and neighbors are safe and secure. Then comes the repair/restoration process, including the harrowing task of navigating the dreaded insurance claims process.
Sadly, following such disasters, some insurance companies make it difficult for homeowners and business owners to receive the full value of their insurance claims. They may deny claims that should be paid, intentionally delay payment, or underpay claims. These tactics only add to the stress and hardship you are currently experiencing. Thus, it is crucial in times like these that you do everything in your power to preserve your insurance claims, so that you can get back on your feet and back to normal as expeditiously as possible.
Our law firm, DICUS BURKE & LEWIS, PLLC Contact, is here to help the victims of Hurricane Helene navigate your insurance claim, and the many hurdles to coverage your insurance company will lay before you.
Here are some tips to assist you to preserve your insurance claims before, during, and after your Hurricane Helene claims are reported:
1. Promptly Report your Hurricane Helene Insurance Claim
Most, if not all, insurance policies in Florida, make promptly reporting your claim a pre-condition to coverage. Therefore, it is paramount that as soon as you become aware that you have damage, no matter the known extent of the damage, that you report the damage to your insurance carrier. Further, Florida Laws have changed in recent years to make it more difficult for homeowners and business owners to report insurance claims in Florida. For instance, Fla. Stat. § 627.70132 bars all new and re-opened claims that are not reported within one (1) year after the date the loss occurred. All supplemental claims must be reported within 18 months of the date the loss occurred or else those claims too are barred. For Hurricane Helene claims, this means all new claims and requests to re-open an existing claim, must be made within one year of Hurricane Helene first making landfall on September 26, 2024, or else the claim is time barred, and you will not be able to recoup the money you are owed for your loss.
For assistance reporting your Hurricane Helene insurance claims, making a supplemental claim, or requesting a previously reported claim be re-opened, contact DICUS BURKE & LEWIS, PLLC Contact, for a free evaluation of your claim, and to gain a steadfast partner who will work directly with your insurance company to recover for you the full benefits to which you are entitled under your insurance policy.
2. Make Truthful Disclosures to your Insurance Company
When you are reporting your insurance claim(s), it is necessary that you inform your carrier that your property suffered damage, and when you first observed the damage to your property. It is then your insurance company’s responsibility to investigate your claim and determine the full scope of the damage you suffered, as well as the cause, origin, and timing of the damage, and then ultimately to determine whether the damage is covered under your policy.
When reporting your claim, answer all the insurance company’s questions truthfully, and as accurately as possible. However, if you do not know the answer to a question, simply tell them you do not know. Do not attempt to guess. Insurance policies contain many exclusions to coverage, and often things you believe should be covered may not actually be covered under your policy. Therefore, it is important that you do not offer your own opinions to your insurance company as to what you believe to be the cause of the damage to your property. Often, insurance companies will use your own statements against you to avoid paying covered claims.
Allow your insurance company to complete its own investigation and determine the cause. If you disagree in any way with your insurance company’s coverage determination, or with the amount your insurance company is willing to pay, contact our firm, DICUS BURKE & LEWIS, PLLC Contact. We will hold your insurance company accountable to you, and will work to recover the full insurance benefits to which you are entitled by your insurance policy.
3. Document your Hurricane Helene Damage
It is crucial that you document damage you suffered as close in time to the loss as possible, and prior to beginning any repairs. Document your damage with your cell phone’s camera, using both photographs and video. If your home is unsafe, however, do not put yourself in a perilous situation just to document the damage. Often overlooked, and often underpaid portions of claims are claims for damage to personal property. Hopefully, before the Hurricane damaged your property, you made a video diary of your personal property. If not, and if your personal property remains in your home or business, before you haul it to the curb, take photographs and videos of the damaged personal property, including, if able, photographs of serial numbers and UPC barcodes. If you are removing flooring, including hardwood flooring, vinyl flooring or even carpeting, photograph any identifying marks on the underside of the flooring, which specifies the grade of the materials on your floor. Often insurance companies under value your insurance claim by calling for the replacement of subpar materials and flooring. Do this for your cabinetry and countertops as well. This will help you in preparing your personal property inventories that will be provided to your insurance company for coverage. When your insurance company asks for photos and videos of damaged property, provide them promptly.
If your insurance company refuses to investigate or adjust your personal property claims, or refuses to provide coverage for damaged personal property or underpays these claims, contact DICUS BURKE & LEWIS, PLLC Contact. We will hold your insurance company accountable for the full value of your insurance claims.
4. Cooperate with your Insurance Company’s Investigation of your Hurricane Helene Claim
Another pre-condition to coverage is that you reasonably cooperate with your insurance company’s investigation of your claim. This means that you must allow full access to your property for investigation and inspection as often as reasonably requested. This also means that if your insurance company requests information from you or requests documents or photographs or videos in your possession, that you provide the requested information to your insurance company. You are only required to provide copies of documents that are in your ready possession and control. Often, with catastrophes such as Hurricane Helene, much of the documentation requested of you will have been destroyed. If this is the case, inform your insurance company of the item’s destruction, so that your inability to provide the requested documentation can not be used against you to deny coverage for your claim.
Sworn Statement in Proof of Loss: Some policies require that you provide your insurance carrier a Sworn Statement in Proof of Loss within 60 days of your loss as a pre-condition to coverage, and those carriers will use your failure to provide this information as an excuse to not pay your covered claim, even if you did not know that your insurance policy required you to do this. If you require assistance understanding your insurance policy and its many requirements, and whether this is a condition to coverage in your policy, contact DICUS BURKE & LEWIS, PLLC Contact, and we will assist you, and provide a free policy review.
Your insurance company may request that you provide a “recorded statement” or an “examination under oath.” If your insurance company makes such a request, inform it that you wish to comply with the request, but request your attorney be present with you. Then, immediately contact DICUS BURKE & LEWIS, PLLC Contact, and we will prepare and assist you with this portion of the claim investigation to assure you are recovering the full value of your insurance claim.
5. Make Emergency Repairs as Needed to Prevent Further Damage
All insurance policies require that you take immediate action to save and protect your property from further damage at and after a covered loss has occurred. This means you must take reasonable steps to prevent continued damage to your home or business after the damage first occurs. Sometimes this is impossible due to the level of damage you suffered, or due to unsafe conditions at your property, or due to financial hardship. However, if there is a hole in your roof that can be tarped to prevent further water intrusion, you are obligated, under your policy, to have your roof tarped. If water intruded into your home or business, the water needs to be dried out to prevent the growth and proliferation of mold, mildew, or other harmful bacteria. It is crucial that before any emergency repairs commence, that you inform your insurance company of the emergency repairs that are going to occur, and that you document the damage and emergency repairs with photographs before, during and after the repairs, to the best of your ability. Some insurance policies limit the amounts available for emergency repairs. If you have questions regarding this coverage, contact DICUS BURKE & LEWIS, PLLC Contact, for a free policy review. Our law firm also works closely with emergency repair vendors and contractors we can put in place to ensure you remain compliant with your responsibilities under your insurance policy. At DICUS BURKE & LEWIS, PLLC, we also work hand-in-hand with the best forensic engineers to ensure your home or business is structurally sound, safe, and to ensure all the damages caused by Hurricane Helene are discovered and captured for payment by your insurance company.
6. Save Everything
Preserving Coverage for Additional Living Expenses: It is crucial that you retain all receipts and invoices, copies of checks, credit card and bank statements evidencing items purchased as a result of the storm, lease agreements for temporary housing, and emergency repair invoices and contracts signed in the aftermath of a Hurricane. Most policies offer coverage for additional living expenses. Additional living expense is the increased cost of living you incur as a direct result of the covered damage you suffered. If the storm rendered your home uninhabitable, for instance, and your policy contains coverage for additional living expenses, your insurance company must re-imburse you for all increased costs associated with finding alternative comparable housing which could even include increases in your grocery bills, restaurant bills, and utilities. Keep all these receipts in a folder and provide copies of them to your insurance carrier as the receipts come in. Many insurance companies delay paying, or completely refuse to pay for your additional living expenses. This tactic exerts extreme pressure on you to settle your insurance claims for far less than what your insurance policy covers. If your insurance company delays or refuses to pay your additional living expenses, contact our firm, DICUS BURKE & LEWIS, PLLC Contact, immediately. We hold insurance companies accountable to you for all the coverages available under your policy and will work tirelessly to recoup the full benefits to which you are entitled under your insurance policy.
Preserving Coverage for Business Interruption, and Business Income or Extra Expence: When a hurricane renders your business inoperable, or causes production/performance delays, lost product, or other financial hardship, these losses are often covered under the business interruption and/or business income or extra expense coverages in your commercial or surplus lines insurance policy. The coverages available for business interruption and business income or extra expense are limited and often very complicated. If you have any questions regarding coverages available under your policies, contact DICUS BURKE & LEWIS, PLLC Contact, immediately, for a free policy review. We work closely with forensic accountants to ensure you are recovering the full value of your covered business interruption and business income/expense claims.
7. Do Not Allow your Insurance Company to Delay Payment of your Claim
Florida Law requires insurance companies to promptly investigate and cover claims. There are several Florida Statutes governing the timeframes within which your insurance company must do certain things during your claim. For instance, Fla. Stat. § 627.70131(7)(a) provides in part as follows:
Within 60 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policy holder, the insurer shall pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer.
This statute provides that any payments by the insurance company made 60 days after the reporting of the claim, should, under certain circumstances, include payment of interest that begins to accrue from the date the insurance company received notice of the claim. Insurance companies can use your inability to provide requested documents and information within 10 days to extend the timeframe within which they must pay or deny your claim. If your insurance company refuses to comply with its statutory obligation to timely cover your Hurricane Helene claim, contact our firm, DICUS BURKE & LEWIS, PLLC Contact. We will hold your insurance company accountable to you, and will work steadfast to ensure your claims are paid timely.
8. Create a Diary or Timeline of your Insurance Claim: While there is no requirement under your insurance policy that your diary your claims process, it is extremely helpful should you require legal representation after your insurance company wrongfully denies, delays, or underpays your covered insurance claim. Therefore, create a diary, and notate every communication with your insurance company, when the communication took place, with whom you communicated, and a brief summary of what was communicated. Also, similarly notate all communications with contractors or others assisting with the repair/restoration process.
If your insurance company wrongfully denies your covered Hurricane Claim, delays payment, or underpays your claim, contact DICUS BURKE & LEWIS, PLLC Contact, and we will hold your insurance company accountable to you for the full value of your claim.
OUR FIRM’S COMMITMENT TO OUR CLIENTS
The attorneys in our law firm, Dicus Burke & Lewis, PLLC, have more than four decades of legal experience holding insurance companies accountable to their policy holders when property insurance disputes arise. Throughout the entire state of Florida, we have represented thousands of homeowners including insurance defense lawyers and state and federal judges, business owners, churches, colleges, condominiums, apartments, and resorts, and have recovered millions in insurance benefits for our clients. All of the partners in our firm represented insurance companies in the past, and we are acutely aware of the strategies and tactics your insurance company may employ to deny, delay, or devalue your Hurricane Helene claims.
When our clients are faced with catastrophe, like the catastrophe and devastation brought by Hurricane Helene, we fight tirelessly in our clients’ corner to achieve justice and fair compensation. When it comes to helping the members of our community get back to normal, no case is too big or too small.
Rebuilding your lives after Hurricane Helene, and getting back to normal is going to be a difficult, stressful, and trying process, but it is not something you have to face alone. Contact DICUS BURKE & LEWIS, PLLC, today for a free policy review and free evaluation of your Hurricane Helene Claims. LET US BE YOUR STEADFAST PARTNER GETTING YOU AND YOUR FAMILY BACK TO NORMAL. Contact
