Hurricane season is an unavoidable reality for Florida homeowners, especially those along the coast. When disaster strikes, navigating the insurance claims process can be a homeowner’s next big challenge. While many claims are resolved smoothly, there are times when legal action becomes necessary. Knowing when to settle and when to fight can make all the difference.
When to Fight Your Insurer: Holding Them Accountable After a Storm
For residents of places like Cape Coral and Lee County, living in paradise comes with the risk of hurricanes, and sometimes, a battle with your insurance company. If you’re struggling to get fair compensation, litigation might be your strongest option.
- Unreasonable Denials. Don’t take “no” for an answer if your claim is legitimate. Insurers often use vague policy language or technicalities to deny claims. A denial doesn’t mean you’re out of options; it might just mean you need legal representation to challenge their decision.
- Illegal Delays. Florida law mandates that insurance companies act in good faith and adhere to specific timeframes for claim processing. If your insurer is stalling without justification, they could be violating state laws and your rights. Unnecessary delays can cause significant financial hardship and may be grounds for a lawsuit.
- Lowball Offers. Even when an insurer agrees to pay, the offer might be a fraction of what you need to properly repair or rebuild your home. You are not obligated to accept an unfair offer. An attorney can help you understand the true value of your damages and fight for a just settlement.
- Bad Faith Conduct. When an insurer acts deceptively, misrepresents your policy, or fails to properly investigate your claim, they may be engaging in “bad faith” conduct. In such cases, you might be entitled to damages beyond the value of your original loss. This is a serious legal claim that requires experienced counsel.
The sheer volume of hurricane claims in areas like Cape Coral can lead to backlogs and countless disputes. When insurers leave policyholders in limbo, litigation often becomes the only way to secure the relief they deserve. Choosing a trial attorney with a proven track record against major insurers is crucial. They know which law firms will go to trial and fight to win. You paid your premiums. Now it’s time to hold your insurance company accountable.
By Robson D.C. Powers, Esq.
When to Settle Your Hurricane Claim: Don’t Always Rush to Court
Not every hurricane claim warrants a lawsuit. Sometimes, a swift resolution is in your best interest.
- Minimal Damage, Maximum Headaches? If your home sustains minor damages—think $10,000 to $20,000—and avoids major structural issues like roof collapse or severe flooding, consider the trade-offs. Hurricane deductibles are often high, and the time and stress of litigation might outweigh the extra money you’d gain. Getting your home repaired quickly might be more valuable than a prolonged legal battle.
- “Right to Repair” Provisions: Discount Today, Trouble Tomorrow? Some insurance policies offer discounted premiums in exchange for a “right to repair” clause. This means your insurer gets to pick the contractors and often pays them directly. If your policy has this, your options for dispute may be limited, and litigation might not be the most effective path.
- Smooth Sailing: Signs Your Insurer is Working With You. While horror stories abound, many insurance companies genuinely try to do right by their clients. If your insurer is communicative, responsive, and actively working to resolve your claim, jumping into litigation might be premature. Open communication can often lead to a fair settlement without the need for court intervention.
Ultimately, deciding to settle your hurricane claim is a strategic choice. If the damages are manageable, your policy limits your options, or your insurer is acting in good faith, a quick and amicable resolution could save you significant time, stress, and legal fees, allowing you to focus on rebuilding your life.
By Kara B. Rogers, Esq.
Disclaimer: Nothing contained herein should be construed as legal advice. You should always consult an attorney for any legal questions. This article was originally published in the August Edition of the Cape Coral Sun and can be read in its original form at here.