Appealing a Homeowners Insurance Claim Denial: Attorney Tips

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If you’ve recently had a homeowner’s insurance claim denial attorney, don’t give up! Even if you do not agree with your insurance company’s decision, there are several steps you can take to get help and make things right. Read on to learn how to appeal an insurance claim denial, including helpful tips from homeowner’s insurance claim denial attorney Anthony Johnson of Johnson Law Firm in Orlando, FL.


What is an appeal?

One of the first steps homeowners take when filing an insurance claim is to appeal the denial. Appealing an insurance company’s decision is done through the Court System and there are generally two different options you have for appeals, Trial or Arbitration. A trial is much like it sounds; an independent jury listens to both sides of the case and then makes their decision as to which one they believe. In arbitration, each party has a hearing with an arbitrator who listens to both sides and then makes their decision. The arbitrators can also take up to 120 days after the hearing if they need more time. Sometimes disputes between the parties will be settled during this process. When these cases go to court, either a Judge or Jury will decide on whether or not the claim was valid.

The other major option that homeowners have is Mediation which is less formal than a trial but still holds weight in the courts system. If mediation does not work out then it goes back into arbitration where everything that was said during mediation cannot be used by either side at any point during the process again.

It is important to know your rights before settling for anything less than what you feel you deserve from your insurance company and always consult an attorney before taking action so that no detail goes overlooked!

What Should I Expect?

After receiving a homeowner’s insurance claim denial attorney, you should call your homeowners insurance company to find out why they denied the claim. The reason for the denial will be outlined in your letter. When you call, explain that you are not satisfied with their answer and would like them to provide documentation to support the denial or reimbursements for any out-of-pocket expenses that have accrued since their decision. Your company may request an itemized list of damages, receipts for all repairs, copies of cancelled checks and any other documents needed for reconsideration. You can send these materials by email, fax or mail and ask that the materials be reviewed before making a final decision on your claim. If the home’s appraised value is less than what it was before it was damaged, then there may not be enough coverage to cover the repair costs unless you add on more coverage through additional insurance policies such as windstorm and hail damage coverage.

How Do I Know If I Have a Good Case?

If the insurance company denies your claim, you should contact your homeowner’s insurance claim denial attorney to discuss what your options are. If you were not living in the home when it was damaged, it is important to have evidence of that damage at the time you moved out for them to review. The homeowners insurance claim denial application or declaration page on the first page of their policy will help them determine if you qualify for assistance.

If the disaster took place while someone else was living in the house and they weren’t supposed to be there, they can still be named on your policy as an additional insured with their name, address and phone number being noted at the bottom of the declaration page under Additional Insured’s– that is where they should be listed. They would then need to get the same documentation from their insurance company proving that they lived there during the disaster before applying for assistance. You can also take photos of any damages incurred during this period, including pictures inside and outside the house, pictures of damage caused by appliances such as kitchen stove burners or microwaves and pictures of furniture you had inside or outside. You may also want to speak with your homeowner’s insurance claim denial attorney about getting eyewitness testimony from neighbors who might have seen people coming into your property during these periods in question.

How Long Does This Process Take?

A homeowner’s insurance claim denial is an overwhelming event that can be devastating. The good news is you are not alone. And while there is no guarantee of receiving your requested amount, a homeowner’s insurance claim denial attorney may be able to help you reduce the financial burden of your loss. A homeowner’s insurance claim denial attorney will work with you to try and get your denial overturned and assist in filing any necessary lawsuits if they fail to succeed. As with most things related to the law, it’s important to have legal representation when appealing your homeowner’s insurance claim denial because doing so without one will likely prolong the process by months or even years. If you’re considering representing yourself in this situation, think again! A homeowner’s insurance claim denial attorney will be more familiar with all the nuances and pitfalls of such claims.

Should I Hire an Attorney?

If the reason for denial is not one of the reasons under consideration, then you will want to consider appealing that denial with an attorney. You have up to six months after receiving the denial letter to file an appeal. Before hiring an attorney, it is imperative that you gather as much information as possible on your claim and make sure that there was no negligence on your part in regards to the property damage or injury. Once you’ve gathered enough information and determined that an attorney may be beneficial, you’ll want to consider contacting one or two attorneys in order to see who can offer the best assistance for your case. One way to do this is by looking online at reviews from other clients and also checking out their credentials. It’s also good practice to interview the attorneys before deciding which one to hire. For example, ask how they charge fees, if they accept credit cards (this could come in handy if you’re currently unable to pay them), what their payment plans are like, how many cases they typically handle at a time, how long their average case takes to resolve (note that these are just some general guidelines). After interviewing a couple of potential lawyers, make sure you’re 100% comfortable before signing anything – both parties should feel confident with the agreement because this contract could take years!