When you purchase or build a home, getting insurance is a crucial step to protecting it against damage. You are also safeguarding your financial future by asking your homeowners’ insurance company to take on the burden of covering your losses. However, policyholders may need legal services from homeowners’ insurance claims attorneys when insurance providers fail to hold up their end of the contract.
At Burnett Law Firm, we understand the law around property insurance claims and how it can work to your advantage. Insurance adjusters will work to limit what you receive, which is unfair. Our homeowners’ insurance claims lawyers help you secure the compensation you expect after paying premiums every month. Contact us to schedule a free consultation and learn more today.
Bad Faith Insurance Defined
An insurance policy is a legally binding contract between you as the homeowner and the insurance company providing coverage. You must adhere to certain conditions to maintain your policy in good standing, and they must respond to your claims according to the contract terms. When the provider fails to operate in good faith, it can lead to legal action.
The insurance company knows that the claims process is confusing, and they sometimes take action to ensure it stays that way. If claimants can get paid easily, they lose profits. As a business, they are very interested in reducing or denying as many claims as possible. Even when you have a valid claim with strong evidence, they will try to stall as long as they can.
Because they know the insurance industry and their policy much better than you, they count on you being confused about your claim. When they mislead you, give you false information, omit details, or pressure you to close quickly, they could be using bad faith practices. You can hire a homeowners’ insurance claims attorney to hold them accountable.
Reasons Insurance Companies Deny Property Damage Claims
The most common reasons an insurance carrier might deny your property insurance claims are when you did not make a payment and when you waited too long to file for compensation. If you do not keep up with your premiums, you could have a lapse in insurance coverage, and damage to your home will not be eligible for a claim.
Waiting too long can also leave you without financial relief. Most policies have a one-year time limit to file any claims, but it is vital to check your specific policy.
Additional reasons your insurance carrier could deny your claim include:
Your Policy Does Not Cover the Event
A typical homeowners’ insurance policy will spell out exactly which events are included. They call the potentially damaging incidents “perils,” and you might be surprised to find that flood, earthquake, and wind events are not generally covered. Often, you must buy special policies to have protection for these, and if you do not have those protections, you cannot file for recovery.
Nearly all policies specifically exclude situations such as war, nuclear accidents, or acts of God.
You Neglected to Make Temporary Repairs
If your roof is damaged by a thunderstorm or tornado, your insurance carrier expects you to make an attempt to prevent further damage. This includes doing things like putting a tarp over holes to keep rain out or putting up temporary fencing to keep others away from hazardous conditions. If you have broken windows from a hurricane but fail to block those openings against further water damage, they may deny all your damages.
You can help your claim by not only making these repairs but also documenting them. Take photos of the initial damage and then others to show how you covered or fixed the issue temporarily. Keep receipts for any labor you hire to complete the repairs.
You Left Out Important Information
One of the most frustrating reasons a claim is denied is for insufficient information. You might overlook questions on the claim form or simply not know the answer. You might not have access to all the documents and photos you need to support your damage request. Without this kind of detail and photos to substantiate your claim, the review process will take longer.
In criminal events like burglary, having a current inventory of your belongings and recent photos can help the insurance company assess the value of your losses more quickly. You should also provide any receipts or appraisals of the items to show their worth.
You Did Not Maintain Your Property
Making a claim for damage to your vinyl siding when it is 25 years old and in bad shape will probably lead to a denial. The insurance company will often push back and say the loss is normal wear and tear or that you failed to maintain the siding appropriately. If something is just old and needs to be replaced, they will typically deny your claim.
To dispute this, you will need to provide receipts showing you have had the item in question repaired or replaced recently. As with all aspects of homeowners’ insurance policy claims, the more evidence you have, the greater your chances of getting it approved.
Your Insurance Provider Suspects Fraud
While insurance fraud is a very real problem, it is not nearly as widespread as adjusters will tell you. If they can say your claim is suspicious and fraudulent, that means one more payout they do not have to provide. Remember, they are in the business of increasing their profits, not helping you recover from loss.
Keeping backup copies of important documents, photos of valuables, receipts for repair or construction work, and being precise about your damage calculations will help your case. It is important to be as above board and honest as possible to eliminate any indication of questionable conduct on your part.
You should also carefully assess the costs of those who perform work for you. Insurance companies will expect multiple repair quotes to avoid a claimant inflating prices to get more money.
How Our Insurance Claim Lawyers Help with Homeowners’ Insurance Disputes
At Burnett Law Firm, each of our homeowners’ insurance claims lawyers has a deep understanding of insurance law and the industry. We have managed thousands of homeowner claims and can advise you on how to proceed for maximum compensation. Our attorneys will review your information and claim forms, ensuring everything is in order.
Because we know the tactics insurance adjusters use to make lowball settlement proposals, we are able to push back and supply evidence to support your claim. When you let an experienced attorney communicate on your behalf, you show them you mean business. They know we will not accept anything less than a full and fair settlement offer for you.
When carriers operate in bad faith or still refuse to honor your claim, we can help you file a complaint with the Texas Department of Insurance. In addition, we can develop a robust case and take them to court to secure the compensation you deserve. We offer tailored litigation approaches that focus on your specific circumstances, putting our skills and knowledge to work for you.
Essential Services We Provide
When you face the insurance company alone, they will use the fact you are not an expert against you. They know how to find ways to deny your claim and will use every one of them to reduce what you can receive. Using a seasoned attorney means you have access to a professional team who will provide critical support, such as:
- Reviewing the validity of your claim before you begin
- Assessing your damages
- Locating all necessary receipts, records, reports, and documents
- Documenting all losses
- Gathering photos, videos, and other evidence
- Filling out your Proof of Loss statement
- Completing and submitting paperwork
- Negotiating the settlement offer
- Appealing your claim if it is denied
- Filing a complaint and lawsuit in the event of bad faith actions
No Fees if We Do Not Settle Your Case
We realize you have financial concerns when you are already trying to get the insurance company to pay what they owe you. Instead of adding to your money woes, Burnett Law Firm offers free case evaluations so we can understand your needs and you can ask questions. Whether you move forward or not, we give you the same solid advice so you can make an informed decision.
When you hire us, we take our fees as a percentage of your settlement amount. We negotiate this amount with you before we begin, so there are no surprises. If we do not settle your case or win the lawsuit, you do not pay.
Contact the Insurance Claim Attorneys at Burnett Law Firm to Discuss Your Homeowners’ Insurance Claims
At Burnett Law Firm, our homeowners’ insurance claims lawyers are focused on three things: experience, competence, and compassion. Every case is handled as if it is the only one, and we put our skill, determination, and integrity to work for each client, no matter how large or small their claim is. Our legal team is dedicated to your full emotional and financial recovery.
Based in Houston, TX, our law firm is prepared to handle cases all over the state. We know that trust is the basis of a strong attorney-client relationship, and we work to put you at ease right away. When you are confident in our ability to manage your claim, you will have peace of mind as we diligently investigate, prepare, and negotiate your settlement.
We stand ready to help you get the most from your insurance company’s promise to cover your home when it is damaged. Schedule your free initial consultation with a homeowners’ insurance lawyer by visiting our law offices, calling us, or using our online form to contact us today.