Has your home or commercial property been damaged in a hurricane that hit Baton Rouge? Has your insurer denied your claim, leaving you without the money you need to rebuild? If so, you need the lawyers at Insurance Claim HQ on your side.
When you choose ICHQ, you get a team with 25-plus years of experience in Louisiana insurance and property casualty law. Our lawyers know the tactics insurers use to get around paying out claims after policyholders suffer severe damage. We’ve recovered over $1 billion for 70,000-plus clients throughout Louisiana, the Deep South, and nationally.
At ICHQ, we have a reputation for excellence in property casualty matters, and the insurance carriers know we mean business. What sets us apart is our firsthand knowledge of what’s involved when it comes to rebuilding and recovery following a hurricane. Many of our attorneys are from or live in Louisiana and the Deep South, so we’ve witnessed and experienced what a hurricane can do to people’s homes, communities, and lives. The physical and emotional strain our neighbors feel is real, and they deserve an advocate to fight for them.
Reach out to us today for a free initial case evaluation with a caring, dedicated Baton Rouge hurricane damage lawyer. We’ll explain how our firm can guide you through the insurance claims process and advocate for your right to fair and full compensation for your property damage after a devastating hurricane.
How a Baton Rouge Hurricane Damage Insurance Claim Lawyer Can Help with Your Case
The aftermath of a hurricane is a challenging time, and you’re probably more worried about where your family will sleep and how they will eat than you are about filling out paperwork and calling up your insurance carrier. However, if you do not take these crucial steps, you may not have the financial resources you need to repair your home and return to everyday life.
A Baton Rouge hurricane damage insurance attorney from ICHQ can help you pursue your insurance claim, including should your insurer delay or deny full payment for your loss. Let our firm advocate for your rights and interests by:
- Investigating your case to help you recover the information and documents you need for your insurance claim
- Reviewing your insurance policy to help you understand your available coverage, including applicable deductibles and coverage exclusions
- Preparing your proof of loss to file with your insurer
- Communicating with insurance adjusters to take the stress of the claims process off your shoulders as you recover from the hurricane
- Helping you understand the reasons for the insurance company’s initial denial of your claim and appealing that decision, if applicable
- Filing bad faith lawsuits on your behalf to hold insurers accountable for arbitrarily or wrongfully denying the critical financial compensation you need
- Never charging you anything unless we recover money on your hurricane insurance claim
What Does a Hurricane Insurance Policy Typically Cover?
Although insurance companies do not sell specific “hurricane insurance” policies, damage caused by hurricanes may fall under various property damage insurance policies. Many homeowners’ insurance policies cover damage to a residential property, the house on the property, and personal property inside the house damaged by a hurricane. These include:
- Roofing
- Windows
- Structure/foundation
- Water and flood damage
- Appliances
- Electronics
- Furniture
- Clothing
However, some policies may expressly exclude damage caused by hurricane winds, requiring a homeowner to purchase separate wind insurance. Furthermore, homeowners’ policies typically do not cover damage caused by flood waters, including backups of storm drains or sewers. Instead, property owners must purchase separate flood insurance to obtain coverage for floodwater damage to the structure or personal property inside the structure.
What Are the Possible Exceptions in a Hurricane Insurance Policy?
Homeowners, wind, and flood insurance policies may contain various exclusions that preclude coverage for various hurricane damage claims. For example, homeowners’ policies routinely exclude flood damage and may exclude hurricane wind damage in Louisiana.
Homeowners’, wind or flood policies may also include deductibles that require property owners to cover a minimum amount of damage. For example, a deductible may require a property owner to incur at least $10,000 in losses before the insurance company will pay, with the property owner responsible for that first $10,000 in losses. Policies may apply higher deductibles for damage caused by a hurricane.
Does Hurricane Insurance Cover Flood Damage?
Homeowners’ insurance typically does not cover flood damage, including floods caused by excessive rain that causes lakes and rivers to overflow, storm surge, or backups of storm drains and sewers. Instead, property owners must purchase separate flood insurance to cover damage caused by floods triggered by hurricanes. This includes structural damage, water damage within structures, and damaged personal property.
How Could Insurance Companies Act in Bad Faith in My Hurricane Damage Claim?
Under Louisiana’s good faith duty statute, an insurer has an obligation to adjust claims promptly and fairly and make reasonable efforts to settle property damage claims. An insurer who acts in bad faith in denying a hurricane claim may face financial liability to a property owner.
The law recognizes various types of conduct that may constitute bad faith by an insurer, such as the following:
- Misrepresenting relevant facts or insurance policy provisions
- Failing to pay a settlement within 30 days after reaching a written agreement with a claimant
- Denying coverage or attempting to settle a claim based on an application the insurer knows was altered without notice to or without the knowledge or consent of the insured
- Misleading claimants about the applicable prescriptive period
- Arbitrarily or capriciously failing to pay claims after receiving satisfactory proof of loss
When you contact ICHQ, a hurricane damage lawyer in Baton Rouge can assess whether your matter would constitute bad faith and explain your legal options.
What Legal Rights Do I Have as an Insurance Policyholder in Baton Rouge?
As a property insurance policyholder, state law gives you the right to have your hurricane damage claim handled promptly and fairly by your insurer. Insurers must pay any claim due within 30 days of receiving satisfactory proof of loss from an insured. Alternatively, insurers have 30 days to make a written offer to settle a property damage claim after receiving satisfactory proof of loss.
How Much Time Does My Insurance Company Have to Respond After a Hurricane?
Louisiana law states that insurance carriers are required to respond within 14 days of receiving your hurricane damage claim. In catastrophic cases, the insurers must respond within 30 days. (Note that even in these circumstances, official disaster declarations could allow insurance companies an additional 30 days to respond.) During this time, your carrier should investigate your claim and provide an acknowledgment of receipt. They must notify you promptly if they require additional documentation or information.
If you encounter a lack of communication or delays, reach out to a Baton Rouge hurricane damage lawyer at ICHQ for guidance.
How Long Do I Have to File a Hurricane Damage Claim in Louisiana?
In Louisiana, you generally have 180 days from the last day of the officially declared state of emergency in which to file your hurricane damage claim. If you miss this deadline, you may lose your right to seek compensation. It’s crucial to document the damage as soon as possible and begin the claims process promptly. A Baton Rouge hurricane damage attorney from ICHQ can help you stay within this timeframe and protect your rights.
Should your insurer deny your claim in bad faith, Louisiana’s statute of limitations typically gives you 10 years to file a hurricane claim lawsuit. However, insurance policies can set a shorter deadline for such claims. You can best protect your rights to pursue a bad faith insurance claim by talking to a hurricane lawyer from ICHQ as soon as possible to determine how long you have to file.
What Are Best Practices for Filing a Hurricane Insurance Claim?
If you’re planning to file a property damage claim with your homeowners’ or commercial property insurance policy, there are several best practices to follow that can give you the best chance of approval. The following are some key tips for filing hurricane insurance claims:
- Take photographs of the damage your property sustained in the hurricane.
- Make temporary repairs to your property to prevent further damage from rain, wind, or vandalism, such as boarding windows or doors or covering damaged sections of the roof with plastic tarps.
- List all damaged property inside your property, such as furniture, electronics, and appliances. Gather receipts or invoices for any damaged personal property inside your home.
- Review your homeowner’s, wind, and/or flood insurance policies to understand your coverage, including policy exclusions and deductibles, and confirm the claim filing deadlines.
- Keep track of additional living expenses you incur if you need to leave your home, such as hotel bills and restaurant receipts.
- Obtain independent repair estimates from contractors or appraisals from independent adjusters to help you evaluate the fairness of the insurance company’s offer.
Finally, contact ICHQ as soon as possible. A hurricane damage attorney in Baton Rouge can explain your rights and help you pursue the compensation you need after a catastrophic storm.
What Does Proof of Loss Mean?
A “proof of loss” refers to the legal document filed by a property owner when they file a damage claim within their insurance company. The document, signed under oath, provides basic information about the owner’s claim, including the nature of the damage and cause(s) and the amount of money the owner seeks for compensation.
Most insurance policies require insureds to file their proof of loss within a specific time after an event that damages their property, such as a hurricane. Failing to file timely proof of loss may give an insurance company grounds to deny a hurricane damage claim.
Contact a Baton Rouge Hurricane Damage Insurance Claim Lawyer Today
Was your home or business damaged in a hurricane? Did your insurer deny your hurricane claim? At ICHQ, a compassionate and knowledgeable Baton Rouge hurricane damage attorney can discuss your legal options for seeking the financial resources you need.
Don’t wait to get the money you need to repair your home or property and put your life back together after a devastating hurricane. Get the legal advice and advocacy you need to pursue the compensation and benefits you deserve. Contact ICHQ today for a free, no-obligation consultation.