How to Handle Denied Storm Damage Claims and What to Do Next

Posted on October 3, 2024

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Frances Badayos | author

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ICHQ | Site Author

If your home or business sustained major damage due to a storm, it is normal to feel stressed out and overwhelmed. Nationwide Mutual Insurance Company notes that “storm damage insurance claims are on the rise.” With that comes more people dealing with the headaches that come from denials. At Insurance Claim HQ, we have extensive experience representing property owners in appeals. Here, our New Orleans storm damage attorney highlights what you need to do next after major damage to your property if your claim is then denied by the insurance company.

Denied Storm Damage Claim? You Have the Right to Appeal

Did a tropical storm or any other type of major storm cause major damage to your home or your business? If you already filed for benefits from your insurance company only to have your claim denied, it is time to look deeply into the appeals process. Here is the most important thing that you need to know:

  • Your insurance company does not have the unilateral right to make the final decision on your claim. You can appeal a storm damage denial.

Four Steps to Take to Prepare an Appeal of Storm Damage Claim Denial

If your storm damage claim has been denied, remember you have the right to appeal. Insurance companies can make errors. They also tend to act in their own best interest and to try to interpret policies as narrowly as they can get away with doing. Further, some insurance companies may even deny valid claims in bad faith. Here are four steps to take to prepare yourself to appeal a storm damage claim denial in New Orleans or elsewhere in the Gulf Coast region:

  • Read, Review, and Save Your Denial Letter: The first step in challenging a storm damage claim denial is to carefully read and review your denial letter. Your insurer has a general duty to send you a written explanation of an adverse decision, including a denial. Make sure that you understand the specific reasons your claim was denied. The letter is crucial as it contains information that outlines the insurer’s decision-making process. Notably, it will often cite the policy language used to justify the denial. Preserve the denial letter. An insurance denial is an important piece of evidence.
  • Consult With a Storm Damage Appeal Lawyer: You do not have to take on the appeals process alone. If the insurance company has denied your storm damage claim, that means that it is preparing for a fight. They do not want to pay benefits. You need to hold them accountable. A top-tier New Orleans storm damage appeal lawyer will increase your chances of reversing a denial. Along with other things, your lawyer can review your policy and denial letter, advise you on the feasibility of your appeal, and develop a strategic approach. The professional expertise of an attorney allows them to advocate effectively on your behalf.
  • Gather All Relevant Evidence (Photos, Bills, Experts, etc): Evidence is key to building a strong, successful, winning appeal of a property damage denial. The more evidence that you have, the better position you will be in to get your full and fair property damage benefits. To build a strong appeal, you should compile all relevant evidence that supports your claim. Along with other things, this could include before-and-after photos of the damage, repair bills, and receipts related to temporary protective measures you’ve taken. You may also want to consider obtaining statements or reports from independent experts such as contractors, roofers, or meteorologists who can corroborate the extent and cause of the damage. Your lawyer can connect you with the right experts for your specific appeal.
  • Understand the Appeals Process: It is also useful to understand how the property insurance appeals process works. For example, you should know whether you need to bring an administrative appeal first. An administrative appeal is an internal appeal directly through the insurance company’s system. In some cases, administrative appeals are required before you can take the case to court. Knowledge of this process makes a big difference in producing successful results.

Three Mistakes to Avoid When Challenging a Denied Storm Damage Insurance Claim

Unfortunately, too many homeowners and business owners in New Orleans and elsewhere in the region make avoidable mistakes that undermine their storm damage claims. Here are three of the most common errors that you need to avoid if your claim is rejected by your insurance carrier:

  • Mistake #1 – Waiting Too Long to Take Action: Property damage insurance appeals are time-sensitive. You do not want to fall behind in the claims process. Delaying your response to a denied storm damage claim can be detrimental to your case. Insurance policies typically have strict deadlines for filing an appeal— and missing it can forfeit your right to challenge the decision. Procrastination can also lead to degraded evidence and an overall weakened claim. Quick action not only preserves your rights but can increase your odds of success.
  • Mistake #2 – Not Addressing the State Reason for Denial: An appeal should not be viewed as simply another chance to present your case. It is an opportunity to directly challenge the insurance company’s stated reasoning for denying your claim. A common oversight in appealing a storm damage claim is failing to directly address each specific reason for denial outlined in your denial letter. Insurers base their decisions on particular interpretations of your policy or the evidence submitted. It is essential to understand and rebut these points explicitly in your appeal. Provide clear, detailed evidence and arguments that counter the insurer’s reasoning.
  • Mistake #3 – Going it Alone—You Need an Attorney: One of the biggest errors that you can make as a homeowner or commercial property owner is trying to take on an insurance appeal on your own. Going through the insurance appeals without professional legal assistance will dramatically increase the risk of an unfavorable outcome. Many property owners underestimate the challenges of insurance policies and the appeal process. An experienced New Orleans property insurance appeals attorney can provide invaluable guidance—from interpreting policy jargon to handling negotiations with insurers.

How Our Attorneys Can Help With a Storm Damage Claim Denial

The denial of a storm damage claim is stressful, frustrating, and downright overwhelming. Property insurance companies must be held accountable for paying claims. These massive corporations generate tens of millions, hundreds of millions, or even billions of dollars in profit. At Insurance Claim HQ, we have a proven record of client testimonials and case results. We fight proactively for justice. Along with other things, our New Orleans storm damage attorneys are ready to:

  • Hear your story and answer questions about your rights and your options
  • Carefully investigate your storm damage denial—gathering all evidence
  • Build a strong, aggressive appeal to challenge the unfair denial of your storm damage claim

Speak to Our New Orleans Storm Damage Lawyer Today

At Insurance Claim HQ, our New Orleans homeowner’s policy attorneys have extensive experience handling complex storm damage claims. A denial can be challenged. Do you have any specific questions or concerns about handing a storm damage denied, our firm is here as a resource that you can rely on. Contact us right away for a free, no obligation review and assessment of your case. We handle storm damage claims for policyholders in New Orleans and all across the wider region.