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Insurance Claim FAQs: Your Top Questions Answered
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Today, we’re diving into homeowners’ top 10 insurance questions. Whether you’re dealing with property damage, denied claims, or just curious about the process, We’ll go over the answers.

Question 1: What should I do after I’ve experienced property damage?

The most important thing is making sure everyone is out of harm’s way and that the property is secure. Once it’s safe, document everything. Take comprehensive photos and videos of the damage from multiple angles, and of the cause of the damage, if possible. Make a detailed list of all damaged items, including their approximate value and receipts if you have them. This evidence is crucial when filing your claim. Also, notifying your insurance company as soon as possible to start the claim process. The sooner you report the damage, the faster your claim can be processed. Plus your policy requires prompt notice of the damage, and I’ve seen valid claims denied because people wait too long to report. It is key, however, to file your claim accurately and provide information that will only help your claim – not hurt your chances of getting paid. This is why contacting an attorney who specializes in insurance claims is helpful, we make sure you don’t say something that totally messes up your claim. We’re here to guide you through every step of the way and ensure you don’t miss any important details.

Question 2: How long do I have to file an insurance claim?

The time you have to file a claim can vary by state and policy, but generally, you should file “promptly” which means as soon as possible. Waiting too long can result in your claim being denied due to late reporting, even if the claim was valid to begin with. If you’re unsure about your claim deadlines, reach out to us, and we’ll help clarify your specific situation. It’s crucial to know your rights and obligations under your policy to avoid any pitfalls.

Question 3: What happens if my claim is denied?

Don’t panic. Denials can happen for various reasons, some of which may be incorrect or unjustified. The first step is to carefully review the denial letter from your insurance company. It should explain why your claim was denied. Gather additional documentation and evidence to support your claim and be prepared to present this information during the appeal process. You can often resolve the issue by providing more detailed information or correcting misunderstandings. If you’re still facing resistance, it’s crucial to have a professional review the nuances or legal arguments for covering your claim. Contact an attorney, like us at Premier Property Law, to help you appeal or negotiate with your insurer. We specialize in turning those denials into settlements by leveraging our expertise and experience in property claims.

Question 4: How can I make sure my claim is paid?

The key lies in thorough and accurate documentation and persistence. Provide detailed information and evidence of the damage. This includes all the photos, videos, receipts, and repair estimates you gathered initially. Maintain a record of all communications with your insurance company, noting dates and times, the names of the representatives you spoke with, and what they said. Follow your insurer’s procedures meticulously and respond promptly to any requests for additional information. Being proactive and thorough greatly improves your chances of getting your claim paid. And of course, having a knowledgeable attorney on your side can make a significant difference. Feel free to reach out to Premier Property Law for personalized assistance and to ensure that you present the strongest possible claim.

Question 5: What is the role of an insurance adjuster?

An adjuster is assigned by the insurance company to assess the damage and determine the payout amount. They’ll inspect the property, review your documentation, and estimate the repair costs. Sometimes they also decide whether the claim is paid or denied. It’s important to remember that the adjuster works for the insurance company, not for you. Their primary allegiance is to the insurer, that’s who pays their salary. It’s beneficial for you to have an independent assessment of the damage and legal representation to ensure you receive a fair settlement. At Premier Property Law, we advocate on your behalf and can provide an independent appraisal to counter any low estimates from the insurance company.

Question 6: Can I choose my own contractor for repairs?

Yes, you can choose who will work on your property. Your insurance company may suggest preferred contractors who are in their network, but you do not have to use them. It’s important to select a reputable contractor who is licensed and insured. My recommendation is that you should choose a company that has been in business for many years and has positive reviews—you can even ask the contractor for a few references to call about their work. Make sure you get everything in writing, including the scope of work and costs. Your mortgage company will want this in order to approve distributions of the insurance payment to the contractor.

Question 7: What if my insurance payout isn’t enough?

When the insurance company covers a claim, they usually make a payout that is the total value (or, what they think the damage costs), less your deductible and depreciation, if applicable. If the total claim value before the deductible and depreciation doesn’t equal your damages, you have the right to dispute it. Start by gathering evidence of the actual costs, such as detailed contractor estimates, receipts for temporary repairs, and any additional documentation that supports the higher costs. Present this information to your insurer and request a reassessment or a supplement. If they still won’t cover all your costs, consulting with an attorney is your next best step. At Premier Property Law, we have extensive experience negotiating higher settlements for our clients and can help you effectively challenge a low payout.

Question 8: Are there any types of damage typically not covered?

Yes, property insurance policies always exclude certain types of damage. Common exclusions include flood damage, earthquake damage, mold, wear and tear, and construction defects or workmanship issues. It’s important to read your policy carefully to understand what is and isn’t covered. If you live in an area prone to these excluded perils, or work has recently been done on the property, consider purchasing additional coverage or endorsements. If you’re unsure about your coverage, Premier Property Law can help review your policy and suggest the best options for you, ensuring you’re fully protected.

Question 9: How do I know if I need an attorney?

If your claim is denied, if your payout is too low, if your damages or costs are complex, it’s wise to consult an insruance claim attorney. Legal experts can navigate the nuances of insurance law and advocate on your behalf. If you’re feeling overwhelmed by the process or if your insurer is not acting in good faith, an attorney can make a significant difference. Premier Property Law specializes in insurance claims and litigation, ensuring you get the best possible outcome. We’re here to fight for your rights and help you get the compensation you’re entitled to.”

Question 10. What is the difference between actual cash value and replacement cost?

This is a common confusion in insurance policy payouts. Actual cash value (ACV) refers to the cost to replace your damaged property minus depreciation. This means the payout will reflect the current value of the item, considering its age and condition. Basically, what would it cost to replace this 10 year old roof with the same 10 year old shingles, or this 5 year old countertop with another, similar 5 year old countertop. On the other hand, replacement cost (RC) is the amount needed to replace the damaged property with a new one of similar kind and quality without deducting for depreciation. Understanding this difference can significantly impact your claim. If your policy offers ACV coverage, you might end up paying more out-of-pocket to fully replace items. Premier Property Law can help you understand your policy terms and advocate for the best coverage option in your claim.

If you have any questions or topics you’d like us to cover, please reach out to us at (954) 233-0120 or help@premproplaw.com . Watch the full video HERE!

Mediation Made Easy: Navigate Your Insurance Dispute Like a Proproperty lawyer desk with gavel and contract paper of attorney

Have you ever wondered what actually happens during an insurance claim mediation? Well, you’re in the right place. Today, we’re going to break down everything you need to know about mediation in civil insurance cases

Imagine this: You’ve filed an insurance claim, but the insurance company isn’t giving you enough money to do all the repairs. What do you do next? One effective way to resolve the issue is through mediation. But how does that work?

Mediation is a voluntary and confidential process where a neutral third party, known as the mediator, helps both parties in a dispute come to a mutual solution. Unlike a judge, the mediator doesn’t make decisions but facilitates communication and negotiation. It’s an excellent alternative to going to court, which can be time-consuming, expensive, and stressful.

Here’s a step-by-step breakdown of what to know and prepare for mediation in an insurance case:

Part 1. Pre-Mediation Preparation:

To prepare for mediation, gather all your documents, evidence, and any correspondence with the insurance company. This includes policy documents, claim forms, photographs of damage, repair estimates, and any other relevant materials. Get clear on what you want to achieve from mediation. What is the specific settlement amount or outcome you want? Understanding your bottom line and your ideal outcome is crucial. If possible, discuss your case with an insurance claim attorney to develop a strong strategy. They will help you understand the strengths and weaknesses of your case and prepare you for the types of arguments and counterarguments that might come up.

Part 2. The Mediation Session:

Present at mediation will be the insurance company representative, the insurance company attorney, the mediator, and you and your attorney. Mediation always starts with opening statements. Both you and the insurance company representative will have a chance to present your side of the story and your arguments about the claim. This isn’t a trial, so keep it concise and focused on the facts. Your attorney will handle this part, laying out your case and your position clearly and persuasively. Your attorney will also make an opening demand for money to start the meditation session. After the opening statements, most mediators will caucus the parties, meaning the mediator will meet with each party separately to explore possible solutions and understand their positions better. These private sessions allow for more candid discussions, where you can speak freely about your concerns and preferences without the other party present. Make it clear if you don’t want the mediator to tell the other side a specific fact or issue, like your bottom line or an issue that happened during the claim.

Part 3. Negotiation and Settlement:

The mediator will shuffle back-and-forth between parties, helping them move towards a middle ground. This process can take some time, as each side needs to be willing to make concessions and consider the other’s perspective. Note that mediation discussions or statements are all confidential and can’t be used later in court or trial. If an agreement is reached, it’s put in writing and signed by both parties. This becomes a legally binding contract. It’s crucial to have your attorney review this document carefully to ensure it accurately reflects the terms agreed upon and protects your interests. If the parties don’t come to an agreement, the mediator will declare an impasse.

Now, mediation can reach a successful resolution, but it’s crucial to have the right legal support on your side. That’s where we come in at Premier Property Law. Our team specializes in insurance litigation, and we have extensive experience in guiding our clients through the mediation process to ensure they get the best possible outcome.

If you have any questions about a potential insurance claim or need assistance with mediation, don’t hesitate to reach out. You can contact us at the contact information below. We’re here to help you every step of the way.

We often get questions about the mediation process, so let’s address a few common ones:

What if we don’t reach an agreement in mediation? If mediation doesn’t result in a resolution, meaning payment of the claim, you still have the option to proceed to court or further negotiate with the other party. You’re not obligated to agree to anything at mediation, but it may be worth attempting if you want to resolve the claim.

Do you need a lawyer for mediation? While it’s not mandatory, having an experienced attorney can significantly increase your chances of a favorable outcome. Your lawyer can help you understand your rights, evaluate the fairness of offers, and negotiate effectively. 

How long does mediation take? The length of mediation can vary. Some sessions may be resolved in a few hours, while more complex cases might require multiple sessions over days. Be prepared to sit in the zoom or mediator’s office for a long time.

If you have any questions or topics you’d like us to cover, please reach out to us at (954) 233-0120 or help@premproplaw.com . Watch the full video HERE!

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Resources

It’s important to understand what’s happening in your case

Our clients have access to the Litigation Success Guide™, a collection of quick, easy-to-understand videos explaining each part of the litigation process—so you always know and understand what’s happening in your case.

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If you are in need of legal assistance or guidance, we encourage you to contact us for a free case review. We are here to answer any questions you may have and provide you with the personalized attention you deserve.