When you file a claim for a loss, your insurance provider will often require that you complete a document called a Proof of Loss form. This document details the damages that you intend to claim. It is usually one page long, though sometimes it may come with attachments. On the form, you will need to provide specific information that the insurance provider asks you to provide, including the time and date that the loss occurred, the type of loss, your policy limits, and what damages you are seeking. Some Proof of Loss forms may allow, or even require, you to provide any damage estimates to support your claim. You will need to fill out the form completely, get it notarized, and send it back to the company within the deadline your insurance company provides. Usually, you must complete it within 60 days. How to Fill Out Your Proof of Loss Form First, you will need a copy of your insurance policy. Your policy will tell you what you must include in your Proof of Loss, however, in most instances, it will require the following: Your coverage amounts at the time of the loss The date the loss occurred The cause …
Bad Faith Claim in Florida: How Can I Pursue Legal Action?
When you have a policy with an insurance company and you file a claim, you expect them to keep their end of the bargain. In fact, it’s a violation of Florida state law for an insurance company to deny coverage without cause. The insurance company is supposed to act in good faith with its policyholders. Yet bad faith insurance practices still occur all the time. What happens if you are the victim of an insurance provider’s bad faith practices? One option that you have is to file a bad faith claim in Florida so that you stand a chance to see the money that you are owed. Bad Faith Insurance Practices Insurance companies can act in bad faith in many different ways. The first, known as a wrongful denial of benefits, occurs when a company fails to pay the policyholder as laid out in the policy. But denying a payment isn’t the only bad faith practice that an insurance company can be guilty of. Other examples of bad faith practices include: Failing to conduct an adequate investigation of your claim Failing to reply to a claim promptly with a denial or a settlement Delaying payment Offering less money than the …
Hurricane Dorian: 3 Storm Damage Claim Mistakes That Could Cost You
Hurricane Dorian made landfall in the Bahamas on Sunday, September 1 as a Category 5 hurricane. While experts have forecast that the potentially record-breaking hurricane will only graze Florida’s Atlantic coast rather than hitting it head-on, storm damage from high winds and flooding is still expected for the state, which means that many property owners will need to file an insurance claim so they can repair the damage. Homeowners and business owners need to be aware that filing an insurance claim doesn’t always guarantee full compensation. If you want to get your rightful compensation so you can repair damage to your home, avoid these three mistakes. Don’t Sign ANYTHING You Haven’t Read When filing an insurance claim, never sign anything that you have not thoroughly reviewed. Make sure that you understand the language of any paperwork that the insurance company or third parties put in front of you. Knowing what you are signing is especially important when dealing with contractors because signing a document without examining it closely could cost you the money from your insurance claim. How? While there are many respectable, conscientious contractors who want to help you repair the damage to your home or commercial property, more …
Hurricane Damage: What to Do If Dorian Batters Your Florida Home
According to CBS Miami, Tropical Storm Dorian could become a Category 3 hurricane by the time it makes landfall on the east coast of Florida on Monday. Local and state authorities are cautioning residents to prepare for hurricane damage this Labor Day, and part of that preparation means knowing how to handle an insurance claim after the storm passes. At RRBH Law in Miami, we are standing by to assist you with your claim. With over 20,000 insurance claims still open from Hurricane Michael last year, it is critical that you understand how the process works so that you don’t have to wait almost a year to get the compensation you need to rebuild. Here’s what to do if your property suffers hurricane damage from Dorian. Review Your Policy Right now, you should be reviewing your insurance policies. And yes, I do mean policies, plural. With hurricanes, you have to worry about more than one form of damage to your home because flooding is not covered under most homeowners insurance policies. You’ll have to purchase a separate flood insurance policy for that. Unfortunately, according to the South Florida Sun-Sentinel, if you don’t currently have flood insurance, you’re out of luck …
How to Prevent Storm Damage During Hurricane Season
While hurricane season begins on June 1, it’s never too late or too early to prepare for storm damage to your home. As we know here in Florida, hurricanes can cause a lot of damage in a short amount of time, so it is best to be as prepared as possible. In this blog, you will find information on what you need to do to prevent damage to your home and to protect yourself and your family in the event of a hurricane. Safety First While it is important to take steps to prevent hurricane and flood damage to your home, the first thing that you need to do is develop a plan for you and your family’s safety. In addition to building your own hurricane disaster kit and creating a disaster plan for the whole family, you should also review your evacuation plan. During hurricane season, the most important thing to remember is that homes can be replaced—your family can’t. Retrofit Your Home to Prevent Flood and Storm Damage Much of the damage that your home can sustain during a hurricane comes from two things: flooding and high winds. Heavy rainfall and storm surges can affect homes that are …
Insurance Litigation: What Can I Expect When I Sue My Insurance?
When you file a claim with your insurance company, you have to hope that the amount they decide to pay will be fair. One of the most common reasons that we pursue lawsuits against insurance companies is for “bad faith” practices, where your company fails to act in your best interests. Your company may refuse to settle or negotiate your claim, instead betting on the idea that you will back down and avoid challenging their decision. If the settlement you get is not fair, you might have to consider insurance litigation. Suing your insurance company might seem like a daunting task. They’ve probably got a team of lawyers. They deal with this type of thing all the time. Meanwhile, you have probably never had to handle a lawsuit ever before in your life. It’s enough to discourage you from pursuing a settlement that is rightfully yours, but should it be? You pay your insurance to cover you when disaster strikes, and you deserve compensation when they fail to fulfill your duty. The litigation process can be stressful, for sure, but you can get through it if you know what you’re in for. Here’s what to expect when you decide that …
3 Critical Things Your Insurance Dispute Attorney Wants You to Know
Even though insurance companies are required to act in good faith, many attempt to take advantage of the complex and intimidating nature of the claims process to pay less than they should. Any insurance dispute attorney knows that the insurance companies are going to do what they can to reduce the claims they have to pay out. But as they say, knowledge is power. Here are a few things you should know about the insurance claims process. Adjusters Know How to Negotiate It’s pretty easy to assume that the adjuster the insurance company sends is on your side. They’ve spent a lot of money cultivating that image with commercials that imply that they are going to take care of you like family. Unfortunately, that is not always the case. Insurance adjusters are trained in negotiation. For someone unfamiliar with the claims handling process, negotiating with an adjuster can be difficult, especially since they often ask questions that can be used by the insurance company to deny your claim. Talking to an insurance dispute attorney or even letting one take over the claims process for you can save you a headache in the future. Adjusters Want to Undervalue Your Claim In …
Hurricane Irma Court Case: How an Insurance Litigation Attorney Can Help
Every year, many insurance policyholders have to decide whether to hire an insurance litigation attorney. The question: take the award amount and cut their losses, or take the fight to the courts to get the compensation they deserve? Recently, a Miami federal judge ruled on a case that involved two insurance policyholders, the insurance company, and a disagreement over the award amount the insurance company wanted to pay. The insurance company claimed that the initial award (which was much higher than the revised award) offered to the plaintiffs was preliminary—the court should thus reject the plaintiffs’ stance that the initial offer should be upheld. Daniel J. Rodriguez of RRBH Law was on the case. The Case When Lazaraly Guzman and Larry Rosado claimed that their dwelling was damaged by Hurricane Irma in 2017, they couldn’t have expected how much resistance they would get from their insurance company, American Security Insurance, Co. From the start, the insureds and representatives of the insurance company could not agree on the cost of the damage from the storm, so Guzman and Rosado started the litigation process. When the parties agreed to an appraisal per the insurance policy’s instructions, the court stayed the case until …
Homeowner’s Claim Denied? An Insurance Dispute Lawyer Can Help
When you file a homeowner’s insurance claim, stress can build to intense levels. Wouldn’t it be nice if you didn’t have to worry about your insurance company denying your claim on top of everything else? Unfortunately, any insurance dispute lawyer you ask will tell you that it happens a lot. This is because insurance companies exist for one main purpose: to make as much money as possible. While having this goal doesn’t mean they will outright deny you coverage without due cause, it could mean you receive a settlement that is lower than you expected. Sometimes this happens because you and your insurance company aren’t sharing enough relevant information with each other. Fortunately, you can take these steps if you think you’ve been wrongfully denied coverage or if you think your settlement should be higher. Get Your Insurance on the Phone As soon as you receive word of a low settlement or a denial, start the process of getting in touch with your insurance. Be sure to come prepared—review your claim and come up with some ways to make your case more clear. The solution to the problem might be a simple one, such as providing more evidence of loss …
Why Should I Hire a No Win No Fee Lawyer? 3 Reasons
A lot of people think that they can’t afford an attorney. But what if you didn’t have to pay unless you won? That’s what a no win no fee lawyer can do for you. This is an attorney who essentially works for contingency fees. Here’s why you might want to hire one. You Get Immediate Access to Legal Advice Your initial consultation with your lawyer will be free of charge. That means you can get access to the legal advice you need right away and begin implementing the steps you need to take for a successful outcome. This is beneficial because shopping around for lawyers can prove to be a time-consuming and extensive process. The more time you wait, the more you hinder your chances of success. Since your lawyer has an incentive to go for cases that have a solid chance of winning in court, you are also receiving the benefit of honest legal advice. You Don’t Have to Pay Up Front One of the main advantages of hiring a no win no fee lawyer is that there is not an up-front investment on your part. This way, you will not have to worry about any legal bills while …
Still Dealing with Damage from Hurricane Michael? How We Can Help
It has been almost a month since Hurricane Michael made landfall near Panama City, Florida, but with $11.28 billion in damages, full recovery is still as much as a year away. Many homes and businesses sustained damage from Hurricane Michael leaving homeowners and tenants to file insurance claims and hope for the best. Sadly, insurance companies will not agree to cover all of the costs. If last year’s Hurricane Irma was any indication, as much as 40 percent of claims could go unpaid for up to six months. Some Hurricane Irma claims are still outstanding, more than a year after the homeowners and business owners filed them. How Our Insurance Litigation Services Work The attorneys at RRBH Law have one goal—to get you the money you deserve to deal with the damage from Hurricane Michael. And to help assure you that you won’t we out a lot of money by hiring us, we want you to know a few things. First, we work on contingency. What does that mean? It’s just a fancy way of saying that if you don’t get paid, we don’t get paid. Our fee comes from your claim payout, so you don’t have to pay a …
5 Signs You Might Need to Sue Your Insurance
Do You Know When the Time Is Right to Sue Your Insurance? Insurance claims don’t always work the way that they should. Sometimes policyholders feel like they should have received more for their claims. Sometimes they feel like their claim was denied for little to no reason. One of the most common questions we receive is whether you can sue your own insurance company—the answer is a resounding yes. Whatever your circumstances, if you feel like you weren’t given a fair share, it might be time to sue your insurance company. If you notice these five signs, it’s time to call your attorney. #1: Your Insurance Denies Your Claim without Explanation When your insurance company denies a claim, they usually provide an explanation for the denial. Similarly, your company may have denied your claim without a thorough and proper investigation in the hopes that you will not challenge their decision. But by law, they are required to carefully investigate your claim to determine coverage. If your insurance does not explain the basis for the denial or fails to take your claim seriously, then you should seek legal counsel. #2: Your Insurance Excessively Delays Your Claim The purpose of insurance companies …
Hurricane Preparation: It’s Time to Get Ready for the Next Irma
Hurricane preparation requires planning and some investment, but knowing that your home will be less likely to sustain damage is worth the money and effort. Here are some of the essential preparations you need to make: Secure Your Home Strap down your roof. Many homes in Florida are designed to account for hurricane strap installation. However, if your home is older, you might need to retrofit your roof so that you can take this necessary precaution and prevent damage to this integral part of your home. Install head and foot bolts on your external doors. Extra security for your home’s entrances is a good idea. These bolts will keep your doors from flying open or detaching in high winds. Purchase storm shutters. Storm shutters protect your windows from being broken by flying debris and high wind pressure. You can buy shutters that are commercially made, or you can make them yourself. Be sure to use reinforced plywood that is at least five-eighths of an inch thick. Make windows and doorways watertight. Water that seeps into your home’s structure through cracks in door jambs and window fittings can cause serious water damage. The influx of moisture into the walls can also …
Do I Have Enough Homeowners Insurance Coverage?
Determining how much homeowners insurance coverage you need can be a difficult process, but if something should happen to your home, being as accurate as possible is definitely worth the time and effort it takes. If disaster hits, you’ll want to not only have enough to rebuild the structure of your home but also to replace belongings, to cover living expenses while you rebuild, and to protect you against liability. Here’s what you need to consider when buying homeowners insurance coverage: Factors That Will Impact How Much Coverage You Need A standard policy covers things like damage from storms, fire, and explosions. If flooding and earthquakes are common to the area you live in, you’ll need to purchase additional coverage. You’ll want to make sure that the coverage you buy is adequate to completely rebuild your home. If your coverage is based on your mortgage amount—as required by some lenders—be sure that the amount is equal to or greater than the cost to rebuild. To calculate costs, do some research on the following: The total square footage of the structure (or structures if you have multiple buildings) Local construction costs Once you have these two figures, simply multiply them for …
Don’t Have Fire Insurance? According to the Experts, You Might Need it
Does homeowners insurance cover fire protection to a sufficient degree? This is a question that every homeowner needs to ask because it’s often the case that policies are inadequate for the value of the home and possessions they cover. For those who dwell near the Florida Everglades, the risk of fire damage is especially high during the dry season, and while wildfires are only a single cause of house fires, last year’s wildfires in California could foreshadow a similar event here in Florida, according to fire experts. The Example of California Damage claims from the wildfires that swept through wine country in California last October reached upwards of $9 billion, the highest in the state’s history. The dry climate—30 inches of rainfall, annually—and mountainous terrain in California made containing the blaze difficult. Florida, which receives 50 to 60 inches of rainfall per year, is less at risk for catastrophic fires, though the dry winter this year increases that risk substantially. “Florida has a Mediterranean climate much like California and probably is the most fire-prone state in the Eastern U.S.,” Jim Karels, Director of the Florida Fire Service, recently told the Orlando Sentinel. “We are going to be looking at a …
Is Ceiling Water Damage Covered By Insurance? If Not, Do This
Is ceiling water damage covered by insurance? They may try to deny your claim. If they do, don’t hesitate to take these steps. If there’s anything we homeowners are familiar with here in Florida, it’s water damage from storms. When a leaky roof leads to damages to your home and your belongings, you hope that you can count on your insurance to cover the costs to replace and repair your home and your stuff. Unfortunately, it’s not always as simple as filing a claim and waiting for a check in the mail. Because homeowners’ insurance policies differ from person to person and the fine print of your policy can be difficult to follow, you might not be as protected as you think. So what should you do if your insurance won’t cover water damage from your leaky ceiling? Here are four actions that you can do now. Get Ceiling Water Damage Covered by Insurance Document Everything It is essential to document everything that you can to illustrate the extent and severity of the water damage from your leaky roof. Do this as soon as you notice the damage and as you notice more damage. Because water damage can go undetected …
Hurricane Irma Update: Property Damage, Now What?
Hurricane Irma Update – Although Irma Arrived in Miami At High Tide, Most Claims We’re Seeing Involve Wind Damage Within days of slamming into the Caribbean and south Florida, Hurricane Irma pushed further north today, into areas to which many of our neighbors had evacuated over the weekend. The large rain bands extended across the entire state of Florida, downing trees and signs, pushing boats ashore and tearing off shingles. The storm’s arrival at high tide caused flash flooding, most of which fortunately receded by later today. Hurricane Irma Update On Damage: Although Irma’s damage to Florida was not as great as the worst forecasts, almost three quarters of the state are still without power, and areas such as Naples and Jacksonville, as well as low lying areas of Miami, suffered flooding, standing water and downed power lines. The Florida Keys suffered the brunt of the damage. Portions of the road were washed out, and the rest was strewn with debris including sections of boats, jet skis and even appliances. “I just hope everybody survived,” Governor Scott said after flying over the islands today. “It’s horrible what we saw.” Hurricane Irma Update On Insurance Claims: Many of our clients have been …
How Do I Know If I Need A Property Insurance Attorney? 3 Things to Know Before Settling
Deciding whether to hire a property insurance attorney for your home insurance claim can seem like a tricky choice. In reality, though, it’s quite simple. Here in the Miami area, we see first-hand some of the worst home damage that this country has seen. From hurricanes to sinkholes, it seems that Mother Nature always has something up her sleeve. As an insurance litigation attorney, I deal with the fallout from these and other scenarios, and let me tell you—you do not want to go up against the big insurance companies alone. Even small regional insurance companies have the legal know-how to take you for a ride. Still don’t think you need a property insurance attorney? Here are three things to know before settling: If Your Home Insurance Provider Denies Your Claim Insurance companies are in the business of making money, so anytime they see an opportunity to not pay on a claim—perhaps by reinterpreting the legal language of your contract—they’re going to take it. When this happens, do not give up. Hiring a qualified insurance attorney to pursue your case will give you the opportunity to get the money that they owe you. If Your Home Insurance Settlement Is too …