So in my business as an insurance lawyer we often say “only a mortician is sure to have more customers than us”. It just seems like no matter how square the claim, there’s always some insurance company nipping at the corners. Now, lines of people are asking me: Can you get my insurance to pay for last year’s hurricane before this year’s hurricane comes barreling through? Yes, but . . .
First, Secure Your Property Now Before Storms Hit
Insurance policies give the insurer an out allowing them to deny a claim if the insured failed to repair or maintain the property. The insurance company not paying your last claim won’t usually give you a pass for the next claim, so fix what you can now (even temporary repairs) to avoid denials later. If you simply can’t without payment for your prior claim . . .
Most Policies Offer the Option to Have an Appraisal Resolve Your Claim
Most policies offer an option to submit your claim to appraisal to decide payment if there’s coverage. Appraisal is an out-of-court process where you and the insurance company split the cost of having three appraisers (usually contractors, adjusters, or retired judges) decide how much you get. The up-side is that: 1. it’s fast (usually 30-90 days with no court litigation headaches) and 2. it’s final. The down-side is: 1. it’s final (so you’re stuck if you don’t like the result) and 2. it costs you money since you’re splitting the expense with the insurer (as much as 25% of the recovery). Add to that 10% if you already have a public adjuster and your settlement costs can reach 35% or more. Good lawyers can help negotiate costs down below 20% but it’s still pricey.
What If You Just Can’t Afford It?
Let’s face it – a lot of us need every cent we can get and 70% of recovery may mean 70% of a roof. So who can help? Eh, hem . . . [lawyer waiving hands in the air]. Yeah, we hate lawyers (present company included) but sometimes we’re necessary like hemorrhoid cream. Luckily, Florida law makes the insurance company pay your attorney’s fees if they lose in court, so many lawyers will NOT CHARGE THE CLIENT FOR AN INSURANCE CASE.
Remember, the best way to be ready for this storm season may be to figure out how to fix the damage from last season.
Russel Lazega is an attorney and author of two of Florida’s most widely distributed legal textbooks on Florida Insurance Law. He also represents storm victims and consumers at war with their insurance companies and is based in North Miami, Dania Beach, Orlando and Tampa, Florida. Questions? Contact: Russ@fladvocates.com.
