If you have been injured in a property damage accident in Florida, you may be wondering what options you have left. After all, property damage claims are often difficult to win – especially in Florida’s current insurance market. Fortunately, you have several paths you can take after your claim is denied.
What Are My Legal Options After a Property Damage Claim is Denied?
Most often, successful bad faith cases involve insurance companies refusing to pay claims that are legally valid under Florida law. If an insurer denies a property damage claim on technical grounds (for example, a lack of “proof of loss” or “pre-existing damage” you may be able to file a lawsuit against the carrier to recover the damages you deserve. This process is called “insurance bad faith.” Bad faith lawsuits are often complicated, and for this reason, it is best to work with an experienced attorney who can help you pursue your case effectively. If the insurer has breached its contract with you in bad faith by denying a valid claim, you may be able to recover attorney’s fees and costs in addition to the amount of your damages.
A common example of bad faith in property insurance claims involves the insurance company failing to adequately investigate the accident that caused damage to your home or other property. An insurance company is only obligated to investigate a claim to determine whether there is coverage available under the policy. However, if your insurer fails to investigate your claim in good faith and in a timely manner, you may have grounds for a lawsuit. If you file an insurance claim for your property damage, you should receive a “proof of loss” form from your insurer, which requires you to provide detailed documentation of your losses. You should submit this information to your insurance company as soon as possible. Most insurers also require that you preserve physical evidence related to your property damage – such as damaged property, photographs, receipts, etc. If you fail to preserve this documentation, your insurer may be entitled to deny your claim on technical grounds. For this reason, it is important to document every aspect of your property damage as thoroughly as possible.
The best way to understand your legal options after a property damage claim is denied is to consult with an experienced Florida insurance law attorney. While it’s true that insurance companies sometimes justifiably deny claims, it’s also true that these denials are not always justified. That’s why it’s important to contact an attorney right away if you believe your insurance company denied your property damage claim unfairly. For assistance with your claim, contact Salas Law Firm at (954) 315-1155 today.
John Salas
