Hurricane Helene & Milton– Insurance Claim Denial Lawyers

Long-time Floridian homeowners are accustomed to storms and the destruction they wreak. They’re accustomed to cleanup and recovery, and the arduous process of filing claims with their insurance providers. Unfortunately, insurance companies have a history of becoming overwhelmed with claims in the aftermath of a storm and delaying payments or outright denying legitimate claims by policyholders. 

What Are Your Options If Your Home Is Affected By Hurricane Helene?

Once the rain is no longer pouring and the winds stop blowing, it’s time to assess how your home was affected by the hurricane. Before you begin any patching or repairs, it’s critical that you take pictures of anything the storm hit. As you’re able to get cell service and receive communications, educate yourself on any assistance available to hurricane victims. Local shelters provide housing, and many restaurants and civic organizations will provide food, water, and ice. 

During this time, you’ll begin filing a claim with your insurance company and be contacted by insurance adjusters about your hurricane damage options. If you haven’t already done so, familiarize yourself with any applicable insurance coverage. Read through all policy documentation to understand what may be covered and what the limitations are for damage. 

The hurricane claim process can be difficult, and you may face insurance claim challenges with reaching a representative and getting paid in a timely manner. You may also see your claims denied as insurance companies get overwhelmed and fail to give each case its due diligence.

What Damages Can A Hurricane Or Tropical Storm Cause?

Tropical storm and hurricane damages can vary based on a number of factors. The significance of each type of damage may take months to fully realize. 

These are the most common types of hurricane damage:

• Wind damage: Strong winds pull down trees, rip off shutters, shingles, and siding, blow over entire structures, and throw random debris through yards and buildings.
• Water damage and flooding: How high the water rises (as much as 20 feet for Hurricane Helene) and how long it stays before receding or being otherwise removed impacts how severely it damages all materials from organic matter to electrical to fabricated items. 
• Structural damage: Any building can be damaged by the wind, rain, and flooding of a hurricane. If the damage is particularly severe, you may need an inspector to assess the property before entering. 
• Personal property damage: This can be a few yard items, everything you own, or any level in between. Storms like Hurricane Helene don’t distinguish between clutter and priceless heirlooms, unfortunately.
• Landscaping and exterior property damage: Category 4 winds can rip up trees, shrubs, and outbuildings and carry them several miles before they’re released. Even basic landscaping like small plants can be obliterated.

Secondary Issues

After a storm of this magnitude, cleanup takes a long time, sometimes years. Flood waters can last for days, and repairs must wait. During this time, mold develops, bacteria spread, and electrical components are irreparably damaged. Even if your home was not badly damaged during the storm, you may find that your belongings do not survive the issues that arise when they can’t be cleaned or repaired quickly.

Because of the extent to which damage can occur, it’s critical to fully examine everything as you can once you’ve been allowed to return home and start assessing. Walk your yard and home, inspecting everything almost as if you’re looking to buy it for the first time. Take tons of pictures, and write down what you observe. This information may be necessary for a full property damage claim. Once you’ve filed, it may be problematic to add other damage without appropriately documenting it.

How Did Hurricane Helene Affect Different Areas Of Florida?

After making landfall in Florida’s Big Bend area at 11:10 p.m. on September 26, 2024, Hurricane Helene’s impact on Florida extended to wreaking havoc across much of the Eastern Seaboard. Its path includes Georgia, Tennessee, Kentucky, North Carolina, South Carolina, Virginia, and West Virginia. It’s expected to dissipate somewhere in the Atlantic Ocean, having formed in the Gulf of Mexico and worked its way through popular destinations along the Panhandle. 

Sadly, as of September 28, 2024, a total 52 people have died due to Hurricane Helene, as well as 3 million homes and businesses being without power. Additionally, it’s anticipated the total cost of the storm’s destruction will be between $15 and $26 billion[1].

It upgraded to a major hurricane from its initial forming as a tropical depression near the Caribbean but has downgraded as it has moved through the Southeast. Gulf Coast states like Texas, Louisiana, Mississippi, and Alabama experienced minimal effects. It will be weeks before the full effects of storm damage are published. Loss of life is still being counted.

Millions have been left without power from tornadoes, high winds, and heavy rainfall. With wind gusts still high and heavy rain still present, the storm continues. Florida hurricane areas like Perry and Tallahassee saw the worst storm surge damage, but others like Panama City and Tampa also experienced coastal hurricane damage.

What To Do If Your Insurance Claim Is Denied After A Hurricane

Not too surprisingly, with previous Hurricanes, such as Hurricane Ian in 2023, up to 40% of insurance claims were denied or left in limbo[2].

If you receive a denial letter from your insurance company after Hurricane Helene, it’s important to understand whether you can appeal the decision and on what grounds. 

Here are some of the most common reasons insurance claims are denied:

• Insufficient documentation: You have to show proof that the damage exists and was caused by the storm.
• Policy exclusions: Your insurance policy language may exclude portions of the damage, or your damages may exceed policy limits.
• Disputes over damage causes: You should make sure that wind damage is reported through your windstorm coverage and flooding damage through a flood policy. If you mix it up, the provider may deny the claim.

Steps To Take After Denial

When your claim is denied, know that you can take steps to appeal that decision. Ask your insurer for details on your denied hurricane claim. Use that information to file an insurance claim appeal. Reviewing your policy may reveal coverage loopholes, and hiring a lawyer for a denied insurance claim may be your best option. 

Filing an appeal or reconsideration with your insurance company is complicated because the company wants it so. It’s easier to deny than pay, and if you lose interest in an insurance claim appeal, they get to keep that money. Let The Consumer Lawyers help you win the compensation you deserve.

How Can A Hurricane Damage Lawyer Help?

Anytime there’s a major storm, the areas affected are often flooded with people who are there to help. However, the focus is often on moving as quickly as possible to help as many as possible, and there’s not a lot of individualized attention available. A hurricane damage attorney is there to provide specific assistance for you and your loved ones. 

We’ll put our insurance lawyers to work for you, making sure you have what you need, including: 

• Gathering evidence and documentation.
• Negotiating with insurance companies.
• Filing lawsuits if necessary.

At The Consumer Lawyers, we understand what storm victims need. We know when your insurance company is using delay tactics, and we know how your insurance policy language and limitations apply to your claims. Let our expertise benefit you in the claims process with qualified legal representation.

Do You Have to Accept an Insurance Company’s First Offer?

After you file a claim, you are not obligated to accept the insurance company's first offer. Insurance adjusters are tasked with assessing damages and proposing settlements, but the first offer may not align with your needs or reflect the full extent of your losses.

You have the right to carefully evaluate the offer and — if it falls short of what you believe is fair and adequate — reject it. Rejecting an initial offer does not mean the end of settlement negotiations. Instead, it's a common step in a longer process.

Common Reasons to Reject a Settlement Offer

There are several valid reasons a claimant might choose to reject a settlement offer from an insurance company:

• Insufficient Amount: The offered amount may not fully cover the damages, leaving the claimant with an unreasonable financial burden.
• Disagreement on Liability: If there is a dispute over who was at fault in the incident, the claimant may reject the offer to assert their claim's validity.
• Future Expenses: Concerns about potential future costs related to the claim, such as ongoing medical treatments or property repairs, can be a good reason for rejecting the offer.
• Uncertainty: A claimant might reject an offer if they believe more evidence is needed to establish the full extent of their losses.
• Higher Expectations: When the claimant believes the value of their claim is greater than the offered settlement, they may opt to hold out for a better outcome.

To exercise their right to a fair and just resolution, a policyholder or claimant may reject an offer that they perceive as undervalued or unjust.

If you reject your insurance’s offer it’s important to call us right away as we can help maximize your claim.

We Are Nationally Awarded Lawyers

As longtime residents of the state, we understand the damage Hurricanes can cause. We put our clients first and dedicate our time and strategies to maximizing compensation for those who need our help. 

We start with a free consultation with one of our hurricane lawyers to ensure your claim is eligible. We use that to evaluate your evidence and begin crafting our strategy. We’ll be upfront with you about the expected outcome, and you won’t pay a thing unless we win your case because we work on a contingency basis. 

The Consumer Lawyers offer you the best chance of a successful outcome for your hurricane damage insurance claim and winning fair compensation. The sooner you seek legal help after Hurricane Helene, the higher your chances of maintaining evidence and proving your claims. 

Contact the Consumer Lawyers for a free case evaluation by visiting our website to: 

• Chat with us online
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