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As a homeowner, you expect your insurance provider to fulfill their obligation and properly cover any damages to your property. However, many people find their claims being denied or underpaid after suffering extensive damage from events like hurricanes, flooding or wildfires.
If you’ve found yourself in this unfortunate situation with a denied weather damage claim, this article will provide guidance on the steps you can take. There are legal options available to potentially appeal the insurance company’s decision and recoup the costs to repair or rebuild. An experienced attorney who focuses on insurance claims and disputes can review the details of your policy and denial to determine whether the provider acted wrongly. With the proper legal counsel, you may be able to successfully overturn their ruling or reach a fair settlement. The denial of a claim during an already stressful experience can seem overwhelming, but you have rights and resources worth pursuing.
According to the National Centers for Environmental Information (NCEI), weather damage claims for 2023, up to 8 June 2023, have exceeded $1 billion. The U.S. has had 357 weather and climate events since 1980 from which the overall damages reached or exceeded $1 billion (including CPI adjustment to 2023). The total damages suffered exceeds $2.565 trillion.
If your weather damage claim was denied, the attorneys at Caldwell Wenzel Asthana Law Firm can help you explore your legal options. We have experience handling a variety of weather-related claims, including:
The attorneys in our firm are committed to advocating for clients facing denied weather damage claims. We will thoroughly review the details of your specific situation to determine the merits of your claim and the best path forward to pursue the maximum compensation allowed under the law. If you have been wrongly denied compensation for harm due to severe weather, contact our firm today for a free consultation on your legal options.
As attorneys who are adept in handling denied insurance claims related to weather damage, we frequently see several common reasons why insurance companies deny these types of claims.
As you can see, insurance companies frequently deny weather damage claims for several reasons. However, with the help of experienced attorneys like those at Caldwell Wenzel Asthana Law Firm, many of these denials can be overturned and your claim successfully paid. We have a proven track record of reversing unfavorable decisions and getting our clients the fair outcomes they deserve.
To make a strong case for your denied weather damage claim, providing concrete evidence is key. The more evidence you can gather to support your claim, the better. Some examples of compelling evidence include:
The more of these types of concrete evidence you can provide to support your claim, the harder it is for insurance companies to deny it was due to an “Act of God.” While one piece of evidence may be dismissed, multiple forms of proof from different sources make a strong, irrefutable case. With compelling evidence and the help of legal counsel, you have a fighting chance of overturning a denied weather damage claim.
If your insurance claim for weather damage has been denied, our attorneys can help negotiate with your insurance provider to reassess your claim. We have experience dealing with the major insurers and understand the tactics they employ to avoid paying out claims. We will review your policy details, the denial letter, and any other relevant information to build a case demonstrating why their denial was unwarranted.
Should negotiation fail to resolve the issue, mediation is another avenue we may pursue on your behalf. In mediation, a neutral third-party mediator helps facilitate a resolution between our firm and the insurance company. The mediator cannot force either party to settle but works to find common ground and compromise. Mediation is often successful for weather damage claims and can save both sides the cost and time of litigation.
As a last resort, we are fully prepared to litigate denied weather damage claims. We will file a lawsuit against your insurer to compel them to pay your claim as well as any additional costs and damages. Litigation can be a lengthy process but may be the only means of recovering what you are rightfully owed under the policy. Our team has extensive trial experience and a successful track record of obtaining favorable verdicts and settlements for our clients.
Through negotiation, mediation, or litigation, the attorneys at Caldwell Wenzel Asthana Law Firm have the skills and determination to fight improper denials of coverage. We understand how devastating weather events can be and work tirelessly on your behalf to hold insurers accountable when they fail to fulfill their obligations under the policy. Please contact our office to schedule a free consultation regarding your denied weather damage claim.
Can I dispute a denied claim?
Yes, you have the right to dispute a denied weather damage claim. Insurance companies are obligated to conduct a fair investigation and evaluation of your claim. If you believe your claim was wrongly denied or the amount of compensation offered is too low, you should consider appealing the decision.
What is the appeals process?
The appeals process typically involves the following steps:
Do I have to go to court to resolve my dispute?
Not necessarily. Many insurance disputes are resolved through mediation or arbitration before reaching the court system. An experienced attorney will first attempt to negotiate a fair settlement with the insurance company. If that is not successful, they will determine whether your case merits pursuing legal action in court to compel the insurance company to pay your claim.
Going to court should really be a last resort. Legal proceedings can be time consuming and expensive. However, if your insurance company has clearly violated the terms of your policy or not acted in good faith, litigation may be the only option to obtain fair compensation for your weather-related property damage or loss.
Our firm has over 25 years of experience handling denied insurance claims involving weather damage. Our attorneys are well-versed in the complexities of insurance law and understand the strategies insurance companies employ to avoid paying out claims. We have a proven track record of success in getting denied claims re-opened and claims paid.
At Caldwell Wenzel Asthana, we stay up to date with the latest laws and regulations regarding homeowners insurance and weather damage claims. We understand what constitutes covered perils under most standard homeowners insurance policies. Our lawyers can analyze the language in your specific policy to build a strong case as to why your claim should not have been denied.
We take an aggressive stance against unfair claim denials. We are not afraid to litigate against insurance companies when they wrongfully deny valid claims. Our firm utilizes a team of expert witnesses including structural engineers, meteorologists, and damage appraisers to help prove your case. We negotiate from a position of strength and are willing to take claims to trial in order to maximize our clients’ recoveries.
We take denied weather damage claims on a contingency fee basis. This means that you pay nothing upfront, and we only collect a fee if we are able to successfully get your claim paid or re-opened. Our fee is a percentage of the total amount recovered. This ensures that our interests are fully aligned with our clients’ in obtaining the maximum amount owed under the policy.
Caldwell Wenzel Asthana has the experience, knowledge, and determination to give denied weather damage claims a fighting chance. Contact our office for a free initial consultation regarding your claim.
The attorneys at our firm have successfully represented clients in situations similar to yours and helped them recover the full amount owed under their policy. If you believe you have a legitimate claim that was improperly denied, contact us today for a free consultation. We have the experience, expertise and determination to challenge the insurance company’s decision and fight for the compensation you deserve. You’ve already suffered enough from the weather event that caused damage to your property — don’t suffer the additional hardship of unpaid claims. Call now at (251) 444-7000 to discuss your case and get the help you need.