Denied Weather Damage Claims

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.

Types of Weather Damage Claims We Handle

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:

• Flood damage: We can review the details of flood damage to your home or business and determine whether or not the denial of your claim was justified. If we find the insurance company acted improperly, we can represent you to pursue compensation.
• Wind and hail damage: Powerful winds and hailstorms can cause extensive damage to property. We will examine the evidence regarding the scope of damage from high winds or hail impact to fight unwarranted denial of claims.
• Mold and water damage: Excessive moisture in a property from weather events often leads to mold and water damage over time. We can evaluate the timeline and details of such damage to build a case against unfair claim denials.

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.

Common Reasons Why Insurance Companies Deny Weather Damage Claims

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.

• Lack of sufficient evidence to prove the damage was directly caused by a covered weather event. Photographs, videos, weather reports, and statements from witnesses can help establish the necessary evidence. We can help you gather and present this evidence to the insurance company.
• Dispute over whether the damage was pre-existing or property was properly maintained. Insurance companies may claim that damage was due to lack of maintenance or normal wear and tear, not the weather event. We review your property records and work with experts to build a case proving the damage was sudden and unavoidable.
• Disagreement over the extent or dollar amount of damage. Insurance companies often underestimate the true cost of repairs or replacement needed after a major weather event. We work with contractors and assessors to determine the full, fair costs so you can recover what you need to restore your property.
• Policy limits or exclusions improperly applied. We thoroughly review your insurance policy to ensure that limits, deductibles, and exclusions are applied properly according to your coverage and the circumstances of your claim. If we find the insurance company applied them incorrectly, we can demand a reassessment of your claim.

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.

What Makes a Strong Weather Damage Claim

Compelling Evidence

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:

• Photographs of the damage from multiple angles, ideally with time stamps that prove the damage occurred during the recent severe weather event. Pictures are extremely helpful for insurance adjusters in understanding the full extent of the damage.
• Video footage of the actual weather event and resulting damage. Video evidence makes it very difficult for insurance companies to deny the legitimacy of your claim.
• Witness statements from neighbors or others who can attest to the damage occurring during the storm. Written and signed statements from credible witnesses reinforce your evidence.
• Official weather records and reports confirming hazardous weather in your area at the time. Local weather data from sources like the National Weather Service can prove adverse weather conditions that justify damage like flooding or wind.
• Records of any temporary or permanent repairs needed. Keep copies of invoices, estimates, or other documents showing steps taken to prevent further damage or make essential repairs. These provide evidence of the damage’s severity.

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.

The Legal Options Available When Your Claim Is Denied

Negotiation

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.

Mediation

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.

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.

FAQs: Weather Damage Claims and Insurance Disputes

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:

1. Request a written explanation for the denial from your insurance company. Review the details and documentation they used to make their decision.
2. Gather additional evidence to support your claim, like photos, videos, expert witness statements, and contractor estimates. Provide this new evidence to the insurance company and request a re-evaluation of your claim in writing.
3. If the claim is again denied, you may need legal counsel to determine if legal action is warranted. An attorney can evaluate whether the insurance company violated the terms of your policy or acted in bad faith. They may be able to negotiate a settlement on your behalf or represent you in a lawsuit against the insurance provider.

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.

Why Choose Us At Caldwell Wenzel Asthana?

Experienced Legal Team

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.

In-Depth Knowledge

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.

Aggressive Representation

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.

Contingency Fee Basis

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.

Call Us Today

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.