If an insurance company denies someone’s claim, they should keep all the documents pertaining to the denial, such as the denial letter, the reason it gives for denying the claim, and all communications regarding the claim. These communication documents should include what the insurance company any letters, emails, and phone calls. A claimant should provide the substance of each conversation as well as who was involved.
Claimants also should keep copies of any checks the insurance company may have given to them, notes about when adjusters came to their property to investigate, and pictures of the damage to their home. All of this information could be used as evidence to demonstrate the cause of their property damage. Finally, one of the most important steps someone trying to file a claim should take is to contact an experienced attorney who could advise them on what to do after a Wilmington insurance claim denial.
What Rights Does Someone Have After Experiencing Insurance Denial?
If someone wants to appeal a denial, the company may reinvestigate the claim by sending an inspector to their home to re-inspect their property damage. Some insurance policies contain language that allows the insured the ability to appeal a denial, so they should get a copy of the entire policy from their insurance company and check for a provision about how to appeal the denial. It is important to note that some of these appellate provisions have a deadline for filing an appeal and how to file it and therefore they should reach out to an insurance agent with any questions they may have.
If a claimant misses the deadline for an appeal, the insurance company may still be open to looking at their claim.
Unique Claim Denials
Since Wilmington is a coastal community, it and other similarly situated communities see many homeowner claims denied following hurricanes. Hurricanes Florence and Michael caused catastrophic damage to the southern coastal communities, including Wilmington. There could be differences in how courts in the western part of the state and courts along the coast look at the cases because of these natural disasters.
Timeframe for Appellate Process
When natural disasters hit, this can delay the process because most insurance companies do not have enough adjusters for the number of claims made. For instance, since Hurricane Florence hit Wilmington, many residents whose homes suffered damage still have not settled their claims with their homeowner’s insurance companies.
As a result, hiring a seasoned lawyer can be crucial because they can determine whether adjusters have been working to compensate the insured, conducted any investigating, and done everything on their end to meet their duties under their contract to the insured. A legal professional could also work to ensure that the insurance company is not unreasonably delaying a claim. Sometimes insurance companies delay claims for an extended period of time because they believe it may cause the insured to settle for less money.
How a Lawyer Can Help After a Claim Denial
One of the first steps a Wilmington attorney could take after an insurance company denies a claim is write a letter to the insurance company that puts the company on notice that their insured is represented and requesting a specific reason for the denial. Once a claimant’s legal counsel obtains a complete copy of their policy, they can ensure that the reason the company is denying the claim is a valid one under the policy and state law.
A lawyer can also request that the insurance company provide proof that the cause of the loss is not covered under the insured person’s policy. An example of this behavior would be if someone experienced damage from wind-driven rain that entered through the roof and the insurance company denies a claim because they establish that the damage was caused by a flood, knowing the homeowner does not have flood insurance. Under these circumstances, when an attorney asks for proof, an insurance company may decide to pay the claim rather than providing that evidence.
Hire an Attorney to Discuss What to Do After an Insurance Claim Denial in Wilmington
If your insurance claim has been denied, you should reach out to a skilled attorney immediately. Their intimate knowledge of state insurance law can be applied to your insurance denial to ensure that you receive what the insurance company owes you under your policies. To learn more about what to do after a Wilmington insurance claim denial, call today.