An insurance adjuster could underpay a storm damage claim for several reasons, including because the insurance company wants to avoid financial responsibility for your losses. An insurance provider may also underpay a claim because it lacks necessary documentation of your losses, believes certain losses are unrelated to the storm in question, or has a different valuation of your losses.
Underpayment of your storm damage claim is unacceptable. A Corpus Christi storm damage claims lawyer can identify why the insurance company did not pay your claim fairly. Your attorney will then explain your options for seeking the money you deserve from the insurance provider.
Common Reasons Why Insurance Companies Underpay Storm Damage Claims
There are many potential reasons why a property insurance provider may underpay a storm-related claim, and its reasoning for an underpaid claim may include:
The Policy Does Not Cover Certain Types of Damage
Your Corpus Christi property insurance claims lawyer may use photographs and other forms of documentation to prove the damage is, in fact, storm-related.
Homeowners insurance and other property policies typically separate storm coverage from flood coverage. The Texas Department of Insurance (TDI) notes (as policyholders are often surprised to find) that a standard policy may not cover:
- Damage caused by flooding, such as saturated flooring materials and damaged walls
- Secondary effects of flooding, such as mold (which requires comprehensive removal and sterilization)
- Replacement of items damaged by flood water and mold
These are just a few examples of the types of losses an insurance company may refuse to pay for. You may need to access your flood insurance policy or argue that such losses should be covered under the policy in question—an underpaid insurance claims lawyer can make the case for you.
Damage Happened Before the Storm
An insurance provider may deny or attempt to underpay a property claim by stating that certain damage pre-dates the storm. The adjuster may allege that you are seeking compensation you do not deserve, perhaps even indicating that you are doing so deceitfully.
The Property Owner Was Negligent
An underpaid storm damage claim for a home or business may stem from accusations of a property owner’s negligence. For example, an insurance company could claim that:
- The property owner did not take measures to mitigate property damage, such as boarding up a property or using sandbags to block flood water.
- The property owner ignored flaws in the structure that may have worsened damage, such as a roof with loose shingles.
- The property owner failed to take basic measures, like locking doors, that may have reduced the extent of property damage.
Your property damage claim would not be the first an insurance company has tried to avoid liability for by alleging negligent actions. Your property storm damage insurance attorney will directly address any such allegation.
Insufficient Documentation of Damage
Insurance companies may initially deny a claim in hopes that the claimant will not regroup and counter the denial. When this happens, insurance companies may save substantial sums of money. Alleging insufficient documentation is one of the most common reasons for denying a storm claim.
The insurance company may claim that:
- You have not provided adequate proof that the damage resulted from the storm.
- Your video, photographs, or other visual documentation is unclear.
- You have not provided documentation proving the exact cost of property damage (such as bills for removing water-damaged property).
- The documentation you provided is insufficient in some other way.
You should never accept an underpaid storm damage claim for a business or other property because of claims of insufficient documentation. Instead, allow a lawyer familiar with the insurance claim process to consult experts and gather documentation to provide to the insurance company.
Disputes About the Cost of Storm-Related Damage
The insurance company may simply claim your valuation of the storm-related damage is too high. Your Corpus Christi insurance claims lawyer will seek direct proof to debunk such claims of an inflated claim value.
We have offices in Houston, Corpus Christi, and Victoria; and will travel to any corner of Texas if we are capable of preventing an injustice.
How an Insurance Claim Lawyer May Respond to Underpayment of Your Storm Damage Claim
Finding a capable insurance claim lawyer after a storm should be a priority. If the insurance company has denied your claim, offered a lowball settlement, or indicated in other ways that it is not acting in good faith, a lawyer becomes all the more important.
Your storm damage insurance claim lawyer will represent you in every aspect of the claims process, including:
- Reviewing the policy and identifying the reason for claim denial: Your attorney must be familiar with your property policy. This familiarity will allow them to determine whether the insurance company’s reason for denial or underpayment is valid.
- Reopening the claim and addressing the reason for denial: Once your attorney has determined why the insurer underpaid your claim, they may reopen the claim. They may then provide documentation, make a counterargument, or take other steps to convince the insurer to pay your claim fairly.
- Negotiating for a settlement with the insurance provider: Once your lawyer has reopened your claim, they may need to negotiate for a fair settlement with the insurance company. Knowing that you have a lawyer, the insurance company may no longer try bad-faith tactics (as they know a lawyer won’t stand for such dubious approaches).
- Pursue any legal action you’re eligible to take: If insurance companies act in bad faith by denying rightful compensation for storm victims, the claimant may have grounds for legal action. If you are eligible and decide to take such action, an attorney will manage the legal process for you.
Do not sign a settlement agreement with the insurance company. First, speak with a storm damage claims attorney. A lawyer will advise you, protect you from further attempts to underpay you, and demand the insurance company pay for all your covered losses.
Losses Your Storm Damage Claims Attorney Will Demand Fair Compensation For
Texas storms can pose many hazards to your property. From hail to wind, water, and even fire, many events can trigger an insurance claim.
Some types of losses that may entitle you to compensation include:
- Water damage to home components and standalone property (like furniture and appliances)
- Wind damage to windows, fences, the roof, and other features of your property
- Mold from storm-related water damage
- Remediation services
- Debris removal services
- Temporary housing
Your lawyer will become familiar with your property policy quickly and identify all losses that entitle you to compensation.
Representing the injured in all areas of Texas that extends back over 40 years
Call Carrigan & Anderson, PLLC Today for a Free Consultation About Your Storm Damage Claim
Do not wait to hire a storm damage claims lawyer from Carrigan & Anderson, PLLC. You must resolve your claim as soon as possible, and that is exactly what we will help you do.
Contact Carrigan & Anderson, PLLC today for your free, no-risk consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.