When your home has been damaged, or a break-in has occurred, waiting to hear back on your insurance claim so you can begin repairs is frustrating. If that claim is ultimately denied, it can feel like a devastating blow. You may have questions about how you’ll pay for repairs or replace valuable objects or if there is anything else you can do.
Below, we’ll go through what you should do if Nationwide denied your homeowners insurance claim and some important general information about claims. A Corpus Christi homeowners claim insurance lawyer can help you go over the denial and plan a strategy for your appeal.
Read the Denial Letter Completely
Part of the claims process involves receiving a formal denial or acceptance of your claim. With Nationwide policies, this typically takes 30 days or less. After receiving your denial, carefully read through the reasons (or reasons) for being denied.
Common reasons include insufficient evidence of your claim or non-payment of your most recent premium. Knowing the exact reason will make it easier for you to appeal.
What Is a Bad Faith Insurance Denial?
In some cases, your claim may be denied in what you believe is bad faith. This refers to unethical tactics that may keep your valid claim from being approved. Bad faith insurance tactics can include:
- Failing to conduct a thorough investigation into your claim
- Misrepresenting portions of your policy in your denial letter
- Rejecting your claim without a clear reason
- Delaying a response to your claim
- Unnecessarily delaying the investigation of your claim
- Refusing to acknowledge receipt of your claim
Note that these or other actions need to be intentional to be considered in bad faith. If your insurance adjuster made a mistake, the law wouldn’t consider it bad faith. The state of Texas does have specific laws governing the insurance industry and bad faith acts.
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.
Review Your Nationwide Homeowners Insurance Policy
It’s possible your claim was denied because your policy does not cover the type of damage that occurred. For example, if a storm caused your home to flood, then your homeowners insurance may not cover the damage. For example, in many cases, homeowners on the Gulf Coast need to have separate policies for windstorm and hail damage and for flooding damage.
Additionally, it’s important to note that if your Nationwide policy covers these types of damages then they may have a separate and higher deductible that needs to be met before a claim will be paid out.
If you have hired an insurance lawyer from our firm, they can offer you a more detailed analysis of your policy and how it pertains to your losses.
Contact Your Insurance Company
If, after reviewing your policy and talking to your lawyer, you believe that your damages should be covered or that your valid claim was denied in bad faith, it’s crucial to contact Nationwide to file an appeal. Doing so in writing ensures there’s a clear record of your correspondence and the appeal.
Insurance policies should contain a detailed process for appeals. They typically will have a time limit in which an appeal must be made. Read the appeals portion of your policy carefully to ensure you follow the correct procedures and are within the deadline.
Representing the injured in all areas of Texas that extends back over 40 years
Gather Evidence of an Invalid Denial
Appealing your insurance claim typically requires additional evidence to support your claim. Sometimes, you will need to prove the extent of the damage or the presumed cost of repairs. Some evidence that may be used includes:
- Photographs or video footage of the damage: For example, if someone broke into your home by breaking a window, you should take photos from multiple angles. If you have a home surveillance system and the footage caught what happened, save the file, as some systems will overwrite their data after a set amount of time.
- Records of Correspondence: Keep track of all written communication between you and your insurance agent.
- Estimate for Repair: Have a reputable third-party contractor give you an estimate for the cost of repairs of any damage. Ensure you go through all damages with them to have the most accurate possible estimate.
- Receipts: If property inside your home was damaged or stolen, list everything. If possible, gather receipts for these items as well.
You need a skilled advocate to protect your legal rights and present your claim in such a way as to maximize your recovery.
Get an Appraisal
Some appeals processes involve different types of mediation with your insurance company. For instance, there may be an appraisal of your losses. In this scenario, both you and your insurance company would appoint an appraiser.
If these appraisers disagree on the loss amount, a third party, known as an umpire, is selected. The umpire, who must be mutually agreed upon, is always impartial.
This means they have no personal interest in the outcome and are there to ensure a fair decision, providing a secure and just process. The umpire could be a retired contractor or an engineer.
Review Your Settlement Offer
If you receive a new settlement offer for your claim, you should review it closely. It’s important to know that you are not required to accept a settlement offer. You have the right to negotiate. Talk to your homeowner’s insurance claim lawyer about the offer and whether it is fair compensation for your losses.
What Can You Do If the Denial Is Upheld or the Offer Is Too Low?
If the original decision is upheld or you feel that the offer is still too low for the amount of losses you suffered, there are a few options remaining for you.
File a Complaint With the Texas Department of Insurance
You can file a formal complaint with the Texas Department of Insurance to investigate your claim. Your complaint must be in writing and can be submitted through their online portal.
File a Lawsuit
Your insurance claims attorney can file a lawsuit against your insurance company in pursuit of fair compensation on your behalf. In Texas, you typically have two years to file against an insurance company that you believe acted in bad faith. However, there may be exceptions. Avoid the confusion and call a lawyer from our team.
Our Attorneys Can Help if Nationwide Denied Your Homeowners Claim
After the worst has happened and then having an insurance company deny your claim, you can feel like you are at odds with the world. One of our Corpus Christi homeowners insurance claim lawyers can help.
We can communicate with your insurance adjuster on your behalf, gather evidence to support your claim, offer guidance on settlements, and fight your case in court.
At Carrigan & Anderson, PLLC, we offer compassionate and focused help to all of our clients. Call us today to learn more about us and ask for a free consultation.
At Carrigan & Anderson, PLLC we can talk to you about your options and rights.
