What Are Your Rights When Filing a Homeowner’s Insurance Claim?

By Wesley J. Farrell Esq. 

Numerous insured homeowners are not aware of their legal rights when reporting and negotiating a homeowner’s insurance claim with their property insurance companies. At Farrell, Patel, Jomarron & Lopez, we believe knowledge is power. That is why we always stress the importance of understanding your legal rights when it comes to handling any type of insurance claim. Being a well-informed consumer can drastically increase the likelihood that your claim will be resolved quickly and efficiently. Below you’ll find a short guide that explains some of the legal rights you should be aware of when dealing with your property insurance company.

Homeowner’s Claims Bill of Rights

Important Deadlines: Once you have filed a property insurance claim in, your property insurance company must acknowledge receipt of your claim within  14 days. After you report your insurance claim to your insurance company, the insurance company’s representative will send you a proof of loss form. In many instances, this information is the first documentation provided to the insurer which details the specifics of a claim. As such, it is in both the insurer and the policyholder’s best interests to comply with the proof of loss requirements, so that the claims process can proceed as quickly and efficiently as possible. After the proof of loss is submitted by the insured, the insurer must review it and reply. It’s important that you fill out the proof of loss form and send it to your insurer as fast as possible because it will help move your claim along. The point here is that under the law, an insured has a right to obtain a final status of their claim within 30 days of the date the insurer receives a completed proof of loss. If you have not received a final decision on your claim in writing within the statutory period contact your insurance company in writing and ask for status. If your insurance company decides to pay all or a portion of your loss, you are entitled to full payment of an agreed upon settlement or at least full payment of the undisputed portion of your damages within 90 days from the date that the insurance company received your proof of loss.

Free MediationIn many states, you can take advantage of free mediation services for disputed claims. These services are usually provided by the Department of Financial Services or Division of Consumer Services in your state.

Do You Need Help with Your Homeowner’s Insurance Claim?

If you have concerns about a homeowner’s insurance claim or problems with your insurance company, talking with an experienced insurance claim attorney can be very helpful. As a policyholder, you have certain rights. Every state has laws protecting consumers. Your policy is a legal contract between you and your insurer. It defines your rights and obligations as well as the rights and obligations of the insurance company. If you have any questions regarding your rights under the policy or are currently caught in an insurance dispute over damage to your property, contact us today at (305) 300-3000 for a free consultation. The attorneys at Farrell, Patel, Jomarron & Lopez recognize your rights as an insured homeowner, understand how the insurance claims process works, and know how to submit a strong homeowners insurance claim that will prevent your claim from being denied, delayed, or underpaid. Your home insurer will hire a team of attorneys who will work hard to make sure you don’t receive the compensation you are entitled to. You should have a team of lawyers working for you too! FPJL will aggressively represent you to ensure you get the money you are owed without any further delay by the insurance company. Our team of attorneys have decades of experience providing affordable representation to homeowners facing a wide range of denied, delayed or underpaid insurance claim issues.

Disclaimer: This Blog Post is based on Florida law. For more information on the property insurance laws in your state, go here: https://www.usa.gov/state-consumer

Contact our law firm today at (305) 300-3000 for a free consultation!