It is bad enough to suffer property damage and loss, but then to have your insurer deny your property claim is even worse. You are no doubt feeling frustrated, but it is not the end of the road. You can take further action to get Allstate to reverse the denial and issue you the compensation you seek.
A property insurance attorney may be able to help you dispute the claim, either by negotiation with Allstate or through litigation in civil court.
If Allstate has denied your property claim and you need help moving forward, call the Law Offices of Anidjar & Levine today and get a free case review: 1-800-747-3733.
What You Will Need to File an Appeal
When you receive a denied Allstate property claim, it simply may be that you need to provide more information to prove the extent of your loss. Some of the materials you may want to provide include:
- Additional photographic or video evidence of your property before and after the damage. If you look through the photos on your phone, you will most likely have older images that show the condition or existence of your property before the damage or loss occurred. These images can form part of an important inventory, if you have not been able to make written lists.
- The specific details of your concern about the denied Allstate property claim, addressing all the points in the written denial and why you believe they are incorrect. For example, you might want to include additional estimates from vendors showing the cost of replacement or repair.
- To fully support your claim of loss of income as a result of the damage, you may need to show tax records, sales contracts, or lease agreements. In addition, you will need to compile all receipts for any out-of-pocket expenses you incurred as a result of the property damage including temporary lodging or work space, replacement of personal items or electronics, and any emergency repairs you had to make in the immediate aftermath of the incident.
More information is always better. Anything that provides evidence to support your claim will be useful.
Florida’s Rights for Homeowners
In the state of Florida, you have certain rights when dealing with insurance companies. These legal provisions were written to protect homeowners from unreasonable delays in claims processing or poor communication on the part of the insurance company.
According to the Homeowner Claims Bill of Rights you are entitled to:
- Notification that the insurance company has received your claim—must be within 14 days of submission.
- A written statement within 30 days on the status of your claim—whether the insurer is denying it, partially or fully covering it, or whether it is under further investigation.
- Payment of your full claim or the undisputed portion within 90 days, or a written report stating the reasons for denial of part or all of your claim.
The point is, insurance companies are prohibited in Florida from unnecessarily delaying the processing of your claim, or slow-walking your payment. However, that does not mean they will not try to find reasons to deny your claim.
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The Reasons Behind a Denied Allstate Property Claim
Insurance companies will do what they can to minimize payouts, never over-paying if they can avoid it.
There are common reasons why Allstate denies claims:
- Your policy does not cover the damage: In the insurance world, the specific instance that caused your damage or loss is called a “peril.” The perils are generally specifically named in your insurance policy and will include things like lightning strikes, tornadoes, vandalism, burglary, fire, and water damage from burst pipes. Your regular homeowner’s policy may not cover windstorm or flood. Allstate may have denied your claim if your loss was caused by something not specified in your original policy.
- You did not pay your premiums: Insurance works because you pay in a certain amount every month which covers you in the event you have a claim. Because not everyone has a claim at the same time—and some people will never have a claim—the insurance company is able to build up a reserve which it then uses to pay out claims. However, if you have missed payments, or are consistently late in your payments, the insurance company has a right to deny your claim.
- You have a high deductible: You are probably familiar with the term “deductible.” Most insurance plans only kick in after you have covered the cost of your deductible. For example, if you are seeking reimbursement for $1,000 worth of kitchen repairs, but you have a deductible on your policy of $1,500, your insurer would deny your claim because the costs do not exceed the amount for which you are responsible.
- Your policy contains exclusions: Your claim may be denied because of certain exclusions included in most insurance policies. Custom furniture, expensive bicycles, art, collectibles and fine jewelry maybe be excluded from a standard policy. These times can be insured through certain provisions called “riders,” but they must be specified in your original application.
Whatever reason you were given for a denied Allstate property claim, it may still be possible to appeal the denial successfully. An insurance property attorney may be able to help.
Finding a Property Attorney
When you are ready to hire a property attorney, you will want to make sure the firm you choose has the resources and experience to:
- Review and interpret the fine print of your existing insurance policy.
- Prepare the necessary appeal paperwork required by your insurance company.
- Handle all calls directly with your insurance company and negotiate a settlement.
- File a lawsuit, if required, and represent you in court during litigation.
Bear in mind, if it becomes necessary to file a lawsuit against your insurance company, Florida law requires the insurance company to pay your legal fees, if you win your case.
Call the Law Offices of Anidjar & Levine
If a denied Allstate property claim is stressing you out, help may be just one phone call away. Call the Law Offices of Anidjar & Levine for responsive legal care.
During a complimentary case evaluation, we can answer your questions and concerns and learn about your case. Then we will discuss your options and how best to proceed.
When you have received a denied Allstate property claim, you do not need to fight it alone. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 and find out what we can do for you in regards to your claim after a hurricane or other event like a burst pipe.
