If you have received a denied Aspen property claim, you will understandably feel frustrated and alone. You may wonder why you even bothered to pay for insurance if it was not going to be there when you actually needed to file a claim.
However, an initial denial from your insurance company is not necessarily the final word on the matter. You do not have to accept it.
With an insurance attorney working on your side, you can file an appeal, fight the denial, and even file suit if need be. The Law Offices of Anidjar & Levine may be able to get you the maximum compensation you deserve. Call 1-800-747-3733 for a free case review.
Evidence You Will Need to File an Appeal
After you have received a claim denial, you will need to prove to the insurance company that they were incorrect in their assessment of your property loss or damage.
Go back through your records of the damage or loss, and if possible, add more supporting material in the following categories:
- Photos or videos: Naturally you will want to document the current state of your property after it has been damaged. However, can you prove what it looked like before? Comb through your photo library and look for images that include views of your property before the damage occurred. Even if it is just in the background, it could be useful.
- Estimates: Pull together any estimates you have already received for property repair. The insurance company will use their own property adjuster to come up with an estimate, but it might be unrealistically low. Having a few more estimates in hand will help prove your case. One important note, however: steer clear of any contractors who ask to see your insurance policy before they give you an estimate.
- Receipts: You should have a folder full of receipts for expenses you have incurred as a result of the property damage or loss. For example, if your house was made uninhabitable in the aftermath, you may have receipts for temporary lodging or meals. The costs for temporarily securing your property—tarps, plywood, emergency repairs, etc.—should also be included.
- Insurance Policy: When you hire a property attorney to help you appeal your denied Aspen property claim, they will want to see a complete copy of your insurance policy, particularly the fine print.
Getting your denial overturned could be as simple as providing more documentation. In any case, more information is always better than less in proving you have a legitimate claim.
Why Aspen May Have Denied Your Claim
You know how it goes. When you sign up for property insurance, your company will assure you that your claims will be quickly processed and they will have your back. Then, when you finally have a claim and need their help, they often refuse.
There are a number of reasons why insurance companies may attempt to deny your property claim:
- They may say your original application contained false or exaggerated information about your property and its value. When you file a claim the insurance company will review the details of your original application to see what you applied to cover. If you are claiming something that did not appear on that application, you could be denied.
- If you missed a few premium payments or have been habitually late in paying, your claim could be denied. Basically, the insurance company only wants to pay out if you have paid in.
- The amount of your claim must exceed the amount of your deductible, but you will only be paid for the excess amount. For example, if your total repairs are estimated to be $1,400, but your deductible is $1,000, the insurance company will only reimburse you for $400. The first $1,000 is your responsibility.
- Your property was caused by something not covered by your insurance policy. For example, if your property damage was caused by heavy rain, but your policy only covers flooding from a broken water heater or burst pipe, your claim may be denied.
Whatever reason the company gives you for denial, you may still be able to overturn the decision. A property attorney will fight on your behalf to prove your claims are rightful.
Your Rights as a Homeowner in Florida
The state of Florida has put in place several statutes that protect homeowners from unscrupulous or unreasonable insurance companies. The Florida Homeowner Claims Bill of Rights contains certain requirements that insurance companies must meet during the processing of an insurance claim:
- You must receive notice from the insurance company that they have received your insurance claim within 14 days of receipt.
- Your insurance company must provide you with the status of your claim within 30 days, telling you whether they will partially or fully cover your claim, they need a bit more time to investigate, or your claim is being denied outright.
- Finally, you must be paid either all or the undisputed portion of your claim or be given a written explanation of why your claim has been denied within 90 days.
While the Bill of Rights will protect you from unreasonable delays in processing, it cannot guarantee your claim will not be denied. In the event that occurs, a property attorney may be able to assist you in securing compensation.
What a Property Attorney Will Do For You
After you have received a denied Aspen property claim, you may consider fighting the insurance company on your own. However, having a property attorney on your side can provide a number of advantages, including:
- Handling all the relevant calls to your insurance company and making sure the paperwork is accurately completed in a timely manner.
- Keeping the pressure on your insurance company to comply with your Florida rights.
- Analyzing the fine print on your insurance policy and making sense of coverage details.
- Assisting in the collection of evidence necessary to prove your case.
- Negotiating directly with Aspen for the settlement amount.
- Filing suit in civil court and representing you through litigation if it is impossible to negotiate a settlement.
You should not have to fight against your insurance company alone. A property attorney can share your burden and reduce your stress and anxiety.
Finding A Property Attorney
After you have received a denied Aspen property claim, your next step should be calling a property attorney. Call the Law Offices of Anidjar & Levine to start the appeal process.
We will begin with a free case review. During your consultation, we will evaluate your case and lay out your options. Should you need to file suit, Florida law requires the insurance company to pay your legal fees, if you bring the company to court and win..
Start today. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 and find out what we can do for you to get you maximum compensation.