The good news is that with some wise thinking, you can avoid their tricks and ensure that you get the maximum possible insurance coverage. If you can prove that their numbers don’t match your valuation, then you can avoid paying out of your own pocket.

How to Value Your Property After Hurricane Damage

Use an Independent Adjuster

The wisest thing to do is to use an independent adjuster, ideally through a Florida property damage lawyer – who will have connections with reputable, trusted adjusters and other resources.

Adjusters are professionals who evaluate damaged property, providing the estimated repair and replacement cost to the insurer.

Insurance companies use their own insurance adjusters. However, be warned; the adjusters working for insurance companies have a tight relationship. They work for them. They often overlook areas of damage or simply underestimate the value of items, so that their insurance company doesn’t need to pay out as much.

So what can you do?

Contact a property damage lawyer. That way you’ll get a second opinion and can prove that “hey, these numbers don’t add up”.

Secondly, be warned of using amateur adjusters who are walking around your neighborhood in the aftermath of a hurricane handing out flyers. They’re on the prowl for cash and are often not qualified or trusted adjusters.

Read Related: 10 Signs That You Need a Hurricane Ian Claims Lawyer

Understand Replacement Cost vs Actual Cash Value

When it comes to determining the value of your hurricane damage claim, you need to understand the two ways insurers value damage. These are called ‘replacement costs‘ and ‘actual cash value‘. Ensure that you read your insurance policy carefully to see what type of coverage you have. If you are still confused, reach out to a Florida property damage lawyer who will help understand it.

Replacement Cost Value Coverage

Replacement Cost Value (RCV), is a type of coverage that will pay to repair or replace damaged property without deducting depreciation.

So, if you have a damaged computer, an RCV policy will replace it at today’s cost of the item.

Actual Cash Value Coverage

Actual Cash Value (ACV) coverage, is a type of coverage that will pay the ‘depreciated cost’ to repair or replace your damaged property.

So, the money required to replace your computer would be decreased by the value of depreciation (such as age, use and wear and tear). You may see ACV also referred to as ‘Depreciated Cash Value.’

Collect Evidence

Evidence is everything in determining the value of your property after a hurricane.

Evidence is your ticket to prove that something was damaged. An adjuster may arrive and give a quick tour of the property, missing crucial damage areas. But if you have photographic proof, then you can challenge this and use it to negotiate.

It’s highly recommended that you take and safely store all damage since the hurricane. This may include:

• Damaged roofs
• Broken windows
• Flood stains
• Mold caused by flooding
• Water damage
• Broken appliances
• Structural damage

It’s also recommended that you take photos of any damage that has been taken since the hurricane’s initial hit if it was caused by something like a hole in the roof or wall.

Retain Receipts

Most homeowners’ insurance policies should cover more than just structural repairs. Anything related to the hurricane can potentially be reimbursed. Using these receipts, you can calculate the true value.

For example, after Hurricane Ian, many families were forced to find alternative accommodation due to their damaged homes. It’s not your fault if your insurer is slow to sort out repairs, so please retain invoices and recipes for associated costs.

You should also try to find and collect all evidence of the value of your belongings. Items like laptops, instruments, appliances and belongings’ true value can all be supported with proof of purchase. If the purchase was made online, check the account history of the online store or in your emails for a digital receipt.

Determine the Deductible

A deductible is a cost that must be paid by a policyholder when making a property damage claim. This amount is usually reduced from the amount the insurer will pay out.

For example, if your deductible is $300 and you file an insurance claim for $10,000 worth of property damage, then your insurance company should pay you $9,700.

The deductible will usually be paid by the homeowner, out of pocket, to the repair company.

Florida has an unusual system, where homeowners must only pay one deductible for hurricane damage per hurricane season, instead of per claim or per storm.

Expert Opinions

In some cases, special items can be difficult to prove the true value of. In these cases, it can be wise to consult an expert on the item.

For example, by having an expert provide a view and estimation of the pre-damaged value of the item then you can have extra power in negotiating with the insurance provider.

It can also be beneficial to check newspaper ads and online auctions for comparable items to review the cost.

What To Do If Your Insurance Company Undervalues You?

If your insurance carrier undervalues you or denies you, don’t give up. You always have a chance to fight back. The best thing to do is to contact our Florida property damage claim attorneys. We will fight aggressively on your behalf, ensuring you’re not bullied and manipulated by an insurance agent and their tricks.

We’ll use our resources to gain a true valuation of your property and negotiate so you get the necessary payment to rebuild your home and life.

Contact a Hurricane Ian Insurance Claim Lawyer Today

Free Consultations!

If you’ve had an undervalued or denied Hurricane Ian insurance claim, our Florida property damage attorneys can help.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help navigate hurricane insurance disputes.

Regardless of your situation, you can receive a free consultation today.

The post How to Determine the Value of Your Hurricane Damage Claim appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

The answer lies in the circumstances of your claim, but here’s our underlying message:

Insurance companies are for-profit companies that will do everything possible to minimize their outgoing costs. Florida is facing losses of up to $47 billion, so they may try to manipulate, deny and undervalue their customers.

Here are the ten key signs that it’s time to hire a Hurricane Ian claims lawyer:

When It’s Time to Hire a Hurricane Ian Claims Attorney

1. Distinguishing between Flood Losses and Homeowners Insurance Losses

Your homeowner’s insurance and flood insurance may be disputing the type of damage to either undervalue your claim or deny it entirely. This happens when there is both a flood loss and a homeowners insurance loss. Homeowners insurance carriers will look to place any and all blame on the flood loss attempting to reduce the amount to be paid by the Homeowners insurance carrier.

Our Hurricane Ian claims lawyers will work with you to prove what caused the water damage, wind damage, and flood damage to ensure you get the full benefit of the available insurance coverages.

Read Related: What’s the Difference Between Water Damage & Flood Damage?

2. If Your Claim Has Been Denied

Call a Hurricane Ian claims lawyer fast if your insurance claim has been denied.

There are very few reasons why your claim should be denied entirely, yet insurance companies try it in the hope that their customers will accept it and move on.

In some cases, denials are unjust and can even be in bad faith. Our hurricane Ian claims attorneys can reopen your case and prove that you are entitled to compensation to repair or rebuild your home.

3. If You’re Asked to Sign a Release

If your insurance company asks you to sign a release soon after the storm (or if you still have unresolved damage), then alarm bells should be ringing. Call an attorney so they can review the proposed release.

Just because the storm has passed doesn’t mean the damage has. Hurricane damage can worsen over time, due to weakened foundations, structural damage and more.

A release may be a trick to lure you into limiting how much the insurer owes you.

4. Your Claim Has Been Undervalued

Call a Hurricane Ian claims lawyer fast if your insurance company fails to provide coverage for the entire loss.

It’s not uncommon for insurance companies to cut corners on their estimates to minimize their outgoing cost. But in reality, you will be left to pay out-of-pocket for the remaining repairs and replacements.

An attorney can reveal the true value and scope of the loss by using contractors, engineers and other professionals that specialize in dealing with insurance claims.

Read Related: 10 Signs That Your Insurer Undervalued Your Property Damage Claim

5. Negotiations Are At a Stand-Still

The mere presence of an attorney can help get negotiations moving in the right direction, as the insurance company knows there’s no point messing you around anymore.

6. You’ve Been Told You Don’t Have Coverage or About ‘Loop-Holes’

It’s very easy for an insurance company to overcomplicate things. They know that many customers will accept the idea of mysterious ‘loopholes’ and policy fine print. Don’t fall for this.

If you contact our Hurricane Ian claims lawyers, we’ll review your policy and take action if the insurance company’s claims are baseless.

Common Examples:

• The adjuster says you’re only entitled to the ‘Actual Cash Value’, but really you should be reimbursed for Replacement Cost.
• Adjusters say detached buildings are not covered when your policy says they are.

7. You’ve Been Delayed or ‘Ghosted’

Contact a Hurricane Ian lawyer if your insurance carrier may be acting in bad faith.

If your insurance company is not responding or has failed to meet the deadlines, then they must pay your claims. They may also be required to pay penalties and attorney fees if they are found to have acted in bad faith..

8. You’re Advised Not to Use an Attorney

Red flag! You always have the right to use an attorney in a property damage claim. If you’re told otherwise, it means the insurer is trying to hide or get away with something. They cannot and will not penalize you for using an attorney. If that happens to you, think of doing the opposite, fast!

9. You’ve Been Pushed to Admit Fault

Insurance companies may try to trick homeowners into admitting fault to avoid paying out.

You might be asked to admit that you left a door or window open, or that you didn’t realize the damage existed long in advance. Most likely, this isn’t true.

We know navigating the claims process is challenging, but don’t give in. Contact a Hurricane Ian claims attorney so they can handle the claim on your behalf.

10. You’re Bullied or Manipulated

Finally, if your insurer is pressuring you, emotionally bullying you or using any other tricks, then call a property damage lawyer as soon as possible.

Don’t feel like you’re overreacting. We understand what you’re going through. This is your home on the line, and you deserve the maximum possible settlement.

Signs That You Don’t Need a Property Damage Lawyer Yet

Alternatively, there may be signs that you don’t need to pick up the phone just yet.

• They’re sending new adjusters or specialists to review your property.
• They’re replying swiftly and treating you with respect.
• They explain everything clearly.
• They’re not pressuring you.
• They’re not undervaluing or denying your claim.
• You understand and feel confident in the claims process.

Contact a Hurricane Ian Insurance Claim Lawyer Today

Free Consultations!

If you need to make or dispute a Hurricane Ian insurance claim, our Florida property damage attorneys can help.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help navigate hurricane insurance disputes.

Regardless of your situation, you can receive a free consultation today.

The post 10 Signs That You Need a Hurricane Ian Claims Lawyer appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

While a lot of this damage will be glaringly obvious, there will be other types of damage that can be easily overlooked. We advise you to inspect your home for the following types of damage to ensure you can make a thorough property damage claim – and not be forced to pay out of pocket later!

Read Related: Hurricane Ian Property Damage Claim Tips and Tricks

Unexpected Property Damage to Look for After Hurricane Ian

When you return to your property, be sure to look for signs of the following damage:

Mold Caused by Flooding

With Hurricane Ian’s extensive flooding, your home may suffer from flood damage and high humidity. Even if flood water has since left, mold damage may remain.

Look for signs of mold growth behind appliances, furniture and in hidden areas. It can grow very fast and pose a risk to your health. If you don’t identify it early, your insurer may claim you didn’t mitigate it.

Mold caused by Hurricane Ian flood water should be covered under a ‘flood insurance claim’.

However, if there is water that entered through a roof, windows or doors, then this may be an issue to be addressed by your Homeowners insurance policy.

Read Related: Should Your Mold Insurance Claim Actually Be a Water Damage Claim?

Damaged Carpeting

Rain leaks or flooding are likely to damage carpeting in your home. If it looks damaged, your insurance company should cover the carpet removal and replacement costs.

However, your insurance carrier may state that they’ll only cover the damaged part of the carpet – but of course, you’ll need to remove the whole thing. In that case, you’ll need to fight hard to avoid being underpaid. That’s where a property damage lawyer can help.

Damaged Roof Tiles and Shingles

Hurricane Ian roof damage can look very obvious. But for some homeowners, it may be easy to overlook.

Shingles and tiles are common victims of strong winds and may need replacing.

If you have missing or damaged shingles or tiles, it could lead to further damage in the future from strong winds or rain – leading to flooding and structural damage.

Take a look from ground level for signs of damage, and take photos as necessary. Your insurance company should provide an assessment of your roof, but it can also be wise to get an independent roof inspection to reveal the true cost of damage.

Roof Gutters

Roof Gutters are susceptible to strong winds and may have been pulled from its joints. Look for signs of unbalanced or loose gutters. If you don’t fix it, it can lead to issues the next time there’s heavy rain.

Destroyed Appliances

In the wake of damage to your home from Hurricane Ian, it’s easy to overlook appliances. From washer-dryers to TVs and fridges, these appliances may be destroyed by flood waters or debris within the home.

If they’re sitting in the water, have cracks, signs of water residue or other notable damage signs, then they may need to be replaced.

Electrical Systems

Damage to your home’s electrical system is not something to try to repair yourself. It can be deadly. If your home has been hit by Hurricane Ian it is advised to get a professional in to check the state of your home’s electrical system.

Damaged Trees and Branches

Thousands of trees have been uprooted and damaged due to Hurricane Ian. If you have a tree near your property, take a look at it. If the branches are snapped, loose or weakened, then they may pose a risk to your home. Tree removal may be required. Your insurance policy may have coverage for debris clean up that could be helpful in the days, weeks and months after Ian has passed.

Windows and Doors

Take a second look at your windows and doors. They may have been dislodged from their frames or damaged from wind or flooding.

Structural Damage

Returned to your home and only noticed signs of mold, broken windows and water?

It may not end there. Your property may have suffered structural damage. It can be wise to hire an independent engineer or estimator to determine if your home has suffered structural damage.

Remember to Mitigate Your Damage!

You’re not expected to make significant repairs, but you should take measures to mitigate further damage – if safe to do so.

Boarding up broken windows, doors and other entrances can reduce the chance of further wind or rain damage. Tarping your damaged roof or taking steps to dry out your home are additional examples of mitigation. You can do this DIY or by hiring a professional. Store all receipts and proof of purchase so you can submit them as part of your Hurricane Ian property damage claim.

Do I Need a Property Damage Lawyer for a Hurricane Ian Insurance Claim?

Following Hurricane Ian, Insurance companies will be swamped by insurance claims. They’ll be doing everything they can to minimize their outgoing costs, which means undervaluing and denying claims.

They sometimes use manipulation, delaying tactics and other tricks to make you accept lowball offers.

A property damage lawyer can take care of the fight on your behalf. From paperwork to negotiations, we use our extensive experience to recover the money you are entitled to under your insurance policies.

Don’t leave it to chance. Don’t pay out of pocket. Call a property damage lawyer today.

Contact a Hurricane Ian Insurance Attorney Today

Free Consultations!

If you need to make a Hurricane Ian property damage claim in Florida, then our property damage lawyers can help.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help you navigate Hurricane Ian insurance claims.

Regardless of your situation, you can receive a free consultation today.

The post Type of Damage to Look for After Hurricane Ian appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

With the aftermath wreaking havoc for many Florida homeowners, a new emergency order might be a saving grace for some. In addition, the temporary order may protect homeowners from losing their policies. Here’s what you need to know.

What Is the Emergency Order?

In light of Hurricane Ian, Florida temporarily prohibits insurers from dropping customers. This week, Insurance Commissioner David Altamaier issued an emergency order temporarily blocking cancellations and non-renewals of policies.

The order is set to last for two months. According to the emergency order, “Between September 28, 2022, and November 28, 2022, insurers or other entities regulated under the Florida Insurance Code may not:

• Cancel or on-renew
• Issue a notice of cancellation or non-renewal of a policy or contract

This applies to any insurance policy covering property or risk in Florida. The exception to this emergency order is when there is a written request or written agreement of the policyholder.

What’s the Purpose of the Emergency Order?

The Emergency order is to protect homeowners and property insurance policyholders. In addition, the order will temporarily protect homeowners from losing their policies if Hurricane Ian damages their property. Under the order, insurers are barred from canceling or non-renewing policies for a minimum of 90 days after the property repairs.

Insurance Commissioner Altmaier ordered a similar order following Hurricanes Irma(2017), and Michael 2018 which devastated much of Florida.

Florida’s Troubled Insurance Market

The order came amid pre-existing concerns about how Hurricane Ian, a Category 4 hurricane, will affect an already struggling insurance market. Six insurance companies in Florida have been deemed insolvent since February 2022. Other companies have dropped thousands of policies to cut their financial losses. As a result, many dropped customers have turned to the state-run Citizens Property Insurance Corp. for coverage.

Governor Ron DeSantis has publicly expressed his confidence in the company, stating that “Citizens Property Insurance Corp. will not have a problem paying claims.” Despite being created as an insurer or last resort, the company has nearly 1.1 million policies. They also have the largest number of policies in Southeast Florida and the Tampa Bay area.

DeSantis claims to have spoken with Citizens, saying that the company feels good about being solvent through this. “They have about a $6 to $7 billion surplus,” DeSantis said, referring to Citizens’ money available to pay claims.

Previous Reform in Florida’s Property Insurance Provided Relief for Floridians

With Florida insurers facing insolvency and financial calamity, DeSantis called a special legislative session in May to try to strengthen the industry. Lawmakers agreed to spend $2 billion to provide a “layer of reinsurance” to property insurers. The bipartisan legislation Governor DeSantis implemented in May was one of the most significant and comprehensive property insurance reforms Florida has seen in decades. It provided short and long-term relief to Floridians to combat skyrocketing insurance costs.

The $2 billion will be reinsurance for insurance carriers to buy from reinsurance companies and the Florida Hurricane Catastrophe Fund. Reinsurance is backup insurance for carriers and plays a vital role in the Florida market. Hurricane Ian is supposed to be the “first test” of the $2 billion reinsurance. Property insurance is already a tough market, and a category four hurricane like Ian will only make conditions more demanding. Reinsurance rates were already increasing before the hurricane, but reinsurers have added pressure to raise their rates now.

A significant part of Ian’s damage is expected to come from flooding, which is insured through the National Flood Insurance Program rather than private companies.

DeSantis explained that a lot would depend on private carriers’ financial situations. They must prove they are capitalized enough to pass “stress tests.” This year, that stress test was Hurricane Ian. They had to show that they had enough capital to pass that “stress test.” He said that all private carriers have reinsurance and that the CAT fund (Florida Hurricane Catastrophe Fund) is the highest it’s ever been, at $17 billion.

Get Legal Help For Storm and Hurricane Damage

If you are a Florida resident, we hope you and your loved ones have stayed safe through Hurricane Ian. We all know the devastating power of hurricanes and the property damage they can cause.

If you need legal assistance with a property damage claim, contact us today or call +(197) 0232-0268.

Schedule your no-risk, free consultation today.

The post Florida Is Preventing Insurers From Cancellations and Non-renewals After Hurricane Ian appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

What Is No-Fault Auto Insurance?

No-fault auto insurance simply means that each party involved in a motor vehicle accident must first utilize their own insurance coverage for compensation for medical expenses and lost wages – regardless of who is at fault for the accident.

Florida’s No-Fault Auto Insurance Policy Requirements

Florida Motor Vehicle No-Fault Law requires every licensed driver in Florida to carry auto insurance coverage with at least $10,000 of Personal Injury Protection, or PIP, and $10,000 in Property Damage Liability, or PDL.

Personal Injury Protection insurance covers 80% of medical expenses, including emergency transportation, hospitalization, surgical procedures, nursing services, dental work, and more. It also covers 60% of gross wages and loss of future earning capacity if you cannot work because of your injuries. If the car accident resulted in a fatality, PIP will provide you with $5,000 in death benefits per covered individual. The insurance company pays these benefits on top of coverage for the deceased’s final medical expenses and lost wages.

PIP coverage extends to members of the policyholder’s household, as well as any passengers in the vehicle who do not own a vehicle and have their own insurance policy. PIP also protects you when you are a passenger in someone else’s vehicle and if you are a pedestrian who is injured.

Property Damage Liability insurance provides financial protection when the accident causes damage to another person’s vehicle or property.

All too often, these minimum policy limits are not enough to cover the economic damages resulting from a car accident. A PIP insurance claim will only cover 80% of your medical bills and 60% of your lost wages. If your medical expenses total $12,500, you would be eligible to collect the full policy limit of $10,000 (80% of $12,500.) However, you would still be responsible to pay the additional 20% ( $2,500.)

Another example – if you were injured in a serious accident which resulted in medical expenses in the amount of $10,000, and lost wages in the amount of $3,300 because you were unable to work, your PIP insurance would pay $9,980 of the total claim. This means that you are responsible to pay $2,000 for the remaining medical costs and would still lose $1,320 in wages.

Exceptions to No-Fault Insurance

Florida has a “serious injury threshold” that must be exceeded before an injured driver can file a liability claim or personal injury lawsuit against another driver. This means that the type and severity of your injuries determine if and when you can pursue a liability claim against a negligent driver. In Florida, car accidents that result in permanent injury or significant and permanent scarring/disfigurement permit the injured driver to make a claim against the negligent driver or file a personal injury lawsuit.

To file a third-party insurance claim or lawsuit against the driver who caused the accident and seek compensation for “pain and suffering” and other non-economic losses, your injuries must qualify as “serious” as defined by state law. In order to meet the standard of “serious injury” at least one of the following must have occurred as a result of the accident:

• significant and permanent loss of an important bodily function
• permanent injury, within a reasonable degree of medical probability
• significant and permanent scarring or disfigurement, or
• death.

If your injuries meet this definition, you are not limited to making a PIP claim under your own policy. You can hold the at-fault driver responsible for the accident and seek to recover compensation.

Get Help From a Florida Car Accident Attorney

If you are seriously injured in a car accident in Florida, the no-fault insurance policy law will make it easier and quicker to recover compensation to pay medical bills and lost wages. But if you only have the minimum coverage, it may not be nearly enough to eliminate the financial burden. Get help from a legal professional today. We are experienced Florida personal injury lawyers who can help you get the fair compensation you deserve for your medical bills, lost wages, and other damages.

We pride ourselves on providing our clients compassionate, honest, and dedicated legal counsel. As one of Florida’s leading personal injury firms, we have helped countless car accident victims recover compensation.

Furthermore, we understand how devastating an unexpected accident can be, especially if you have sustained severe injuries. Therefore, let us handle all of your legal proceedings so that you can prioritize recovering and healing.

Contact us today to schedule your free initial consultation or call +(197) 0232-0268.

The post What Does It Mean to Be in a No-Fault State Like Florida? appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

If you live in Florida, you’re probably well acquainted with the turbulent weather patterns. You’ve probably also witnessed a good amount of lightning. But, hopefully, you’ve never had or will need to deal with lightning damage. However, if you live in Florida, that likelihood is higher than in other states. If your home has been subjected to lightning-related damages, contact a Florida property damage attorney today who can help you recover the compensation you deserve.

Florida, the Lightning Capital of the United States

Florida is no stranger to turbulent weather patterns as a state that regularly experiences hurricanes and tropical storms.

Lightning is an incredibly frightening force of nature that Florida is all too familiar with. It can cause fires and power surges, leading to extensive property damage.

Florida sees so much lightning annually that the National Weather Service has given it the distinction of “lightning capital of the US.” In the past month alone, there have been numerous lightning-produced house fires, one in Tampa and another one in Valrico, to name a few.

The area between Orlando and Tampa is a high-risk zone with the highest lightning strike rate in Central Florida. If you live in this area, you are probably familiar with regular thunderstorms throughout the year.

The high frequency of lightning in Central Florida can be attributed to its geographic location and highland climate, compared to lower temperatures on both sides of the peninsula.

As the lightning capital, Florida is the leading state for lightning-related property damage claims. While lightning damage may seem like a freak accident with a low probability, you’d be surprised how common they are in Florida. In fact, lightning strikes cause about $400 million in damage annually in the US.

Lightning Damage Statistics in Florida and the US

According to the Insurance Information Institute (III), Florida is the top state in the nation for lightning insurance losses. Here are some additional statistics:

• In 2021, there were 5,339 lightning damage claims in Florida
• The total value of claims in 2021 amounted to $88.3 million
• The average cost per claim in 2021 was $16,552

Some national statistics on lightning-related damage claims in the US:

• While 2020 was the fourth consecutive year with a decrease in the number of lightning damage claims in the country, the average cost of claims more than doubled since 2017
• Lightning-related claims dropped 6.9% from 2019 to 2020, but the value of the claims increased by 124.6% ($920.1 million in 2019 to $2.1 billion in 2020)
• While Florida takes the lead with the highest count of annual claims, California usually has the highest average cost per claim due to the severity of destruction from lightning-produced fires.
• The average cost per claim in 2021 for California was about $154,574.

What Types of Damage Can Lightning Cause?

There is an average of $451 million in direct property damage caused yearly by lightning. The damage that results from lightning can be much more damaging than homeowners realize.

When lightning strikes, it can cause electrical surges that result in deadly fires and severe damage. It can damage appliances, electronics, computers, phone systems, electrical fixtures, air conditioning systems, and the entire electrical foundation of a home.

If lighting hits the inner parts of the walls in a house, it can cause a surge in the electrical circuits, which would cause a house fire. In addition, lightning can potentially ruin your home’s plumbing system. If lightning hits any of your plumbing, it can cause leaks and water damage.

Even lightning that does not directly strike your home but hits the ground can cause issues for your home. The shock waves created by lightning can ruin the foundation of your house.

Steps To Take After Your House Gets Damaged By Lightning

If you want to file a property insurance claim after your house gets struck by lightning, you’ll need to follow a few crucial steps.

First, take pictures and note all damages to your property. Next, contact your insurance company and make a claim. Create a thorough list of all damaged items and property. Then, call your local fire department as soon as possible, and note the date and time you called them. The next step is to contact a professional electrician or plumber to inspect your house and document the damage caused by lightning.

Sometimes insurance companies deny claims because homeowners do not provide sufficient evidence to prove that lightning caused the damage. That’s why it’s vital to take pictures of all damage from lightning, like holes or asphalt.

Lastly, the most critical step will be to get a Florida property damage attorney who can guide you through the claims process and help protect your legal rights as a homeowner.

How Long Do I Have To Make a Lightning Damage Claim?

Florida’s statutes allow homeowners to file a damage lawsuit five years after the lightning strikes. However, bear in mind that insurance companies require policyholders to file a claim much sooner, usually within 60 days of the incident.

Once you submit an insurance claim, the insurance company will investigate your claim and respond. In addition, they will probably offer you a settlement to compensate you for repairs and other damages you may have incurred.

Florida Property Damage Claim Attorneys

Sadly, Florida homes suffer the consequences of natural disasters like hurricanes and lightning every year. When that happens, you need an experienced property damage attorney who will fight on your behalf to get you the compensation you deserve. Furthermore, having strong litigators who can negotiate with insurance companies on your behalf means you can focus on repairing your home.

Contact an experienced Florida property damage attorney today for a free consultation, or call +(197) 0232-0268.

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If you have submitted the claim to your insurance company and they have made a settlement offer, your initial reaction may be one of relief – now you will be able to pay for the repairs to your vehicle and get your car back on the road. Not to mention, pay those medical bills that are piling up! But what if you do not agree with the settlement offer?

What to do if you disagree with the insurance company’s settlement offer?

The insurance adjuster should provide a reasonable settlement offer; however, their employer expects them to protect the company’s bottom line – and that means paying as little as possible on any insurance claim. In order to get what you deserve, you will need to know or learn the art of negotiation, as it is key to getting compensated fairly.

Here are some steps you can take to help resolve your insurance claim:

• Determine What Your Claim is Worth
• Be Prepared to Support Your Claim
• Review your Auto Insurance Policy
• Notify the Claims Adjuster
• Consult with an Attorney

Determine What Your Claim is Worth

The settlement offer should be sufficient to cover all your injuries and damages. When it comes to determining your medical expenses, it is important that the costs for any future medical care for lingering or long-term issues are calculated and included in your demand for settlement. Injuries from car accidents do not always present immediately. If you sustained injuries as a result of a car accident, your health care provider should be able to determine the likelihood of needing future medical care. The cost for any future medical expenses related to injuries from the accident should be included in any settlement offer you accept from the insurance company.

The value of your car is crucial in determining the cost of repair or replacement. The Insurance company will inspect the vehicle and provide an estimate of what they believe it would cost to repair the car properly. To accurately determine the cost of damages, you should have an independent, reliable mechanic inspect the damage as well and provide you with a list of components and labor required to repair the vehicle. You can compare the estimates and question any significant differences you may find.

Used cars may be written off in the belief that there is too much damage to repair, or the cost of repairs may be higher than the value of the vehicle. You can check online offers and use this information to correct the estimated market value of your car.

Be Prepared to Support Your Claim

Collect as much evidence as possible to support your claim. This should include any and all documentation surrounding the accident, such as all your medical records related to the treatment and care for injuries sustained in the accident, treatment plans for all current and future medical care, invoices, billing, and payment records. Additionally, have documentation that supports any claim for lost wages and property damage.

Review your Auto Insurance Policy

Insurance policies almost always include information on the process for resolving any disputes that may arise between the insured and the insurance company. Arbitration is one of the most common methods used for conflict resolution. Arbitration is an alternative dispute resolution (ADR) process outside the judiciary courts. A non-biased, neutral arbitrator will review that case and render a decision in the matter. Their decision is legally binding.

Another dispute resolution process insurance companies practice is through a third-party appraisal service. The third-party appraisal service will inspect the car damages and determine the value of the vehicle. The insurance policy should explain these options.

Notify the Claims Adjuster

Inform the claims adjuster that you do not agree with their settlement offer. If the claims adjuster tells you they are not able to resolve the issue or increase the offer, escalate the issue by asking to speak with their direct manager. It is perfectly acceptable to ask for the name and phone number of their boss. If they cannot handle the matter, then talk to someone who can.

Send any evidence and documents that support your assertions, along with a letter explaining why you feel that the settlement offer is not sufficient to cover your losses. Always include the policy number (if you have it), the insurance claim number, and contact information.

Document everything. After any phone conversation you have with the insurance company, confirm the discussion and any agreements, or disagreements, you may have made, in writing. Follow up with a brief letter stating something like, “This is to confirm our conversation on (date) at (time), where the following agreements took place….”

Consult with an Attorney

If you are struggling with dealing with the insurance company to get the compensation you deserve, having an experienced personal injury attorney on your side can make all the difference in the world. When you retain an attorney to speak for you, insurance companies listen more closely and are less likely to fight you. Rarely does an insurance company wish to go to court to resolve an auto accident claim. A knowledgeable, trustworthy Florida personal injury attorney can spell the difference between a win or a loss for your case. In addition, a skilled attorney will help ensure you get the total compensation for your injuries and damages.

Florida’s rated personal injury attorneys, Battaglia, Ross, Dicus & McQuaid, P.A., have a reputation built on professionalism, compassion, and dedication to our clients. We take the time to listen to your story and get to know you. We want to understand all the ways your life has been affected by the accident so that we can help make your life easier. We will provide you with the best legal advice to get the optimal outcome for your case. And we will happily answer your questions so you can make informed decisions.

Contact us today. We are an award-winning personal injury law firm that has fought for our clients for over 60 years and have recovered more than $145 million in awards. And we will fight for you.

The post What If You Disagree with the Insurance Company’s Offer to Settle Your Car Accident Claim? appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

Most large trucking companies have significant resources available that they will use to minimize or eliminate your claim for damages. They may have a law firm on retainer that handles legal issues that may arise, as well as accident investigators, who can be dispatched within hours to the scene of an accident and gather evidence. They may also have a close relationship with their insurance carrier as a result of interacting on a regular or frequent basis. In order to level the playing field and tip the scales in your favor, you should contact a knowledgeable and respected Florida attorney immediately following an accident involving a large truck. Battaglia, Ross, Dicus & McQuaid, P.A. will ensure that you understand what you are entitled to recover, what you can expect to happen in the coming weeks or months, and provide sound, professional legal advice.

Resources Available to Support Your Negligence Claim

The Federal Motor Carrier Safety Administration, an agency with the Department of Transportation, is tasked with ensuring safety in motor carrier operations. One way this is accomplished is through tough enforcement of federal safety regulations. Your attorney should be familiar with these regulations which mandate driver’s license requirements, drug testing, carrier requirements and responsibilities, driver qualifications, driver’s hours of operation, and the inspection, repair, and maintenance of vehicles.

In addition to federal safety regulations, there are federal records retention policies that establish how long a company must retain documents before they can be destroyed. Under the Federal Motor Carrier Regulations, trucking companies are required to keep logbooks for six-months before they can be destroyed. This includes driver hours of operation logs, fuel receipts, and weigh tickets. These records often establish that a driver may have been driving more daily hours than permitted, driving without taking the necessary rest stops or exceeding speed limits. Failure to preserve the evidence can result in the destruction of crucial information that can prove logbook violations and violations of the Federal Motor Carrier Safety Regulations, both of which can support your claim for negligence against the driver or trucking company.

Truck Maintenance Records

The truck’s maintenance records will show if there were any mechanical problems with the truck that may have caused or contributed to the collision. If there were issues with the truck that were not corrected, these records can be used to demonstrate that the driver and/or trucking company acted negligently.

Demand for Preservation of Evidence

It is highly likely that after six months, those records will be destroyed, and should this happen, your chances of recovering the full compensation you are entitled to may be reduced significantly and permanently. In order to stop the destruction of key evidence, a formal Demand for Preservation of Evidence must be made and served on the trucking company.

An experienced, knowledgeable attorney will ensure all of the important evidence you need is included in the demand for preservation. The Demand should include:

• the driver’s and co-driver’s daily logbooks
• vehicle and equipment daily inspection reports
• maintenance records for the truck involved
• dispatch records for the driver, including phone records and the driver’s call-in logs
• fuel, lodging, and food receipts
• weigh station receipts
• requests for reimbursement and supporting documentation
• bills of lading, manifests, routing slips, waybills, and daily schedules
• payroll records
• training materials, the driver’s qualification file
• results of drug or alcohol tests taken by the driver

Electronic Control Modules and Event Data Recorders

In addition to the above documentation, two pieces of physical evidence should be preserved as well. Event Data Recorders and Electronic Control Modules or “the black box,” when referred to together. The black box tracks and records various information about what the vehicle did prior to the collision and during the collision. Analysis of this data can provide valuable information about the vehicle, such as:

• speed of the truck at the moment of impact and just prior to impact
• the direction of travel
• status of critical truck systems
• whether airbags deployed
• brake system

As well as valuable information about the driver, such as:

• Were brakes applied and for how long?
• Was corrective steering action taken?
• Was the proper speed of the truck maintained?
• Was the cruise control activated? And, if so, for how long?
• How long was the driver on the road?

Truck companies may purge or wipe this data from their systems as frequently as every 30 days, so it is imperative that the Demand for Preservation is submitted promptly after an accident.

How You Can Help Your Truck Accident Claim Succeed

There are several things you can do that are advantageous to your truck accident claim.

• Check with your attorney before having any repairs done to your vehicle
• Keep any documents and bills related to the accident.
• Attend all doctor, therapy appointments, and follow the prescribed treatment plan.
• Find a lawyer that is right for you.
• Do not talk to any defense attorneys, claims adjusters or insurance companies – refer them to your attorney.
• Stay off social media! Do not post any information, photos, videos, or any other information about the accident on any public forum.

Contact Us Today

Having a knowledgeable, trusted personal injury attorney working for you can make the difference in ensuring you get full compensation for your injuries and damages. Your attorney will know where to find the evidence you need to support your claim. At Battaglia, Ross, Dicus & McQuaid, P.A., we listen to you and want to hear your story!

When you contact us, we will take the time to get to know you and understand all the ways your life has been affected by your accident. We pride ourselves on being empathetic, compassionate, and caring. This is just one of the reasons we are Florida’s top-rated personal injury attorneys – providing personalized legal advice addressed to meet your individual needs.

From the first call, you will know that we will be there with you, helping you to navigate through what can be a complex, difficult, and emotionally challenging time. We strive to provide you with all the information and resources you need. We are dedicated to making your life easier. From start to finish, we will promptly answer all your questions and provide the best legal advice, so you can make informed decisions about your future.

We build trust through open, timely communication, and straightforward legal advice. We are an award-winning, established personal injury law firm, fighting for our clients for over 60 years, and have recovered more than $145 million in awards.

Contact us today and we will fight to get the results you deserve.

The post Finding and Preserving Evidence in a Truck Accident Claim appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

As property damage attorneys, we regularly help homeowners get their deserved settlement. One way to do this is to ‘reopen’ a case that seems closed. Here’s how it’s done:

Can You Reopen Property Damage Claims?

Yes. After you’ve filed a property damage insurance claim, you may receive a letter, email or call from your insurance company stating ‘ The file is now closed’. This can happen whether you’ve been paid, underpaid or denied.

What this really means is that the insurance company is finished dealing with your claim. They believe it’s dealt with.

But that doesn’t actually mean it’s closed and game over. You don’t have to live with the insurer’s decision if you’re not happy. In reality, you can always contest a settlement offer or denial.

This can be done without an attorney by calling your insurer, but the task will be difficult. They’ll likely keep telling you the case is closed or start to be even more difficult than before.

So, what can you do?

How to Reopen a Property Damage Claim

1. Consider Contacting a Property Damage Lawyer

The first and best thing you should do is to contact property damage lawyer. Our lawyers have experience working in the insurance industry and know the tricks they get up to.

We will reach out to the insurance companies to reopen the property damage claim and ensure they don’t sweep your case under the rug. Having an attorney on your side can often get the insurance company to change its mind fast.

Attorneys know how to outthink insurance companies, so you can relax knowing you’ll get the maximum possible settlement and won’t face manipulation, delays, gaslighting and further denial.

2. Review Your Homeowners Insurance Policy

By reviewing your homeowner’s insurance policy, you can gain a clear understanding of your property damage coverage, exclusions and limits.

For example, if you’re unhappy and confused at a lowball offer or low settlement, then you should:

• Review your claim and settlement letter.
• Check your policy to see if the cited exclusions are legitimate and fit your claim.
• If needed, contact your insurance company for clarification.
• Keep records of your conversations, including the names of the employees and everything discussed.
• If you talk on the phone, send a follow-up email summarizing the call to clarify any misunderstandings.

3. Send a Letter

If you disagree with the company’s decision, you can reopen the property damage claim by sending a letter via certified mail to the claims adjuster. This letter should explain why you disagree and detail anything you feel was missed or underestimated.

You should provide as much evidence as possible, such as local contractor estimates and photos. You can also request a re-inspection of the property.

The insurer may reject or intimidate you. They may even say that you risk losing the original offer. If they say that, then remember – it isn’t true. If in doubt, contact a property damage attorney for professional assistance.

4. What to Do if the Insurance Company Won’t Budge?

If the insurance company still isn’t swaying their opinion after your efforts, and you still haven’t received professional legal support – then now is the time.

They will aggressively fight on your behalf to get the maximum possible settlement. If the insurance company has been treating you unfairly, with bad faith tactics such as delays, lies and manipulation, then a lawsuit may be a possibility.

In almost all cases, claimants make more money with the help of a property damage lawyer (even with the fees), than they would without.

5. Mitigate Further Damage

Many people looking to reopen property damage claims still have unrepaired areas of the home. You must mitigate further damage where possible. If you don’t, you could see your settlement denied or reduced.

Common examples include:

• Boarding up broken windows and doors.
• Locking windows and doors.
• Turning off appliances that are at threat to the elements.
• Parking your car away from damaged roof tiles or trees.
• Turn off the water in your home if there is a leak.

Naturally, some damage is more significant than others. For example, if there is a large hole in the roof, then your insurance company should help you get temporary repairs until a permanent fix can be made.

6. Stay Organized

At this point, you’ve probably got a mountain of paperwork regarding your property damage claim. It’s only going to get bigger. Stay organized to avoid getting manipulated by your insurer!

• Retain all records of calls, emails and letters.
• Ask for employee names during your call.
• Keep receipts of any damaged items, replaced items, repairs or contractor work.
• Keep records of any quotes for repair or contractor work.
• Log claims, dates, policy citations, call times and other key information.
• Take photographs of the damage if it gets worse.

Related: Read our guide on How to Handle a Hurricane Property Damage Claim.

How to Find a Reputable Property Damage Attorney

• They must be local to your state, to know the specific property damage laws in your jurisdiction. For example, if you live in Florida, you should only use a Florida property damage attorney.
• They’re part of a long-standing and highly rated law firm.
• They have flawless Google reviews.
• They work on a no-fee up-front basis.
• They have experience working in the insurance industry too.
• They specialize in property damage claims.

Hire a Florida Property Damage Attorney Today

Free Consultations!

If you’re looking to reopen a property damage claim in Florida, then contact us today.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help you navigate a denied or underpaid insurance claim.

Regardless of your situation, you can receive a free consultation today.

The post How to Reopen a Property Damage Claim appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

The insurance industry is no stranger to these claims, with over 120 hurricanes having made landfall in Florida since 1851. Insurance companies know how to minimize their outgoing costs by manipulating, exploiting and undervaluing customer claims.

Because of that, every homeowner needs to be aware of how to handle a hurricane damage claim properly. Our Florida property damage attorneys have compiled this simple guide to help you:

How Does a Hurricane Damage Claim Work?

A hurricane property damage claim is like any other property damage claim, except it’s focused on the damage caused by a storm via – windstorm insurance and flood insurance.

• Windstorm insurance is offered by Florida insurance companies as an additional deductible. It covers roofs and building exteriors damaged by the wind and debris of hurricanes.
• Flood insurance is another additional deductible that is highly recommended for anyone living in hurricane-prone areas. That’s because flood damage is not covered in a homeowner’s insurance policy.

Once you make a claim, an insurance adjuster should calculate the required settlement to cover your home’s damage in line with the terms of your policy. However, in many cases, the insurance company will do everything in their power to low-ball you, deny you or manipulate you into a lower payment.

How to File a Hurricane Damage Claim

Read Your Policy

Check your policy to ensure you know what your coverage allows for. This step can also protect you from being outwitted by the insurance agent.

Notify Your Insurance Company

The first thing you should do is alert your insurer about the hurricane damage and that you need to file a claim. Don’t delay, as they could try to say the damage occurred after the hurricane or because you didn’t mitigate the damage.

You should then ask them when an insurance adjuster will visit to inspect the property’s damage and calculate the settlement.

Make Urgent Repairs

Make sure you tell the insurance agent about any emergency repairs. For example, if there is a hole in the roof or downed electrical wiring, they should fix that immediately to protect you and reduce further damage.

Do not dispose of any items or debris, unless necessary for your safety. Board up any broken windows or doors. Store all repair expense receipts, as these can be refunded later by your insurance company.

If you don’t make these repairs, you could be denied a settlement because you failed to reduce further damage.

Document The Damage

Hurricanes are powerful beasts that cause a lot of damage – you need to document the damage in detail!

Photograph and tape any damage to your home, appliances, belongings, vehicles, yard, electrical wiring, water stains, broken windows and more. There is no such thing as too many photos here.

You should also list your home’s inventory to calculate the total loss of items. If you can find receipts for these items safely, do so.

Stay Organized

Staying organized allows you to keep on top of the insurance company. You can refer back to previous quotes and information.

Log claims, dates, insurance agent names, call times, quotes, and other key information.

What to Do After You File Your Hurricane Insurance Claim

Meet the Insurance Adjuster

When the insurance adjuster arrives, it’s the moment where the property damage will be assessed to determine the settlement fee.

Being present can make a big difference. If you have your home inventory and visual evidence, you can avoid items and damage being overlooked.

You may receive visits from multiple adjusters for different types of hurricane damage.

Get Repair Estimates

Your insurance company may try to recommend you a contractor for the repairs. But that doesn’t mean you can search for your own options. It can be wise to shop around local repair contractors for estimates to see if you can find a better deal.

Stay Alert

Hurricanes and natural disasters result in high demand for repair contractors. So you might have to wait longer than expected.

But that doesn’t mean you should take a backseat. You should still keep any receipts related to hurricane expenses, such as accommodation, travel and temporary repairs. These can all be reimbursed later by your insurer.

In some cases, you can also get paid upfront to allow you to cover your costs or to find a place to stay.

Be Prepared for Push Back

Now comes the tough part. Insurance companies are notorious for making the claims process difficult. Once the adjuster has visited your property, you might experience:

• Insufficient settlement offers
• Rejection
• Claims that you caused the damage
• Claims that your policy doesn’t cover the damage
• Loophole claims
• Delaying tactics
• Manipulation and bullying

Call a Florida hurricane damage lawyer immediately if you experience any of these events. A lawyer will be able to take the appropriate action to ensure you get the settlement you deserve.

Be Prepared to Negotiate

Many people think they have no power in a hurricane insurance claim. They accept lowball offers because they’re desperate for help.

In reality, you can always negotiate. In some cases, you might get a better offer through negotiations than you predicted.

Negotiations are stressful and tough for some people, though. It is recommended that you consult a Florida hurricane damage lawyer for robust assistance during negotiations.

Reopening the Claim

If you discover further damage, you may need to reopen your hurricane property damage claim.

In most cases, you should have up to one year after the date of the hurricane to file additional claims.

Contact a Florida property damage claim attorney if you get rebuffed by your insurer.

Do I Need to Hire a Hurricane Property Damage Attorney?

Sadly these claims rarely go as the claimant desires immediately. Insurance companies will do anything to reduce your settlement – remember, they’re for-profit businesses.

If you have been unfairly treated or received an unsatisfactory settlement offer, contact a Florida hurricane property damage attorney.

Alternatively, working with a property damage lawyer from day one is also recommended. They will take care of all communications, reducing the stress and burden placed on you and ensuring you get the maximum possible settlement.

Hire a Florida Property Damage Attorney Today

Free Consultations!

If your home or business has suffered from hurricane damage in Florida, then contact us today.

Attorney Jonathon Douglas leads the property damage claim team nationally ranked by US News and World Reports as a Tier 1 Law Firm, Battaglia Ross Dicus & McQuaid, P.A.

Having previously represented some of the largest insurance companies in the State of Florida, Mr. Douglas uses his inside knowledge and experience to help you navigate hurricane insurance claims.

Regardless of your situation, you can receive a free consultation today.

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