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  • Writer's pictureKyle Staggs

Denied Insurance Claim? Here's What to Do Next

Our Florida property damage attorney shares what steps to take if your home or business insurance claim has been denied. Don't hesitate to contact our firm to discuss the specifics of your case. We are here to help you restore your property to pre-loss condition so you can get back to your daily life.  

Denied Insurance Claim What to Do

Dealing with property damage can be stressful, especially after all that time and effort only to have your insurance claim denied. Navigating the complexities of insurance policies and legal jargon can feel overwhelming when you just want to know what to do to fix your property. Don't lose heart just yet; Florida Property Damage attorney Kyle Staggs, Esq. provides key steps to take next to potentially reverse the decision and secure the compensation you deserve. 


Common Reasons for Insurance Claim Denials in Florida 


Let's look at why you may have received the denial letter in the first place: 

One common reason for insurance claim denials in Florida is the failure to file the claim within the required time frame. Insurance policies often have strict deadlines for reporting damage and filing claims, and missing these deadlines can result in a denial. 


Pre-existing damage is another reason for claim denials. If the insurance company determines that the damage existed before the policy was in effect, they may deny the claim on the grounds that the damage was not caused by a covered event. This is why it's important to watch what you say when you submit the loss claim. Add to that, disputes over the cause of the damage are common reasons for denial. If the insurance company and the policyholder disagree on what caused the damage, the insurer may deny the claim based on their assessment of the situation. 


Claims may also be denied if the policyholder fails to take reasonable steps to prevent further damage after the initial incident. For example, if a homeowner does not make temporary repairs to prevent additional water damage after a roof leak, the insurer may deny the claim for failing to mitigate the damage. 


Another frequent cause of claim denials is insufficient documentation. Insurance companies require detailed evidence of the damage, including photos, receipts, and repair estimates. Without adequate documentation, the insurer may reject the claim. That said, misrepresentation or providing false information on the insurance application can also lead to claim denials. Should the insurer discover that the policyholder was not truthful about the condition of the property or other relevant details, they may deny the claim. 


You should also know what your policy covers and what isn't. Claims are often denied if the damage is deemed to be outside the scope of the policy coverage. For example, standard homeowners' insurance policies typically do not cover flood damage, and if the damage is due to flooding, the claim may be denied. 


A property damage lawyer, such as Kyle Staggs, Esq., can provide invaluable assistance when your insurance claim has been denied by first thoroughly reviewing your insurance policy and the denial letter. This helps to identify any potential discrepancies or unjust reasons for the denial. Understanding the specific terms and conditions of your policy is crucial in determining whether the insurer has acted in bad faith or if there are grounds for an appeal. 


What Are the Steps to Take After My Property Damage Insurance Claim Is Denied? 


  • Review the denial letter carefully to understand the reason for the denial. 

  • Gather the necessary documentation and evidence that supports your claim. 

  • Contact your insurance company to discuss the denial and request a detailed explanation. 

  • Consider filing an internal appeal with the insurance company. 

  • Consult with a qualified property damage lawyer to evaluate your unique case. 

  • File a complaint with the Florida Department of Insurance if you suspect bad faith tactics. 

  • Prepare to take legal action if all other efforts to resolve the claim fail. 


Remember, a property damage attorney can provide invaluable assistance when your insurance claim has been denied by first thoroughly reviewing your insurance policy and the denial letter. This helps to identify any potential discrepancies or unjust reasons for the denial. 


The denial letter from your insurance company will outline the specific reasons for the denial and provide information on how to file an appeal. Understanding the insurer's rationale is crucial for formulating a strong counterargument. We'll also review the specific terms and conditions of your policy which is crucial in determining whether the insurer has acted in bad faith or if there are grounds for an appeal. If you need support, please contact Kyle Staggs, Esq. today. 


Is it Possible to Refile a Denied Insurance Claim in Florida? 


Yes, it's entirely possible to refile a denied insurance claim in Florida. However, this process requires a strategic approach to ensure a better outcome the second time around.  

Consulting with a Florida property damage lawyer can be invaluable at this stage. An experienced attorney can provide legal advice, identify any potential errors in the denial, and help you navigate the complexities of the appeals process.  


The next step is drafting a formal appeal letter. This letter states why you believe the denial was incorrect, referencing specific policy language and including all supporting documentation. A well-crafted appeal letter can significantly improve your chances of a successful outcome.  


Sometimes, refiling a claim may not be sufficient to get it approved. In such cases, it's crucial to engage in direct negotiations with your insurer. If you're still facing obstacles, it might be time to consult with a property damage attorney. We can provide invaluable guidance and negotiate on your behalf. Kyle Staggs, Esq. will handle all communications with the insurance company. This includes drafting and sending formal appeal letters, negotiating settlements, and ensuring that all correspondence adheres to legal standards. This professional representation can significantly increase the likelihood of a favorable outcome. 


Can Hiring a Property Damage Attorney Increase My Chances of a Successful Claim Appeal? 


It's always helpful to have professional support. When it comes to appealing a denied insurance claim, having a property damage attorney on your side can make a significant difference.  


Lawyers specializing in property damage possess in-depth knowledge of insurance laws and regulations specific to Florida. This expertise allows us to navigate the complexities of your policy, identifying any potential areas where the insurance company may have acted in bad faith or overlooked important details.  


Our seasoned attorney will ensure that all necessary documentation and evidence are meticulously compiled and presented. This includes damage assessments, repair estimates, photographs, and any other relevant information that strengthens your case. This thorough approach often convinces insurers to reconsider and approve your claim.

  

When it comes to negotiating settlements, it's best to have legal representation to match what the insurance companies will have. An experienced property damage attorney can effectively communicate and negotiate with the insurer on your behalf, striving to achieve a favorable outcome without the need for prolonged legal battles. Kyle Staggs, Esq. is committed to helping you recover the compensation you deserve and has the resources and dedication to fight for your case, even if it means going to court.  


Claim Denied? Contact a Florida Property Damage Lawyer 


If the insurance company continues to deny the claim or offers an unsatisfactory settlement, an attorney can escalate the matter by filing a lawsuit. This legal action can compel the insurer to re-evaluate the claim more seriously and may result in a more equitable resolution. A veteran attorney will guide you through the litigation process, representing your interests in court if necessary.  


Additionally, a property damage lawyer, like Kyle Staggs, Esq. can provide peace of mind by offering legal advice, resources, and support throughout the entire process. This guidance can help you understand your rights, the potential case outcomes, and the best course of action to take, ensuring that you are not navigating the complexities of a denied insurance claim alone. 

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