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Home Insurance Isn’t Enough: You Need the Right Lawyers, Too

December 5, 2023 by Susan Paige

People buy home insurance to get peace of mind for their property. After all, a home is where their family lives, and it’s a long-term investment stabilizing their finances. It needs serious protection.

But that isn’t the whole story. Even if you get the most robust home insurance coverage possible, the settlement you receive in the event of a catastrophe may differ immensely from what you expected.

Let’s check out how the best property damage lawyers can deliver what homeowners think they are entitled to from their insurance coverage alone. 

Claims Adjusters Aren’t Always Clear and Communicative

Don’t think that because you spent a lot of money to insure your home the claim will be submitted automatically or promptly. You may not be in the mood to gather information for the claims adjuster, but you’ll need information from them, and you must establish a back-and-forth. 

It is also misguided to think that because you have a limit of insurance for either your contents or structure, that will be the value you should be paid out. The policy puts limits and conditions on how much of that pool of money you are entitled to. This language can be quite complex and difficult to understand. Insurance lawyers are experienced in interpreting the insurance contract and holding insurance companies to their duties under that contract. 

Your claims adjuster will tell you what your obligations and responsibilities are, what next steps you need, the timeline for them, and what you should expect from the insurance company. Insurance lawyers can step in and streamline the claims process if you don’t get this information upfront from the adjuster. 

If the claim is a major one, say, in the event of a house fire or flood, a lawyer’s intervention becomes even more important. The property damage lawyers at Virani Law can step in and ensure the process is followed properly and that your settlement represents a fair resolution and full indemnification of your loss.  

Insurers Often Underestimate Structural Repairs

If insurers err in estimating the price of the repairs, it’s usually on the side of underestimating their costs. Perhaps you differ about what does and doesn’t need to be fixed or replaced, never mind their final costs. These would be described as issues with the scope of work for the repairs. 

Many insurers haven’t adjusted their settlements to reflect the surging price of construction. The cost of a repair in November 2023 is very different from the same job only a few years ago. The insurer might claim their prices do reflect inflation, but that doesn’t mean it reflects the full cost.

Don’t get stuck paying for home insurance and for the surging costs of home repairs! There are even worse ways to get trapped. For example, if the insurance company’s settlement is too small, your mortgage lender may close your mortgage and take the insurance payment for themselves if they’re co-payable on its Structure portion. 

Appreciate Depreciation

How exactly is your insurance coverage worded when it comes to replacing your belongings? Guaranteed Replacement is not the same thing as Actual Cash Value coverage. Replacement Cost coverage entitles you to have replaced everything you lost beyond your deductible but up to your coverage limit. There is likely a time limit hidden in the fine print of your policy which limits the window you have to be entitled to full replacement cost. You will have to keep receipts for the items you replace to submit to the insurer, but are held to the standard of buying the exact same item that was damaged or destroyed. 

Actual Cash Value coverage is different. In this arrangement, the insurer will pay the cost of what the damaged or lost goods are worth today, which factors in depreciation. If you bought a laptop or other electronic a few years ago, it would be worth hundreds or possibly thousands less today than it cost at the time. Not only is its condition worse, but even brand new, that model may be obsolete or considerably behind the times. Don’t assume that because you have some type of insurance coverage your coverage is airtight. Insurance companies are known to undervalue content claims, especially when the list is substantial. 

Lawyers Help When You Need It

If there’s ever a time to be understandably stressed or anxious, it’s after your home has suffered catastrophic damage. The last thing you’ll want to do is split hairs about the fine print in your insurance claims and negotiate with your provider.

Property damage lawyers are experienced in navigating these murky waters. Some have been on both sides of the equation, with their homes also suffering considerable property damage requiring insurance! They get how unfamiliar and alienating the process can be and can help you get the financial settlement you deserve while calming down your nerves and assuaging your anxieties. 

Look for a lawyer willing to listen to your case and give you a free consultation about strategic next steps. They’ll ensure you understand the process, provide the legal access you need, and get you the fair settlement you deserve. If you accept the insurance company’s first offer, you might be leaving a lot of money on the table. Leading property damage lawyers can negotiate considerably higher sums. 

Many people make the mistake of only learning the details of their home insurance coverage after a disaster has already struck, and it’s too late. No matter how prepared you are or what level of insurance you have, consider hiring a property damage lawyer to make the process smoother and increase the size of your settlement. 

 

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