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How to Reopen a Property Damage Claim

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If your insurer has underpaid or denied your claim, you may still have the option to reopen your property damage case and secure the coverage you rightfully deserve. Insurance companies might try to convince you that the case is closed, but you often have the opportunity to push back and fight for a fair settlement.

As experienced property damage attorneys, we specialize in helping homeowners achieve the compensation they are entitled to. One effective strategy is reopening a claim that appears to be closed. Here’s how the process works:

Shake Hand

Is It Possible to Reopen Property Damage Claims?

Yes, you can. After filing a property damage insurance claim, you might receive a letter, email, or phone call from your insurance company stating, “The file is now closed.” This can occur whether your claim was paid, underpaid, or denied.

What this actually means is that the insurance company considers your claim resolved and has stopped working on it. However, this doesn’t mean the case is truly closed or that you’re out of options. If you’re dissatisfied with the insurer’s decision, you don’t have to accept it. In fact, you can challenge a settlement offer or denial.

While it’s possible to do this without an attorney by contacting your insurer directly, it can be a challenging process. Insurers may insist the case is closed or become even more difficult to deal with.

So, what are your options?

How to Reopen a Property Damage Claim

1. Consult a Property Damage Lawyer

The most effective step you can take is to consult a property damage lawyer. Our team has extensive experience in the insurance industry and understands the tactics insurers often use.

We will contact the insurance company on your behalf to reopen your property damage claim and ensure your case isn’t overlooked. Having an attorney by your side can often prompt the insurance company to reconsider its decision more quickly.

Attorneys are skilled at navigating the complexities of insurance claims, giving you peace of mind. You can trust us to fight for the maximum settlement possible while shielding you from manipulation, delays, gaslighting, or further denials.

 

2. Review Your Homeowners Insurance Policy

Reviewing your homeowner’s insurance policy can provide clarity on your property damage coverage, exclusions, and limits.

If you’re dissatisfied or confused by a low settlement or a lowball offer, here’s what you should do:

  • Examine your claim and settlement letter thoroughly.
  • Review your policy to confirm whether the cited exclusions are valid and applicable to your claim.
  • Contact your insurance company for clarification if necessary.
  • Keep detailed records of all communications, including the names of employees and the details of each discussion.
  • If you speak over the phone, follow up with an email summarizing the conversation to prevent any misunderstandings.

3. Tips for Finding a Reliable Property Damage Attorney

  • They should be licensed in your state to ensure they are familiar with the property damage laws specific to your jurisdiction. For instance, if you live in Florida, you should hire a Florida-based property damage attorney.
  • They are part of a well-established and highly rated law firm.
  • They have excellent reviews on platforms like Google.
  • They offer services on a no-upfront-fee basis.
  • They have prior experience working in the insurance industry.
  • They specialize in handling property damage claims.
 

4. What to Do if the Insurance Company Won’t Change Their Stance?

If the insurance company remains unyielding despite your efforts and you haven’t yet sought professional legal support, now is the time to take action.

A property damage attorney will aggressively advocate for you to secure the maximum possible settlement. If the insurer has treated you unfairly with bad faith tactics such as delays, dishonesty, or manipulation, a lawsuit may become necessary.

In most cases, claimants end up with a higher settlement by working with a property damage lawyer (even after paying legal fees) than they would without one.

5. Mitigate Further Damage

Many people seeking to reopen their property damage claims still have areas of their home that are unrepaired. It’s crucial to take steps to prevent further damage. Failing to do so could result in your settlement being reduced or denied.

Some common examples of mitigation include:

  • Boarding up broken windows and doors
  • Securing windows and doors
  • Turning off appliances that are vulnerable to the elements
  • Parking your car away from damaged roof tiles or trees
  • Shutting off the water if there’s a leak in your home

Naturally, the severity of the damage will vary. For example, if there’s a large hole in your roof, the insurance company should assist with temporary repairs until a permanent solution can be made.

 

6. Stay Organized

By this point, you likely have a large amount of paperwork related to your property damage claim, and it will continue to grow. Staying organized is essential to avoid being manipulated by your insurer.

  • Keep all records of calls, emails, and letters
  • Ask for the names of employees during calls
  • Retain receipts for damaged or replaced items, repairs, or contractor work
  • Keep records of any repair or contractor quotes
  • Log claim details, dates, policy references, call times, and other important information
  • Take photos if the damage worsens

Contact a Florida Property Damage Attorney Today

Schedule Your Free Consultation!

If you want to reopen a property damage claim in Florida, reach out to us today.

Irina Tarnovsky, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. She gained extensive trial experience as an Assistant State Attorney at the Broward County State Attorney’s Office prosecuting crimes from Misdemeanors to violent Felonies with over 30 cases brought to verdict.  As a former attorney who represented and defended major insurance companies and a partner at her last firm, Irina Tarnovsky, Esq. was able to gain inside knowledge as to the ins and outs of litigating insurance claims. She now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies. 

Alex Lopez, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. After graduating law school, he spent 3 years working at one of the top civil litigation law firms in the country.  As a former attorney who represented and defended some of the largest insurance companies in the state, Alex Lopez, Esq., was able to gain inside knowledge as to the ins and outs of litigating insurance claims. He now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies.

No matter your situation, you can receive a free consultation today. Click Here

Common Types of Property Damage:

Our Boca Raton, Florida property damage lawyers handle cases arising from a wide range of potential threats to property, including:

Hurricane Damage

One of the most common, devastating, and unpredictable types of claims facing policyholders is hurricanes. A number of different types of events that cause damage to your home or business combine into one event. The strong winds, rain, storm surge, and flooding can all cause damage to your residential or commercial property.

Because many factors in a hurricane can be the basis for your property insurance claim complications can arise. Typically your claim will involve multiple policies including standard homeowners and flood insurance. During this process, complications can arise when one insurance company attempts to shift responsibility to the other

Wind Damage

Winds can cause severe damage to your property. Wind damage can also bring hidden damages that aren’t realized upon the initial assessment of your property. While most think windstorm claims involve flying debris, trees, and fences falling down, and broken or missing shingles or tiles they can also cause uplift damage that unknowingly compromises your roofing system.

Wind damage is typically covered in most homeowners insurance policies, however, the insurance company can use ambiguous terms in their favor that may cause your claim to be denied.

Water Damage

One of the most common types of property insurance claims is for water damage. Most homeowners insurance policies do not cover certain water damage events. This could include flooding or sewage backup. However, there is still coverage for other water-related claims like a burst pipe or a one-time sudden accidental discharge. These water damage insurance claims typically involve both dwelling and personal property coverage.

We here at Tarnovsky Law have represented several policyholders with water damage insurance claims for both home and business owners.

Hail Damage

While many people believe hail is a rare weather event hail is actually possible within two nautical miles of the parent storm in any thunderstorm, This means hail can occur practically anywhere.

Additionally, hail damage is hard to notice and can be quite expensive to fix. Areas that are prone to severe weather and that have a flat or low-slopped roof with asphalt shingles are high-risk. However, most homeowners insurance policies cover damage from hail.

Insurers often try to argue the damage suffered from a hail storm does not fit the conditions necessary for a claim. However, we here at Tarnovsky Law have helped several homes or business property owners with their wrongfully underpaid or denied property insurance claims.

Fire and Smoke

Fire and smoke damage are indeed some of the most serious and devastating property insurance claims. In addition to the property itself being damaged, there are precious memories and personal belongings that are also lost.

These losses can leave you feeling overwhelmed and unsure of where to turn.

Although fire and smoke damage can result in substantial losses, Tarnovsky Law can be your advocate during this challenging time. They can help you deal with the complexities of the insurance claim process in Florida, helping you receive the compensation you need to rebuild your life.

Bad Faith

Hidden Leaks

Hidden leaks can do a lot of damage to your property, causing significant structural damage, mold growth, and financial loss. These hidden issues often remain undetected until extensive damage occurs. A personal property damage lawyer can help you handle the complexities of insurance claims, property valuations, and legal disputes arising from hidden leaks. By understanding your rights and protecting your interests, they can mitigate losses and secure fair compensation.

Mold

Mold has the potential to silently invade homes and businesses, posing serious health risks to residents. From respiratory problems to allergies, mold exposure can be extremely distressing. Additionally, mold can cause extensive property damage, leading to costly repairs. In Florida, Tarnovsky Law can help in these cases and understand insurance coverage. It can also assist in negotiate with insurance companies, and recovering damages for health issues and property restoration.

Vandalism

Vandalism can damage property, both emotionally and financially. From defacement to property destruction, the consequences can be overwhelming. At Tarnovsky Law, a Residential Property Damage Lawyer can help you resolve the legal complexities of vandalism, including insurance claims, property restoration, and potential legal action against the offenders.

Pipe Leaks

Pipe leaks can silently damage your home, leading to structural issues, mold growth, and financial loss. A Residential Property Damage Lawyer in Boca Raton, Florida can assist with filing insurance claims, negotiating with insurance companies, and recovering costs for property repairs and restoration. In addition, they can assist you with disputes with contractors or plumbers.

FAQ's

How long do I have to file a property damage claim?

The timeframe varies by state and insurance policy, but it’s crucial to act promptly.

Can I negotiate with my insurance company on my own?

While possible, it’s often advisable to have legal representation to protect your rights and maximize your claim.

What is bad faith insurance practice?

It’s when an insurance company intentionally denies or delays a legitimate claim. A property damage lawyer in Florida can help you identify and address bad faith behavior.  

What kind of damages can I recover in a property damage claim?

Potential damages include repair costs, replacement costs, loss of use, and additional living expenses.

How long does a property damage lawsuit take?

The duration varies depending on the case’s complexity and factors like discovery and trial.

What is the role of a public adjuster in a property damage claim?

A public adjuster is a licensed professional who represents policyholders in insurance claims. While helpful, they are different from property damage lawyers.

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