How to Fight a Denied Homeowners Insurance Claim
Posted on Wednesday, March 20th, 2024 at 9:00 am
A roof leak, house fire, flooding, or even a tree falling on your house – if one of these misfortunes befalls your house, you’re grateful that you have homeowners’ insurance. Unfortunately for many homeowners in Ohio and Kentucky, a denied homeowners insurance claim can leave them with unfinished repairs or exorbitant bills.
If your insurance company denied your claim, you have a few options for disputing a home insurance issue. In some cases, you can appeal homeowners’ insurance claim denial with the insurance company, following the protocol outlined in your policy. Other times, though, you may need a lawyer to intervene to get you the money you need to repair the property damage.
Filing an Appeal with Your Insurance Company
After the claim is denied, your first step is to appeal the claim with the carrier. Each insurance company has its own procedure for appealing a claim. Perhaps you didn’t submit the right documentation for your claim or made a mistake on the form. The denial letter the carrier sent you should list the reason for the denied claim.
If it’s a simple fix, like sending in additional documents or rectifying an error, this should solve your problem. However, if the denial is for another reason, one that seems unreasonable or incorrect to you, or if there is no reason for the denial, then it’s time to escalate your reaction to get your money.
Filing a Complaint with Your State Department of Insurance
Kentucky and Ohio each have a Department of Insurance overseen by insurance commissioners. These departments ensure that insurance carriers operating in that state comply with the applicable state laws.
If you live in Ohio, you can file a complaint online with the Ohio Department of Insurance or call its offices and speak to a representative about your claim. Kentucky homeowners can file a claim online with the Kentucky Department of Insurance.
The Department of Insurance may investigate the carrier for bad faith practices, and you may get your initial claim paid if the investigators determine that the insurance company acted in bad faith. However, many homeowners sustain further damage if their claim is denied. If you needed your roof repaired after a storm, for example, and didn’t get the money for it, the leaking roof could lead to water damage and good conditions for mold and mildew to start forming. In cases like these, your total financial losses are higher than they would have been if you had gotten the initial claim approved.
Your state Department of Insurance may not be able to secure the money you need because your house sustained additional damage. In this case, you should talk to a lawyer familiar with securing compensation for your additional damages.
Filing a Lawsuit for Bad Faith Insurance Practices
Consider a lawsuit for home repair costs and compensation for suffering and losses due to an unlivable house.
A bad faith insurance claim lawsuit, filed in an Ohio or Kentucky civil court, is the legal vehicle for claiming compensation for all the losses you suffered because of the initial claim denial.
Your lawyer can draft the complaint, file the lawsuit, and attempt to negotiate a settlement with the insurance company. If that is unsuccessful, then they can take the case to trial.
What Documents Do I Need to Fight Home Insurance Claim Denials?
You and your lawyer may need to prove that the insurance company acted in bad faith. Proof for underpaid claims can come from estimates or appraisals by an independent appraiser. Consider consulting unbiased experts to value your claim.
Evidence of bad faith insurance claims can include incomplete investigations, incorrect claim denials, and damage caused by denied claims. Photos and videos of the damage can be used to fight denied insurance claims.
Do You Need Help After a Denied Home Insurance Claim?
At Lawrence & Associates, we work with homeowners in Ohio and Kentucky who have had valid homeowners’ insurance claims denied. If you have proper insurance coverage and your insurance claim is denied, we can help you learn your options for filing a complaint with the state, appealing the claim with the insurance carrier, or filing a bad faith insurance claim lawsuit in Ohio or Kentucky civil court. Call Lawrence & Associates at (513) 351-5997 today. Our team of attorneys offers a free consultation.
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