My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (2024)

A large portion of Floridians do not carry flood insurance due to the cost and are having to pay out of pocket for expenses caused by the storm, leaving many without options. Those who do have flood insurance are struggling to get their claims fulfilled by insurance companies.

If your insurance company has denied, underpaid, or given you a partial payment for your damage claim, contact the attorneys at Florin|Roebig today.

How Hurricane Ian Affected Florida Homeowners & Property Owners

Hurricane Ian was a catastrophic hurricane when it made landfall in southwest Florida in September 2022. The amount of flood damage sustained by residential and business properties was devastating. Many residents of Florida who could not afford flood insurance lost everything they had.

The storm surge from Hurricane Ian reached up to 15 feet in some places, destroying many lower levels of homes through water damage.

The wind damage from Hurricane Ian was also devastating, ripping off roofs, siding, tearing down fences, and blowing away any property that may have been outside.

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Hurricane Ian Insurance Claim Closures & Low Payouts

A recent report states that losses covered by insurance have now reached $16.7 billion, most likely due to the fact that statewide, property damage claims have increased by 738,441. Insurance providers have been caught grossly underpaying their client’s property damage claims.

Insurance companies have been reducing claims by 45-97% and then closing out the claim, leaving many insured Floridians having to pay out-of-pocket for their property repairs, or replacement in many cases.

Insurance companies have been wrongfully underpaying their client’s claims for reasons such as:

  • Claiming the damage was caused by something other than Hurricane Ian
  • Claiming there is not enough proof of damage
  • Denying parts of claims so that they no longer meet the deductible needed for coverage
  • Claiming that part or all of the damage is due to flooding, which they do not cover
  • Claiming that there is no damage done to your house
  • Insurance companies often claim the damage was due to negligence by the homeowner

The Florida Office of Insurance Regulation is investigating complaints of insurance companies paying way below what the claim is for, and then closing the case quickly. This can be illegal, if your claim meets the requirements to be fulfilled.

If you think your insurance claim has wrongfully closed your insurance case, and either underpaid or denied payment, contact the lawyers of Florin|Roebig today. You deserve to have your claim fairly processed.

Factors That Affect Insurance Claim Closures

Many homeowners insurance policies cover wind damage and water damage that occurs from the roof down. This can be frustrating for many Florida residents who were told that their insurance policy covered flood damage.

When you file a claim, there are many reasons your claim may be wrongfully closed without payment for your damaged property.

Some of the reasons your insurance claim may be wrongfully closed include the following:

  • The homeowner’s insurance does not cover flood damage. Many insurance companies do not provide flood coverage, and therefore they may try to claim that your damage was 100% caused by flooding, and not wind or water damage. They may do this in order to save money.
  • The damage does not exceed the deductible. In many cases, Insurance companies are whittling down claims – for instance, saying a large portion of damage is caused by flooding – until the amount of your claim does not meet your deductible, and therefore the cost of repairs is up to you.
  • Denial of Coverage. Insurance companies often have their adjusters out to look at the damage to your property. Insurance companies often encourage their insurance adjusters to find that the damage was pre-existing due to wear and tear, which is not covered in many, if not all, insurance policies.
  • Claim withdrawn by the insured. If the insured decides not to follow through with the insurance claim for some reason, they may withdraw their request. Insurance companies sometimes wrongfully close a claims case, saying that it was withdrawn by the insured. If this is not correct, contact an insurance claims attorney at Florin|Roebig today.
  • No damage. If the insurance company does not receive proof of damage or the insurance adjuster claims there is no damage to the property, your insurance claim will be closed. In some cases, evidence of damage has been lost, or purposely misplaced, so that the claims case must be closed. This is wrong, and if you think your insurance company has done this, you may want to seek legal help.

Underpaid Hurricane Ian Insurance Claims

The damage caused by Hurricane Ian was immense, and many policyholders were stunned when they found that their insurance claims had been cut by 45-97%. In some cases, this resulted from their claim amount being lower than their deductible, which led to a denied claim.

However, it is also not uncommon for insurance claims to be adjusted after being filed. The insurance company sends an adjuster from their company to examine the damage and decide if the monetary amount being claimed for repairs or replacements is correct.

Some of the reasons a claim amount may be changed by the insurance company include:

  • The damage was caused by natural wear and tear
  • The damage was caused by something other than wind or flooding
  • Failing to maintain the property
  • The damage was present prior to the storm

Unfortunately, with insurance companies being inundated with claims after massive storms like Ian, they will do whatever they can to mitigate their losses. This can sometimes mean denying rightful insurance claims.

As of March 2023, there are still 33,000 Hurricane Ian claims open, and more than 125,000 claims were closed without payment. Hurricane Ian was the costliest natural disaster of 2022, and the recovery process is slow and expensive.

If you think your insurance claim has been wrongfully underpaid, you have options. If you are considering taking legal action, contact the law offices of Florin|Roebig. With nearly 40 years of experience and $1 billion in case awards won to date, we have the knowledge and experience to help you fight for the compensation you deserve.

What to Do If Your Hurricane Ian Insurance Claim Is Closed & Underpaid

If your insurance claim for property damage caused by Hurricane Ian is closed out after being underpaid, you may think you do not have options. However, there are steps that you can take to get your claim re-evaluated.

The first thing you need to do if your Hurricane Ian storm damage claim is denied is to review your rejection letter carefully. The letter they send will have their reasons for rejecting your claim explained.

If one of the reasons is a lack of evidence, you may need to take more pictures or hire a third-party public adjuster to come and take a look at the damage.

If their reasoning is invalid, you may consider seeking an insurance attorney for legal advice. If your claim meets all the criteria, you must be paid your claim. If your insurance company fails to do so, they can be acting in insurance bad faith, leaving them open to disciplinary actions.

What to Do If You Received a Reduced Hurricane Ian Insurance Payout

You may think the insurance claim process is over if you have had your claim approved, however there are many instances in which insurance companies have underpaid their client’s claims.

If you think your insurance company has underpaid your claim, the first thing you need to do is contact a Florin|Roebig insurance claims lawyer. During your free consultation, the insurance claims attorney will review your case and let you know what their legal opinion is.

It is important to understand that even though a claim can be denied for valid reasons, an underpayment cannot stand if:

  • Your insurance is paid in full
  • You have met your insurance deductible
  • Your claim is valid

Insurance companies are not legally allowed to underpay you. When you sign a contract with an insurance company, you agree to pay an insurance premium and they agree to provide financial protection for your property.

If your insurance has underpaid your claim, contact the insurance lawyers at Florin|Roebig today.

Hurricane Ian Insurance Claim Denials

According to the Florida Office of Insurance Regulation, 647,924 claims have been filed as a result of Hurricane Ian. Many of these claims, unfortunately, are expected to be denied by insurance companies due to the receding flood insurance industry in Florida.

There are certain factors that can cause your insurance company to deny your hurricane insurance claim. These factors can include the following:

  • Your damage was pre-existing
  • You have reached your insurance coverage limit
  • Failing to mitigate damage
  • Your insurance policy does not cover the type of damage you received
  • Not filing your paperwork on time
  • Not providing enough proof of the damage
  • Not adequately preparing for a hurricane

As of March 2023, almost 40% of hurricane insurance claims have been denied. In the aftermath of Hurricane Ian, there were 683,456 claims filed for hurricane damage, and 169,355 of those claims have already been denied.

If you feel like your claim was denied without cause, contact the Florin|Roebig law firm today for a free consultation and case evaluation.

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My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (1)

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (2)

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (3)

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (4)

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (5)

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (6)

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (7)

Find an Experienced Hurricane Ian Insurance Claims Attorney

The aftermath of a hurricane is devastating and chaotic. There is often a ton of damage done to homes and businesses, some of which cannot be replaced. The last thing you need is for your insurance company to try to underpay or deny your claim outright.

If your property insurance company has underpaid or only partially paid your claim, call the attorneys at the law offices of Florin|Roebig. With decades of experience in getting clients the compensation they rightfully deserve for their hurricane damage, the attorneys of Florin|Roebig are ready to fight for you today.

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? (2024)

FAQs

My Hurricane Ian Claim Was Partially and Under Paid Then Closed: What Now? ›

Find an Experienced Hurricane Ian Insurance Claims Attorney

How long does an insurance company have to settle a hurricane claim in Florida? ›

If your property was damaged by a hurricane in Florida and you submit a claim for damages to your insurance company, they must respond to your claim within 14 days and they must either deny, fully pay, or partially pay the claim within 90 days.

What happens to unpaid insurance claims? ›

If you can't pay the bill, the insurance company may allow you to pay over time. This will depend on the company. They are not obliged to do this and may demand payment in full. If you don't pay the bill, they might hire a collection agency.

What happens to money left over after insurance claim? ›

If you have leftover claim money after the designated repair work is completed, you're technically entitled to keep that money if your insurer doesn't ask for it back. However, your mortgage lender or contractor typically control how your claim payout is used — not you.

How does insurance work after a hurricane? ›

Most property insurance covers wind-related damages from hurricanes under the broader category of “windstorm.” Wind coverage may be excluded if you live in a coastal area at high-risk for tropical storms and hurricanes. Standard insurance policies do not cover flooding, including storm surge flooding.

How long does insurance company have to pay settlement in Florida? ›

If the claim is approved, the insurer is then obligated to settle the claim—that is, to make payment to the claimant—within 20 days. This regulatory framework ensures that, under normal circ*mstances, an insurance claim in Florida should be settled within a maximum of 120 days from the date of filing.

Can my health insurance company take part of my settlement in Florida? ›

Your health insurance will also assert a lien against any settlement proceeds. However, Florida law requires that if you have an attorney for your claim the amount that must be repaid for the health insurance lien or the med-pay lien will be reduced based on the percentage of the attorney's fee and their costs.

What if insurance doesn't pay enough? ›

File a Lawsuit

Negotiating with the insurance company should be your first step in trying to get a larger insurance settlement. However, it may not be successful, and you should be prepared for that outcome. You may need to take your case to court if you cannot negotiate a settlement.

What does it mean when a claim is closed progressive? ›

In general, when an insurance claim is “closed”, it means the insurance company, in this case, Progressive Insurance, has finished its review and made a final decision on the claim. It means that they have reviewed the claim and made a final determination, such as: Paying out on the claim (in full or in part)

What is the claim settlement process? ›

Claim settlement is one of the most important services that an insurance company can provide to its customers. Insurance companies have an obligation to settle claims promptly. You will need to fill a claim form and contact the financial advisor from whom you bought your policy.

What not to say to a home insurance adjuster? ›

Admitting Fault, Even Partial Fault.

Avoid any language that could be construed as apologetic or blameful.

What happens if insurance claim is less than excess? ›

An excess is the uninsured portion of your loss or the amount of the claim that you must pay for. If the claimed amount is less than the excess, your insurer won't make any payment.

How long does an insurance company have to refund your money? ›

The Commissioner's Bulletin requires insurance companies to provide a premium credit, reduction, return of premium, or other appropriate premium adjustment as soon as possible, and no later than August 2020.

What does an insurance adjuster do after a hurricane? ›

An experienced wind and hurricane claim adjuster- a public adjuster- has the skills, time and resources needed to document your claim, compile a comprehensive claim package and negotiate the largest possible settlement with the least amount of hassle from the insurance company.

Do hurricane claims count against you? ›

Having your insurance policy canceled or premiums raised is a scary thought because it would put many homeowners in jeopardy of losing their homes in the event of a disaster. An insurance company can't cancel your policy because you made a claim for hurricane damage.

What is the maximum hurricane deductible in Florida? ›

What are the hurricane deductible options? All insurance companies must offer hurricane deductible options of $500, 2 percent, 5 percent, or 10 percent of the policy dwelling or structure limits, unless the specific percentage deductible is less than $500.

How long does an insurance company have to make a decision on a claim in Florida? ›

In Florida, insurance companies have 90 days to either pay your claim in full or in part or deny your claim. If they fail to do so within this timeframe, you are entitled to receive interest on your claim.

Can you sue an insurance company for taking too long Florida? ›

Florida law allows you to pursue a civil claim when your insurance company fails to honor your contract or otherwise works against your best interests. Examples of bad faith practices can include: Refusing to pay for a policyholder's legitimate case. Failing to investigate your claim within a reasonable period.

What is the statute of limitations for insurance claims in Florida? ›

If so, Florida law grants you a five-year statute of limitations to initiate an action against the insurance company. Hurricane-related claims are very different, as there's a specific law that requires you to provide notice to your insurer within a year from the date the storm made landfall.

How many days does an insurer have to pay or deny a claim in Florida? ›

(e) A claim must be paid or denied within 120 days after receipt of the claim.

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