Insurance Claims After A Disaster

Authored By: Lagniappe Law Lab
Read this in: Spanish / Español

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About Insurance Claims After A Disaster

This information helps people understand and navigate filing insurance claims after a disaster. 

The questions below cover many concerns about insurance after a disaster. They help navigate the complexities of filing claims and recovering them.

What You Need To Know

After a disaster, act quickly to file your insurance claim. Follow these steps:

1. Ensure safety

  • Keep yourself and your family safe. Check if your home is safe.

  • Follow local evacuation and safety rules.

2. Document the Damage

  • Take photos or videos of the damage when it is safe. Show home, belongings, and property damage.

  • List damaged items with details, purchase dates, and values.

3. Prevent Further Damage

  • If safe, cover broken windows or leaks. Don’t make permanent repairs yet.

  • Save receipts for temporary repairs; your insurance may reimburse you.

4. Review Your Insurance Policy

  • Check what your policy covers, including deductibles and limits.

  • Understand which damages are covered and collect any necessary documents.

5. File the claim

  • Contact your insurance company right away to report the damage.

  • Share initial damage details. You’ll get a claim number and an adjuster.

6. Prepare for the adjuster's visit

  • Gather documents such as your inventory, repair receipts, and disaster photos.

  • Show the adjuster the damage and provide supporting documents.

7. Keep detailed records.

  • Record all talks with your insurance, including dates and names.

  • Track the costs of temporary repairs and extra living expenses.

8. Follow Up

  • Verify that the claim progresses with your insurance provider frequently.

  • Offer essential details promptly.

9. Consider professional advice.

  • If the process is hard or the offer seems unfair, consider hiring a public adjuster or an attorney. For more information, see Finding and Hiring a Lawyer

These steps can help speed up your claim and recover after a disaster.

Accurate records of property damage are essential for successful insurance claims. Proper documentation speeds up the process and boosts settlement chances. Here's how:

  1. Record damage immediately once the area is secure. Early evidence is the best.

  2. Take photos and videos. Use a camera or phone for detailed shots. Capture all areas, inside and out. Include the source of the damage, if possible.

  3. Make an inventory list of all damaged or lost items. Describe them and note their value. Group them by room or category.

  4. Keep Damaged Items. Keep items until the adjuster inspects your property. If you must discard items, take photos.

  5. Prevent further damage. Record any temporary repairs made. Keep receipts for materials.

  6. Log communications. Record all interactions with your insurer. Note dates, names, and summaries.

  7. Check for pre-disaster photos. If you have them, use pre-disaster photos for comparison.

  8. Consider professional help. In complex cases, consider hiring an appraiser or adjuster.

The time to process an insurance claim after a disaster varies. It depends on the damage, insurance company policies, and the number of claims. Here's what to expect:

  1. Immediate Response (1-2 Days)

  • Report the Claim: Contact your insurer quickly after the disaster. They usually have 24-hour hotlines.

  1. Adjuster Assignment (Within a Few Days to a Week)

  • Contact from Adjuster: An assigned adjuster will call you. For large disasters, delays might happen due to many claims.

  1. Inspection and Documentation (1-2 weeks)

  • Adjuster Inspection: The adjuster will check the damage. This can be quick for individual claims but might take longer for major disasters.

  • Submit Proof: Provide photos, videos, and a list of lost items.

  1. Claim Processing (Several Weeks to Months)

  • Review and Estimation: The adjuster reviews the damage and your policy. They then estimate repair costs. This step's length varies based on the claim complexity.

  • Claim Decision: The insurer will approve, ask for more info, or deny the claim.

  1. Settlement Offer and Negotiation (Varies)

  • Initial Offer: After approval, the insurer will make an offer.

  • Negotiation: If you disagree, there could be negotiations.

  1. Payment (A Few Days to Weeks After Agreement)

  • Disbursement: Upon agreement, you'll receive payment. The speed depends on the insurer and payment method.

Stay in touch with your adjuster and be patient after big disasters. Keep detailed records of your interactions and claim information.

Homeowners face challenges with insurance claims after disasters. Knowing the steps can help you get the coverage you need.

Here’s what to know about filing claims:

  1. Immediate Steps:

    • Safety First: Make sure you and your family are safe.

    • Report the claim ASAP: Call your insurance company right away.

  2. Document Everything:

    • Take Photos/Video: Capture all damage before repairs.

    • Inventory Lost Items: List damaged items with their values.

  3. Understand Your Policy:

    • Know what's covered: Review your policy’s coverage details. Check to see if living expenses cover temporary accommodations.

  4. Mitigate further damage:

    • Make temporary repairs: prevent further damage and save receipts.

  5. Keep detailed records:

    • Communication Log: Track all talks with your insurer.

    • Expenses Receipts: Save all receipts related to your claim.

  6. Claim Process:

    • Adjuster’s Visit: Be present when the adjuster inspects your home.

    • Review Settlement Offer: Check the offer against your policy.

  7. Professional Advice:

    • Consider professional help: Get advice from a lawyer if your claim is complex. For more information, see Finding and Hiring a Lawyer

  8. Dispute Resolution:

For more information, see Homeowner's Insurance After A Disaster

A standard homeowners insurance policy offers wide protection against various damages. Yet, coverage varies by policy, company, and location. Homeowners examine their insurance policies thoroughly to reveal all hidden details and information. In this way, they can understand what is included and what is excluded. They should also consider extra coverage. It is for risks not in the standard policy.

Common coverages include:

  1. Dwelling: Covers structural damage. For example, damage to walls, roofs, and appliances from fire or hail.

  2. Other structures: Protects detached structures, such as garages and sheds.

  3. Personal Property: Safeguards items in the home or elsewhere.

  4. Loss of Use: Covers living expenses if the home is uninhabitable.

  5. Liability: Pays for injuries or damages caused by you, your pets, or household members.

  6. Medical Payments: Covers guests' medical expenses, regardless of fault.

Covered events typically include fires, vandalism, and theft. Yet, floods, earthquakes, intentional damage, and wear and tear are usually not covered. For more information, see Flood Insurance From the National Flood Insurance Program

For more information, see Homeowner's Insurance After A Disaster

Renters should know how to file insurance claims after a disaster.

Here’s what renters need to know:

1. Know Your Coverage

  • Personal Property: Renters' insurance covers belongings from fire, theft, and water damage.

  • Liability Protection: This helps if someone gets hurt in your rental.

  • Additional Living Expenses (ALE) pays for temporary housing. It does this if your home is unlivable.

2. Steps After a Disaster

  • Safety First: Ensure your safety and follow evacuation orders.

  • Document Damage: Take photos or videos of the damage for your claim.

  • Notify your landlord: Tell your landlord about the damage quickly.

3. Contact your insurance.

  • Report Loss: Call your insurance to report damage as soon as possible.

  • Understand the claims process: Ask about forms and required documentation.

4. Prepare Your Claim

  • Inventory Damage: List all damaged or lost items, with details and values.

  • Keep Receipts: Save receipts for immediate repairs; they may be reimbursable.

5. Filing Your Claim

  • Submit Documentation: Send your claim form, proof of damage, and inventory list.

  • Cooperate with the Adjuster: Provide information to the insurance adjuster.

6. Follow Up

  • Stay in contact: Check your claim status and respond to requests promptly.

7. Review the offer

  • Assess Settlement Offer: Review the insurance offer carefully for adequacy.

  • Negotiate if needed: If the offer is low, negotiate with supporting evidence.

8. If denied or unsatisfied

For more information, see Renters Insurance After A Disaster

Renters insurance can protect tenants during disasters. It covers damages and losses, but details vary by policy.

Here are common coverages under a standard renter's insurance policy:

  1. Personal Property Coverage: This covers the repair or replacement of personal belongings. These include things like furniture and electronics. It protects against fire, theft, vandalism, and specific weather damage.

  2. Liability Protection: This protects you if someone gets hurt on your property. It covers legal costs and court awards up to your policy limit.

  3. Loss of Use: This covers "loss of use." If your home is unlivable, it pays for extra living costs, like hotels and meals.

  4. Medical Bills: This pays medical bills for injuries in your home. It pays no matter who is at fault.

However, renters insurance may not cover:

  • Natural disasters: Events like earthquakes and floods often require separate policies.

  • Roommate's Belongings: Your roommate's belongings are not covered. Unless you list your roommate on the policy; this is the case.

  • High-Value Items: Jewelry and art may need extra coverage due to limits.

  • Vehicle Damage: Damage to cars is not covered; auto insurance handles this.

Examine your policy thoroughly and discuss details with your agent. Knowing your protection helps you decide on any needed extras.

For more information, see Renters Insurance After A Disaster

Check if your homeowners' insurance covers Additional Living Expenses (ALE). Follow these steps. ALE, or "Loss of Use," pays for extra living costs when you can't stay at home due to insured damage. Here's how to review and understand your policy's ALE coverage:

  1. Look at the Declarations Page.

  • This page summarizes your policy. It lists your ALE coverage, if any. Look for "Loss of Use" or "Additional Living Expenses."

  1. Review the policy details.

  • If the Declarations Page mentions ALE, check the policy. It states what is covered. It also states when coverage is available and any limits or exclusions.

  • ALE usually covers hotel, meals, laundry, and other extra living costs during repairs.

  1. Understand the limits.

  • ALE has a cap, often a percentage of the dwelling coverage or a fixed amount. Time constraints might also limit it.

  • Some policies offer unlimited ALE for a reasonable repair period.

  1. Check for conditions and exclusions.

  • Policies might exclude extras like home upgrades. They may not cover such costs.

  • ALE often kicks in during mandatory evacuations, but this varies.

  1. Contact your agent or company.

  • If you're unsure, reach out for clarity on your ALE coverage.

  • Ask about claim requirements, such as extra expense receipts.

  1. Consider Endorsements.

  • If your policy lacks ALE, ask about adding it. If it is not enough, ask about increasing it with an endorsement.

How To Deal With Insurance Claims After A Disaster

How To Deal With Insurance Claims After A Disaster

Dealing with insurance claims after a disaster is tough. It needs patience and careful paperwork. Understanding your rights and policy details helps a lot. If needed, ask professionals for advice. This ensures you get fair compensation.

Here are steps to guide you through insurance claims.

Steps To Deal With Insurance Claims After A Disaster

  • Safety First: Ensure that you and your family are safe. Follow local emergency instructions. Do not go home until someone declares it safe.

  • Document any damage: Do this as soon as it's safe. Take photos or videos of your property and any damaged items. This evidence is crucial for your insurance claim.

  • Notify Your Insurance Company: Contact your insurer soon after to report the damage. They will guide you on the next steps and how to file your claim.

  • Detailed Inventory: Make a detailed list of damaged or lost items. Include their age, purchase price, and estimated replacement costs.
  • Contact your insurance company: Do this as soon as possible to start the claims process. Provide them with a general description of the damage. 

  • Claim Filing: Fill out claim forms thoroughly. List the damages. Also, provide any evidence (photos, videos) for your claim.

  • Keep Records: Document all communications with your insurance company. Keep a log of conversations, including dates, names, and what was discussed. This can be crucial in case of disputes. 

  • Claims Adjuster: The insurance company will send an adjuster to inspect the damage. This person assesses the extent of the damage and estimates the cost of repairs. It's good to be there during the adjuster's visit. This will ensure that they see all the damage. 

  • Independent Adjuster: If you're unhappy with the insurance adjuster's assessment, you can hire an independent adjuster for a second opinion.

  • Review the Settlement Offer: Check the insurance offer to see if it covers your losses. Don’t accept the first offer if it isn't enough.

  • Dispute Resolution: If you disagree, negotiate with your insurance company. For ongoing disputes, think about mediation.

  • Legal Advice: Consult a lawyer if you can’t reach a good agreement. For more information, see Finding and Hiring a Lawyer

  • Repair and Rebuild: After agreeing on the settlement, start repairs or rebuilding. Hire good contractors and keep all repair receipts for your insurer.

  • Review Your Policy: Disasters may reveal coverage gaps. After claims, check if you need more coverage.

  • Disaster Preparedness: Make your property stronger against disasters. Reinforce structures, improve drainage, and use fire-resistant materials.

Other Issues To Consider

Other Issues To Consider

Consider the other questions and issues related to insurance claims after a disaster. 

Other Issues To Consider

You can reach out for help if you have trouble reaching your insurance company after a disaster. Consider the following:

  1. Louisiana Department of Insurance (LDI)
    • Contact the LDI: The LDI can assist if you're unable to reach your insurance company. They can help ease communication. They can address concerns with insurers in the state.
      • You can call their helpline for immediate help.
      • Online, go to the LDI website to find contact information. You can also file a complaint or use online resources for disaster claims.
      • The LDI may also have local offices in affected areas. They may also have disaster response teams there.
  2. Disaster Help Organizations
    • Groups like FEMA and the American Red Cross can provide instant help and advice. They assist with insurance issues after a disaster.
      • FEMA offers disaster aid. They might also help if you cannot reach your insurer.
      • The American Red Cross provides quick relief. It also advises on what to do next after a disaster.
  3. Legal Help
    • If you have problems with your insurance company, consult an insurance lawyer. They can give you advice. They can negotiate on your behalf. They will protect your rights. For more information, see Finding and Hiring a Lawyer

Having an insurance claim denied is frustrating and stressful. Here are the steps to address a denied claim:

  1. Understand the reason for denial.

    • Review the denial letter: Insurers must explain why they denied the claim.

    • Clarify Coverage: Misunderstandings about coverage can lead to denials. Understand the reason for denial to plan your next steps.

  2. Review Your Insurance Policy

    • Examine Policy Details: Check your policy for coverage and exclusions. Find terms that support your case.

    • Seek advice from an insurance expert or lawyer. They can help with the denial. For more information, see Finding and Hiring a Lawyer

  3. Gather additional information and documentation.

    • Collect evidence: Gather documents that support your claim, such as photos or reports.

    • Document Communications: Keep records of all communications with your insurer.

  4. Submit a written appeal.

    • Formal Appeal: Write a letter to appeal the denial. State the reason for covering the claim and provide supporting documents.

    • Follow the insurer's appeals process. Stick to the process in your policy or denial letter.

  5. Contact the Louisiana Department of Insurance (LDI)

    • File a Complaint: If the denial seems unfair, file a complaint with the LDI. They can help mediate disputes and ensure compliance with insurance laws.

Getting an insurance settlement after a disaster can affect your taxes. Here are some key points:

  1. Property Damage Settlements

    • Usually Not Taxable: Settlements for property damage are often not taxed. They help to restore your property.

    • Exceptions: If you get more than the property's value, the extra could be taxable.

  2. Living Expenses Reimbursement

    • Payments for extra living costs due to a disaster are usually not taxed.

  3. Business Property

    • Different Rules: Settlements for business property have different tax rules. You may need to adjust the property's value.

    • Business Interruption Insurance: Payments for lost income are usually taxed as regular income.

  4. Deducting Unreimbursed Losses

    • Casualty Loss Deduction: If insurance doesn’t cover all your losses, you can claim a deduction. This applies only to federally declared disaster areas.

    • You must itemize deductions. Your loss must exceed $100 and 10% of your AGI.

  5. Tax Basis Adjustments

    • Adjusting Your Basis: After a payout, you might need to adjust your property's tax basis.

  6. Reporting Requirements

    • Reporting Excess Proceeds: If part of your settlement is taxable, report it on your tax return. Consulting a tax professional can help.

  7. Consult a tax professional or lawyer.

    • Professional Advice: Tax laws are complex. It’s smart to get advice from a tax expert or a lawyer based on your situation. For more information, see Finding and Hiring a Lawyer

For more information, see Tax Relief After A Disaster

Last Review and Update: Jul 23, 2024
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