Here on the Gulf, we are no strangers to severe weather, including strong winds, heavy rains, and all the intensity Mother Nature can throw at us. We’ve seen destruction and devastation and know all too well what the road to recovery looks like. Unfortunately, we also know that this long road to rebuilding our homes after wind and storm damage often includes unfair and illegal insurance practices.
If you’ve filed a wind insurance claim in Louisiana only to have it denied or underpaid, you may be left wondering where to turn next. In addition to filing an appeal, there are two types of professionals you may want to call upon for assistance: a public adjuster and an insurance law attorney. Both professionals work on the homeowner’s behalf (not the insurance company’s) and their advocacy means you stand a fighting chance against your insurance provider.
When to Hire an Attorney for Your Wind Damage Claim in Louisiana
Public adjusters and attorneys represent policyholders during the claims process. Public adjusters’ expertise is best suited for help during the claims process. This includes gathering all documentation, valuing the damage, and submitting the claim. If you lack experience, don’t have time, or find yourself in another situation such as having a complex claim or one that has been undervalued by your insurance company, a public adjuster can assist.
An attorney, on the other hand, may be required if there are legal issues or disputes that a public adjuster cannot resolve. Here are some scenarios when you might need an attorney to help with your wind damage claim in Louisiana:
- Your claim has been denied – If your wind damage claim has been denied by the insurance company, an attorney can evaluate the reasons for denial and determine if you have grounds to challenge it.
- Bad faith – Bad faith is when an insurance company fails to fulfill its obligations to the policyholder in a fair and reasonable manner. It involves acting dishonestly, unfairly, or with improper motive when handling a claim. Louisiana Revised Statute § 22:1973 governs the practices insurance companies must follow regarding their good faith obligations. Specifically, insurance providers have a duty of good faith to adjust and pay claims fairly and promptly after a homeowner files a claim. If you suspect your insurance company is acting in bad faith, an attorney can help you pursue legal action against the insurer.
- Disputed claims – If there is a disagreement between you and the insurance company regarding the extent of the damage or the appropriate compensation, an attorney can represent your interests in negotiations, mediation, or court.
- Litigation – If negotiations fail and you need to file a lawsuit against the insurance company, an attorney can represent you in court and handle all legal proceedings.
Insurance malpractice is a real threat to homeowners in Louisiana. Insurance providers have an entire team of attorneys working on their behalf, and their intent is often to leave individual property owners out to dry. If you have been treated unfairly during your wind insurance claim, we recommend leveling the playing field by talking with a New Orleans insurance law attorney.Proving bad faith in Louisiana requires a thorough understanding of insurance law, evidence gathering, and legal procedures. Our team at Kandell, Kandell & Petrie can assess your case, advise you on the best course of action, and represent you in negotiations or court proceedings. Contact our team today to speak to one of our claims advisors in New Orleans.
