The recent historic flooding that devastated Fort Lauderdale should leave you with one question – Am I Covered? With recovery slowly taking place and more storms ahead, you should know who is liable for covering your property damage in the event of flash floods, severe storms, or hurricanes.
Insurance policies are available to cover property damage to your house or car during a storm, but this coverage must usually be added to your basic homeowner or car insurance. If you do have coverage, your insurance company must make a good-faith effort to settle your claim. Without coverage, you will be liable for the damages that result. In other cases, you can file a lawsuit if your insurance company is holding back payment in bad faith.
Who Covers Property Damage from Flooding or a Car Accident in Ft. Lauderdale?
As increasingly more dangerous flooding and hurricanes occur in Ft. Lauderdale, it is important to know who is responsible for covering your property damage. Without the appropriate insurance, you could be on the hook for damage and subsequent repairs to their homes or vehicles. As flooding has reached historic levels, it has never been more critical to have the right insurance to cover you when a severe storm hits.
Insurance companies are typically responsible for paying damages when flooding damages a policyholder’s property, or a storm causes them to get into a car accident. However, insurance companies are only required to cover what is included in your policy. For instance, if your home was damaged by flooding, you will usually need to have separate flood insurance in addition to your homeowner’s insurance to recover compensation. Further, your homeowner insurance might only partially cover the damage done by a hurricane if you do not possess additional coverage for named storms.
In most cases, homeowner’s insurance will not cover vehicles that were parked at the home. However, your auto insurance could cover these damages if you have comprehensive coverage on your policy. You should speak with an Ft. Lauderdale car accident lawyer for help, as insurance laws and procedures in Florida are notoriously complex. If you have a car insurance policy, it will include Personal Injury Protection (PIP) for injuries caused in a car accident. If you suffered damages in a car accident caused by a storm, it might be possible to go through your PIP insurance to have your losses covered.
What If the Insurance Company Does Not Want to Pay for Damages in Ft. Lauderdale?
Recovering compensation for flooding and storm damage can be challenging as insurance companies routinely deny these claims. Some claims are fairly denied, perhaps because the insured does not have the right coverage or failed to pay their monthly premiums. However, many claims are unfairly denied because an insurance company is acting in bad faith.
Suing for Bad Faith
Under Florida law, insurance companies have a duty to act in good faith when dealing with claimants. This means insurance companies must attempt to settle claims when all circumstances indicate they should. If the insurance company intentionally acts unfairly or dishonestly with regard to your interests, they can be sued for bad faith. However, you cannot file a bad faith lawsuit if the insurance company merely acted negligently in failing to pay your claim.
For example, an insurance company acts in bad faith if they make claim payments to an insured without providing a statement indicating the coverage that payments are being made under. It is also considered bad faith if an insurance company fails to promptly settle a claim when its obligation to do so is reasonably clear under any portion of the insurance policy. Fortunately, you are not required to prove that an insurance company’s bad faith actions occurred with such frequency as to indicate a general business practice.
The Written Notice Requirement for Bad Faith Lawsuits
The law does give insurance companies the opportunity to correct what could be perceived as bad faith allowing them 90 days to pay the claim amount. Before you can file a lawsuit for bad faith, you must notify the insurance company in writing of the alleged violation and allow 90 days for them to respond. Your written notice should include your name, policy number, and the facts of your claim. You must also explicitly state that your notice is given in anticipation of pursuing a legal remedy through a civil lawsuit.
You will not have a right to sue for bad faith if the insurance pays within 90 days. However, if the 90 days pass without payment or word from the insurance company, you are free to file your lawsuit.
What Steps Can I Take as More Storms and Hurricanes Hit Ft. Lauderdale?
Preparing for storm and flooding damage before it is caused is the best way to limit your damages. For starters, having the right insurance coverage for the situation could prevent you from having to cover your own costs. You also will want to be aware of what your deductibles are for your policies since you will need to pay these costs before receiving compensation. Of course, reviewing insurance documents can be difficult, which is why having legal counsel can help ensure that you do not make a costly mistake – a Fort Lauderdale car accident attorney can walk you through these complexities and help you determine what your case is worth.
