When to Hire a Homeowners Insurance Lawyer
A homeowners insurance lawyer can be an important ally when your claim goes wrong. Experts say claim disputes are often about the value of property lost or damaged.[1] But several other reasons could prompt you to contact a legal professional for assistance.
Understanding the Complexity of Homeowners Insurance Claims
Your homeowners insurance policy includes plenty of details about what is and is not covered. It should also tell you how to file a claim and what sorts of events are covered. While things may seem very straightforward, tackling the process isn’t always easy.
Insurance companies can use delays, lowballing, denials, and other tactics to lower your expected payout. Sometimes, these issues stem from simple misunderstandings you can clear up with a phone call. But sometimes, you need an outsider’s help to set things right.
A lawyer is an expert in your rights and can represent you in court, if needed. Keep reading to find out why some people need legal assistance.
Key Facts
Key Facts
- Close to 6% of homes had a homeowners insurance claim between 2017 and 2021.[2]
- Close to 2% of homeowners had a claim caused by bodily injury and property damage caused to another in 2021.[2]
- You’re not required to hire a lawyer to help you file a homeowners insurance claim, but they could help you move through difficult issues.
- Lawyers can enlist the services of experts to generate reports on the value of your home and personal property.
Signs You Might Need to Hire a Home Insurance Lawyer
Every claim is different, as are the problems you might experience. But the following signs indicate that you could benefit from hiring a lawyer to work on your claim:
Your Claim Is Denied
In most states, a denied claim must be provided in writing and include the specified reasons for the decision.[3] If you’ve been provided with this document, a lawyer could be helpful.
Your claim might be denied due to a misunderstanding, such as evidence you didn’t know you were required to provide. Or your insurance company could deny your claim fraudulently for reasons you can’t understand.
A lawyer could appeal the decision and gather evidence that could change the company’s decision. If that doesn’t work, your lawyer could fight for your rights in court.
Your First Offer Seems Inappropriate
Determining an appropriate amount for a homeowners insurance claim is a bit of an art. In the case of large claims, the company sends an adjuster to assess the damage and determine how much to reimburse per your policy. Sometimes, the number that seems appropriate to you isn’t the one you get from the insurance company.
You could hire a public appraiser in these situations to assess your claim and the damage. These people work for you, not the insurance company. Their work could encourage your insurance company to adjust the offer.
But if the public appraiser doesn’t budge their offer, you may need a lawyer to step in. This professional can work with your public appraiser and negotiate a fair payout with your insurance company.
Your Claim Is Delayed
Waiting for a homeowners insurance claim isn’t easy, especially if you’re living in a rental or hotel while your residence is repaired. But sometimes, insurance companies move much slower than you’d like.
For example, experts estimate that insurance companies faced more than 180,000 claims after Hurricane Ida in 2023.[4] After major events like this, companies can be inundated with claims, and they can slow their progress on your claim as a result.
But sometimes, companies delay their claims in the hope of paying a smaller amount to homeowners. Desperation could induce you to take a smaller settlement than you should.
A lawyer can file paperwork, make calls, and otherwise pester your insurance company into moving a little faster. The help of a professional like this may have more sway with your insurance company than your repeated requests.
Complex or Complicated Claims
Some homeowners insurance claims are relatively simple. But others can be much more difficult.
Imagine a storm that breaks your window and lets water into your home. Your furniture is wet, and you put it outside to dry. Once there, it’s stolen. Your insurance company may consider these two separate claims with two deductibles.[5] You may disagree.
A complicated claim caused by multiple factors, all working together, can be difficult to untangle without a lawyer’s help. A professional can examine your damage, compare it to your policy, and negotiate legally with your insurance company.
Benefits of Hiring a Home Insurance Lawyer
Engaging a homeowners insurance lawyer can be time-consuming. And for people struggling to deal with a homeowners insurance claim, it can be hard to find the time and energy to interview a professional.
But some of the benefits associated with a home insurance lawyer could make finding the time more than worthwhile. Here’s what most people find helpful in engaging legal help for homeowners insurance claims:
Expertise & Knowledge
It can be difficult for the average person to understand how homeowners insurance policies work, why claims are denied, and what should come next. And some people are so intimidated by insurance professionals that they don’t fight for the rights they’re entitled to.
Lawyers are experts in interpreting contractual language. A lawyer with courtroom experience may not be as intimidated by your insurance company as you are. This professional can speak for you and ensure you get what you need.
Effective Communication With Insurers
Trading documents, statements, and plans is an important part of a homeowners insurance claim. When the company uses technical language, and you do not, talking clearly isn’t easy.
A lawyer can work effectively with your insurance company. You’ll be kept informed, but you won’t have to do the work yourself.
Negotiation & Settlement Experience
At the end of your homeowners insurance claim, you’ll be offered a settlement. Sometimes, this is the end of the conversation. But sometimes, it’s smart to negotiate for a larger fee.
A negotiation could ensure you don’t take a settlement that’s smaller than you deserve via your policy. A lawyer can handle this delicate step for you.
Legal Support
Some homeowners claims end in courtrooms. If you must argue your case in front of a judge, you’ll need a lawyer’s help to do that. Your legal professional can pull together a case, gather witnesses, and argue your case for you, helping you to get the largest payout you can.
Choosing the Right Home Insurance Lawyer
Your lawyer will play an important role in your successful insurance case. Finding the right person to help you is critical.
These tips can help you choose the right lawyer for your case:
- Check your state’s directory. Use this tool from the American Bar Association to find lawyers in your area.[6] The professionals listed here are licensed to work in your state.
- Ask for referrals. Your friends, neighbors, and coworkers may have suggestions about lawyers they’ve worked with in the past.
- Schedule meetings. Most lawyers offer free consultations to assess the validity of your case. You can determine if the lawyer is a good fit in these meetings too.
- Evaluate and choose. Connect with several different lawyers before making a final decision.
Frequently Asked Questions About Hiring a Homeowners Insurance Lawyer
We’ve compiled some of the most frequently asked questions about when to hire a homeowners insurance lawyer.
Contact your homeowners insurance company as soon as a covered event takes place. Tell the representative you need to file a claim and ask for the proper paperwork to do so.
It depends on the complexity of your claim, the number of other homeowners needing help, and so many additional factors. A lawyer can often give you a rough timeline of what to expect after they assess the specifics of your case.
You do not need a lawyer to file or resolve a homeowners insurance claim. But if your issues aren’t resolved to your satisfaction, a lawyer could be a great help. If your appeal of a claim denial is rejected, it might be wise to hire a lawyer to help at that point.
You could work with a public adjuster and file the paperwork to appeal your claim. If that doesn’t work, you could hire a lawyer to fight the process further.
Interview many lawyers and ask about their experience in resolving claims like yours. The right lawyer will be qualified, able to work on your case, easy to talk to, and excited about your prospects.
If you don’t feel good about a particular lawyer, keep interviewing choices until you do.
Sources
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Homeowner’s Insurance Guide. Ohio Department of Insurance.
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Facts and Statistics: Homeowners and Renters Insurance. Insurance Information Institute.
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Residential Property Claims Guide. California Department of Insurance.
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What Consumers Should Do to Get Fair Claims Payments in the Wake of Hurricane Ida. (September 2021). Consumer Federation of America.
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FAQ: Homeowners Insurance and Disaster Claims. (February 2023). Texas Department of Insurance.
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Bar Directories and Lawyer Finders. American Bar Association.