Hurricane Matthew: 10 Tips for Making Your Insurance Claim

While the eye of Category 3 Hurricane Matthew mercifully remained offshore, Florida’s east coast was hammered with Category 1 and 2 hurricane force winds and storm surge.  Based on my experience handling hundreds of hurricane insurance claims for building owners over the last two decades, here are 10 tips to help you with making your insurance claim:

1. Promptly report even minor damage. Insurance policies require you to promptly report claims.  Even minor damage could be more serious than you think when inspected by the trained eye of an engineer, and if you wait to file a claim you may not be covered.  If you need help finding your insurance company’s website, click here: https://www.floir.com/siteDocuments/FLLargestPropertyCompaniesContact.pdf
2. Document when you report the claim. Do not just contact your agent—report it directly to your insurance company as well.  If possible, do so by fax or email so you have proof in writing.  If it is necessary to call, video yourself stating the date and time and that you are calling in your building insurance claim.  Ask the phone rep if you can record the call on speaker, and if they decline, record your side of the conversation.
3. Avoid speculating about the severity of the damage. You may be asked how severe the damage is.  Avoid making generalizations and describing the damage as “minor.”  It is better to acknowledge you do not know how bad the damage is and just stick to the facts and tell your insurance company the damage you see.  Your claim may need an engineer or building envelope specialist to determine the extent of the damage.
4. Take video and photos of the damage.  Before attempting any temporary repairs or cleaning up any debris, damaged contents or foliage, it is critical to take photos and video footage.  Placement of debris from trees, plants and buildings is evidence of the wind speed.  Document your damages before doing any clean up or temporary repairs!  A free smart phone app developed by the National Association of Insurance Commissioners called “myHome Scr.APP.book” can help you organize information and photographs room by room. https://www.insureuonline.org/insureu_special_disaster.htm
5. Do not dispose of damaged personal property or debris. You will need to prepare an inventory of the damaged items.  However, even after you do so, do not throw away any of your damaged personal property or building debris until your insurance company adjuster has had an opportunity to inspect it.  If someone from the insurance company gives you permission to dispose of the items, get it in writing.
6. Keep copies of all correspondence. Try to communicate with your insurance company in writing whenever possible and keep copies.  When you have in-person and telephone communications, write down the date, name and title of the person you spoke with and what was said.  Also, keep a record of your time and expenses.  The Florida Department of Financial Services Homeowners’ Insurance Toolkit has some helpful information to get you started understanding the claim process: https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/documents/HomeownersToolkit.pdf   Remember, it is never too early to seek a free consultation from an attorney who can ensure you know your rights.
7. Know who is evaluating your claim. When the adjuster arrives to survey your damage, if you are not already represented by an attorney, ask if he or she is an employee of the insurance company or an independent adjuster hired by the insurer. If it is an independent adjuster, ask the name of the in-house or “desk adjuster” assigned to your claim and secure that person’s e-mail address and phone number if possible.
8. Know your rights before agreeing to a settlement or any managed repair program vendor. The first offer made by the insurance company may not adequately compensate you for your damage.  Get a free attorney consultation before agreeing to any settlement.  The insurance company may try to force its restoration contractor on you.  Many insurance companies have managed repair programs or preferred vendors.  This allows the insurance company to get a discount on the repairs while referring these vendors a high volume of business.  Most of these programs are optional, but some are “mandatory.”  You should consult an attorney before allowing an insurance company to force its contractor on you.  The Florida Department of Financial Services Emergency Financial Preparedness Toolkit has useful information for recovery after the storm—including the Homeowner Claims Bill of Rights: https://www.myfloridacfo.com/Division/Consumers/understandingCoverage/Guides/documents/EmergencyFinancialPreparednessToolkit.PDF   It is a good start but just scratches the surface of what you should be aware of as a consumer before accepting the insurer’s adjustment of your claim.
9. Get the right professionals involved before agreeing to a settlement. Insurance companies owe you the undisputed amount of the damages without requiring you to sign a release.  Before agreeing to the insurer’s payment, get properly licensed professionals to verify the scope and amount of your loss.  This may involve building envelope specialists, engineers and general contractors.  Consult an attorney who can advise you on your rights under the policy and the time frame in which the insurance company should be adjusting and paying your claim.
10. Get claim decisions in writing. Ask the insurance company to explain any policy language and facts that form the basis of its claim determination.  Seek copies of any and all estimates and expert reports the insurance company has obtained—then provide these to an experienced hurricane claim attorney who can advise you on whether the insurance company has properly evaluated your loss.