Navigating Insurance Claims After a Hurricane Damage
Here on the coast of Louisiana, we are no strangers to hurricanes and large storm systems. When your insurer underpays, delays, or denies after the storm, we hold them accountable.
Fighting your insurer after the storm - the quick answers
- Your insurer is a for-profit company. After a big storm it is overwhelmed with claims and motivated to pay as little as possible.
- Under Louisiana law, your insurer must respond and adjust your claim on a timeline - and settle it fairly and in good faith.
- Red flags of bad faith: no response, a settlement with no check, a partial denial, or a full denial.
- Failure to start adjusting within 60 days of your claim, or 30 days after your proof of loss, can trigger bad-faith exposure.
- Do not sign a release for full payment before you know the full extent of the damage - some storm damage takes time to appear.
- If your insurer acted in bad faith, it may owe not only a fair settlement but also attorney's fees and penalties.
- Already denied? You may still have a claim - an attorney can review your policy and options.
Underpaid after the storm? We're on your side.
As we enter hurricane season, hurricane damages from previous seasons are still very much alive in our memory - Laura, Ida, and Katrina, just to name a few - because of the sheer amount of damage, flooding, and chaos they created.
Although an insurance company's main objective is to process claims as fast as possible, settle, and get released from their obligation, after a large damaging weather system, they are usually overwhelmed with claims. But there is a fine line between being patient with your insurance company and being the victim of bad faith. While insurance claims can be frustrating for everyone and require some patience, it is important to get the assistance of a hurricane damage attorney when claim disputes and bad faith practices arise.
- Review your policy and pin down exactly what it covers
- Document your damage before repairs cover the evidence
- Push back on lowball offers and partial denials
- Hold your insurer to the legal timeline for adjusting your claim
- Challenge denials based on wear and tear or improper maintenance
- Sort out disputed water damage - flood versus wind and rain
- Stop you from signing a release before you know the full loss
- Pursue attorney's fees and penalties when the insurer acts in bad faith
What to do after storm damage - and after a denial
Your insurance company has a legal obligation to respond to your claim under a specific timeline. What you gather in the first days protects your right to be paid fairly.
Document everything
Take photographs of your damage and any repairs that may have been done. A list of damaged items and their value, plus a record of how long the property could not be used, all support your claim.
Gather your paperwork
Pull a copy of your insurance policy, a record of the Property Title, and, if it applies, business records or a current lease agreement for a damaged rental property.
Keep every receipt
Save receipts from contractors, for additional living expenses, or for anything hurricane damage or evacuation related. They convert real losses into recoverable ones.
Log all communication
Keep a log of any communication to or from your insurance company. If the adjuster misrepresents the policy or drags out the timeline, that record matters.
Watch for the red flags
If the company has not responded in a timely manner, if you have settled but no check has come, or if you receive a partial or full denial, it may be time to get legal advice.
Do not sign a premature release
If they ask for a release on a claim or check as full payment before you know the full extent of the damage, stop. Some storm damage takes time to become obvious.
The advertising says one thing. The adjuster does another.
As large, for-profit corporations, insurers do not always act "like a good neighbor," despite the advertising. The industry is always trying to find ways to mitigate financial exposure and hold on to profits. Consequently, policyholders often find themselves fighting to get their claim fairly settled after a hurricane.
What Louisiana law requires of your insurer
In Louisiana, we have insurance laws that protect policyholders from bad faith insurance companies. Here is what governs a hurricane property claim.
The Good-Faith Duty
Under Louisiana Revised Statute § 22:1973, insurance companies are legally obligated to process claims in a timely and efficient way and to make reasonable efforts to settle them fairly.
The Adjustment Deadline
You may need a hurricane damage attorney if your insurance company has not initiated an adjustment after 60 days of your claim or 30 days after your submission of proof of loss.
Misrepresenting the Policy
If your adjuster has misrepresented the terms of the policy, or the company has failed to cover losses under your policy and negotiations have not been fruitful, that can support a bad-faith claim.
Disputed Water Damage
Insurers often dispute the source of water damage - arguing flood water must be from rising water, when regular coverage should cover water damage from wind or rain.
Wear-and-Tear Denials
A denial based on wear and tear or improper maintenance is a common tactic. It is not the last word, and it can be challenged with the right documentation.
Penalties for Bad Faith
If your insurance company has acted in bad faith, it may not only be forced to settle your claim reasonably, but it may also be held liable for all attorney's fees and other penalties.
This page is general information, not legal advice. Every case turns on its own facts - call us and we'll tell you where you actually stand.
Why insurers underpay hurricane claims
After a claim is made, your insurance company has a legal obligation to respond to your claim under a specific timeline. But as large, for-profit corporations, insurance does not always act "like a good neighbor," despite the advertising.
The insurance industry is always trying to find ways to mitigate financial exposure and hold on to profits. Here is how that shows up in your claim.
Types of hurricane damage & claims we handle
Whether it is a settlement, mediation, or litigation, we will determine what is needed for your claim - for homeowners and businesses alike. Hurricane damage takes many forms, and each raises its own coverage fight.
These are the losses that Laura, Ida, and Katrina taught this coast to expect, and the claims we handle for our neighbors.
Are you seeing red flags?
If the insurance company has not responded to your claim in a timely manner, if you have settled but no check has been forthcoming, or if the company has come back with a partial or full denial, it may be time to get legal advice to discuss your options.
What you do need to prove your loss
From the start of the case, we will take the time to learn the details and take the right possible action to ensure the best possible outcome for you, your loved ones, and your property. Good documentation is what turns a disputed claim into a paid one.
That means photographs of your damage and any repairs that may have been done, a copy of your insurance policy, a record of the Property Title, and receipts - from contractors, for additional living expenses, or for anything hurricane damage or evacuation related. Add a list of damaged items and their value, business records if your claim is about your business, a current lease agreement if your rental property was damaged, a log of any communication to or from your insurance company, and a record of how long the property could not be used.
What your claim can cover
If you have hit an impasse with your claim or suspect bad faith from your insurance company, a hurricane damage attorney can hold the company legally accountable for the benefits you are entitled to under your policy.
When an insurer has acted in bad faith, the recovery can reach beyond the property loss itself into the penalties the law provides.
Property & economic losses
- Roof, wind & structural repairs
- Water and flood damage
- Damaged personal property and contents
- Additional living expenses
- Business interruption losses
- Loss of use while the property is unusable
- The full benefits owed under your policy
Bad-faith recovery
- A reasonable settlement of your claim
- Attorney's fees
- Other statutory penalties
- Recovery for a wrongful partial or full denial
- Accountability for missed adjustment deadlines
- Recovery for misrepresented policy terms
What actually changes when a lawyer steps in
From the start of the case, we will take the time to learn the details and take the right possible action to ensure the best possible outcome for you, your loved ones, and your property.
Coming from a family where taking care of people comes first, we are committed to looking closely at your situation as your personal injury lawyer new orleans. We will look at your case, and find out what we need to do to take care of you, because that is what matters. Whether it is a settlement, mediation, or litigation, we will determine what is needed for your claim.
If you have hit an impasse with your claim or suspect bad faith, a hurricane damage attorney can hold the company legally accountable for the benefits you are entitled to under your policy. If your insurer has acted in bad faith, they may not only be forced to settle your claim reasonably, but they may also be held liable for all attorney's fees and other penalties.
You should not have to fight for the benefits you are entitled to under your insurance coverage on top of everything else the storm took. Let us help you get what you deserve.
Mistakes that can hurt your claim
While insurance claims can be frustrating for everyone and require some patience, the choices you make in the first weeks can quietly cost you the benefits your policy owes.
None of these is fatal on its own, but each one hands your insurer an argument.
- Signing a release for full payment before you know the full extent of the damage
- Repairing damage before you have photographed it
- Losing receipts for contractors, additional living expenses, or evacuation costs
- Not keeping a log of communication to and from your insurer
- Accepting a partial denial or lowball offer as final
- Assuming a wear-and-tear or maintenance denial is the last word
- Waiting past the point where the insurer's timeline has already lapsed
- Trying to fight a bad-faith insurer without legal representation
Do you need a hurricane damage lawyer?
To discuss any aspect of your hurricane damage case in a free consultation, call 504-483-3400 or contact us. Here is how these claims actually work, and when it is time to bring in an attorney.
Not always "like a good neighbor"
Although an insurance company's main objective is to process claims as fast as possible, settle, and get released from their obligation, after a large damaging weather system they are usually overwhelmed with claims. But there is a fine line between being patient with your insurance company and being the victim of bad faith.
After a claim is made, your insurance company has a legal obligation to respond to your claim under a specific timeline. But as large, for-profit corporations, insurance does not always act "like a good neighbor," despite the advertising. The insurance industry is always trying to find ways to mitigate financial exposure and hold on to profits. Consequently, policyholders often find themselves fighting to get their claim fairly settled after a hurricane.
What is insurance bad faith?
In Louisiana, we have insurance laws that protect policyholders from bad faith insurance companies. Under Louisiana Revised Statute § 22:1973, insurance companies are legally obligated to process claims in a timely and efficient way and to make reasonable efforts to settle them fairly.
You may need the assistance of a hurricane damage attorney in New Orleans if your insurance company has not initiated an adjustment after 60 days of your claim or 30 days after your submission of proof of loss; if your adjuster has misrepresented the terms of the policy; if you have received an outright denial of coverage; if the company has failed to cover losses under your policy and negotiations have not been fruitful; if the insurer is disputing the source of your water damage; if you have gotten a denial based on wear and tear or improper maintenance; or if they are asking for a release before you know the full extent of the damage or before you have resolved disputes.
If your insurance company has acted in bad faith, they may not only be forced to settle your claim reasonably, but they may also be held liable for all attorney's fees and other penalties.
"Suffering hurricane damage can be overwhelming enough. You should not have to fight for the benefits you are entitled to on top of that."
What if my hurricane claim has already been denied?
You may have already tried to gain compensation without legal representation, only for the insurance company to deny your claim or not offer fair compensation. You may still have a chance to claim for damages - you just need an attorney on your case. Contact us for a free consultation, so we can review your policy and understand your legal options.
The skilled legal assistance of a hurricane damage attorney
Our experienced hurricane damage lawyers in New Orleans diligently represent the legal rights of policyholders after a hurricane when their insurance company has acted in bad faith. If you are struggling with your insurance company after a hurricane insurance claim, call us at (504) 483-3400.
Plan for emergencies
In case of a storm emergency, you must make sure your family is hurricane prepared. NOAA is an agency that enriches life through science and alerts US residents about hurricane weather in your area, working to keep the public informed of the changing environment around them. The city of New Orleans has also prepared a website for residents to stay informed, make a plan, and stay safe, with city resources and preparedness information.
Related reading
More on preparing for and recovering from a storm: What To Do Before & After A Hurricane and Should I Hire A Hurricane Damage Attorney?
Hurricane claims FAQ
Do I really need a hurricane damage lawyer?
Insurance claims can be frustrating for everyone and require some patience. But it is important to get the assistance of a hurricane damage attorney when claim disputes and bad faith practices arise. If you have hit an impasse or suspect bad faith, an attorney can hold the company legally accountable for the benefits you are entitled to under your policy. The consultation is free, so there is no cost to finding out where you stand.
How long does my insurer have to act on my claim?
Your insurance company has a legal obligation to respond to your claim under a specific timeline. Under Louisiana law, you may need an attorney if your insurer has not initiated an adjustment after 60 days of your claim or 30 days after your submission of proof of loss.
What is insurance bad faith?
In Louisiana, insurance laws protect policyholders from bad faith insurance companies. Under Louisiana Revised Statute § 22:1973, insurance companies are legally obligated to process claims in a timely and efficient way and to make reasonable efforts to settle them fairly. If your insurer has acted in bad faith, they may be forced to settle your claim reasonably and may also be held liable for all attorney's fees and other penalties.
What are the red flags that I should call a lawyer?
If the insurance company has not responded to your claim in a timely manner, if you have settled but no check has been forthcoming, or if the company has come back with a partial or full denial, it may be time to get legal advice to discuss your options.
What documents do I need for my claim?
Photographs of your damage and any repairs, a copy of your insurance policy, a record of the Property Title, receipts (from contractors, for additional living expenses, or anything hurricane damage or evacuation related), a list of damaged items and their value, business records if your claim is about your business, a current lease agreement if your rental property was damaged, a log of any communication to or from your insurer, and a record of how long the property could not be used.
My insurer says the water damage is not covered. Is that final?
Not necessarily. Insurers often dispute the source of water damage - arguing flood water must be from rising water, when regular coverage should cover water damage from wind or rain. A denial based on wear and tear or improper maintenance is another common tactic. These are disputes worth challenging with the right documentation.
Should I sign the release my insurer sent with the check?
Be careful. If they are asking for a release on a claim or check indicating it is full payment before you know the full extent of the damage, some storm damage takes time to become obvious, and you do not want to release them from benefits right away. You also should not sign a release before you have resolved disputes.
My claim has already been denied. Is it too late?
You may have tried to gain compensation without legal representation, only for the insurer to deny your claim or not offer fair compensation. You may still have a chance to claim for damages - you just need an attorney on your case. Contact us for a free consultation so we can review your policy and understand your legal options.
Underpaid after the storm? Let's make them pay it.
Tell us what happened. Your consultation is free, there's no obligation, and you pay nothing unless we win.