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Civil Litigation

Hurricane Damage Claim

The storm has passed, the claim is open, and now contractors are knocking, the mortgage company is on the claim check, and the repairs keep uncovering more damage.

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01 GUIDE

Hurricane Damage Claim: what usually happens

Contractors and adjusters at the door

After major storms, contractors and others may go door to door offering to handle the claim, sometimes asking you to sign documents that assign your insurance rights or commit you to their work. Read anything carefully before signing. In New York, anyone who offers to negotiate a claim on your behalf for a fee generally must be a licensed public adjuster, and their fee arrangement should be in writing. Get your own written repair estimate so you can compare it with the insurer's. When the insurer's adjuster visits, walk through every area of damage and ask how wind and water damage are being separated.

Where the money goes

If you have a mortgage, the lender is often named on claim checks for the structure and may hold the funds and release them as repairs progress. Additional living expenses, if your policy covers them, usually require receipts and generally last for the time reasonably needed to repair the home or settle elsewhere. Older buildings may need upgrades to meet current building codes during repair, and whether those costs are covered depends on whether the policy includes ordinance or law coverage. Some policies pay the depreciated value first and the remaining replacement cost only after repairs are completed, so keep invoices and proof of payment. Give the insurer prompt notice of the loss and of any new developments.

Hidden damage and disputed amounts

A hurricane damage claim often grows as walls are opened and moisture or structural problems surface. Supplemental claims can usually be submitted for newly discovered damage, so photograph it before it is covered up and notify the adjuster promptly. If the disagreement is about how much the loss is worth, an appraisal clause may provide a path short of litigation. If the insurer denies part of the claim, the policy's own suit deadline applies, and it may be shorter than people assume. Comparing the estimates, the policy, and the photographs shows where the gap between the numbers comes from and what evidence would close it.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

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05 OFFICES

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Attorney Advertising. This page is general information about hurricane damage claim and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.