Monday, October 6, 2008

Legal Hurricane preperation is important

By Atty Chris Lim

he 2008 Hurricane Season is upon us; having started on June 1st, the hurricane season runs through November 30th. The 2008 Hurricane Season was predicted to be "above average", however to date the season and the tropics have been relatively quiet with only a few named storms, and only one that impacted south Texas. Historically however, the worst storms form in August through October. One needs to look back to the volatile 2004 and 2005 seasons when seven (7) storms crashed upon the U.S. coastlines killing scores of people and causing billions of dollars in property damages. Guess who has not forgotten about past storms ? Answer: Your insurance company. Policy owners in effected coastal and hurricane zone areas have seen rate increases year after year to pay for past losses and payouts for property damages. As a result, now is the time for home and property owners to evaluate their property casualty insurance to assure that they are covered in case of storm damage loss. The following hurricane insured preparedness tips should assist the policy owner when pending storms are imminent.

Take photos and make a list of your personal property - A photograph is worth a thousand words. Take as many photos as possible of your personal items, and your home to assure that the insurance company can see the state of your home prior to the storm.

Maintain trees and shrubbery and other outside objects in a safe location - trees and shrubbery branches often become missiles during a storm, and uprooted trees can actually damage roofs and trusses by colliding with houses.

Video and Photograph the property right after the storm. It is critical to take photos to show any immediate damages to property and personal property to disclose the causation factor. If you end up in an eventual dispute with your insurance company regarding damages the photos and videos you take right after the storm are normally your best evidence to show that damages occurred.

Keep your important documents in a safe place - Assure sure you have birth certificates, auto titles, deeds, financial documents, and any other important documents. A small lock box, or hand held file carrier can be transported easily and is a safe way to transport documents with you if you are required to evacuate your home.

If you lose power, save all receipts for food, hotels, and other expenses - Often you may be forced to vacate your house quickly with a pending storm. From the time you leave your house, until your return, your insurance company is responsible for your out of pocket expenses for spoiled food, hotel stays, and other expenses for having to leave your home.

Contact your insurance company as soon as possible - Don't wait to contact your insurance company to see if there are damages, most likely the insurance company will be swamped with calls for damages; get inline and contact your insurance carrier to assess your damages.

Keep time for how long it takes you to clean-up. It may reimbursable. - Keep a small notebook and write down your daily expenses for being out of your home. Things such as hotel, gas, and even food receipts may be reimbursable under your policy.

Write down the date and name of the insurance adjuster that visited your home. - It is critical when an insurance adjuster visits your home that they have the correct licenses and general liability coverages required for your state. Insurance companies rarely track as closely as they should. Dates and times may become a key issue if the case goes to court.

Make sure you are given a claim number by the insurance company - Once you contact your insurance company ask them for a claim number and note the time and date of your call and if possible the person you spoke with on the phone. Note every call you make to the insurance company regarding your claim.

Do not sign any contracts or documents that say 'release' - If your insurance company ask you to sign a release with a check- don't do it ! Damages can sometimes manifest themselves months after your loss. It is important you realize that you may have latent damages to your home that may not be outwardly visible in the hours and days right after the storm.

If you feel you have been underpaid on your claim contact an attorney that specializes in first party contract claims. Insurance companies are in business because they take in more then they pay out, and the first pass of reimbursement for damages may not amount to what you are due under the policy for final damages as a result of your loss.

If you receive a check, go ahead and deposit it as long as you do not sign any releases on your claim. - 15224

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