Answers to Your Fire Claim Questions?
Below are some of the most frequently asked questions our clients have pertaining to filing a fire insurance claim.
If you have a question that has not been addressed below please contact the Wells Law Group, P.A. and we will be happy to help you find the answer to your question.
Frequently Asked Questions
What should I do if my home or business is damaged by a fire?
In case of damage by smoke or fire, your insurer should be notified immediately. Call the attorneys at Wells Law Group if you don't receive a speedy response. The insurer is going to want a list of all your personal belongings damaged in the fire or that suffered smoke damage. This is a daunting task, but one that must be done. Start doing this as soon as possible following your loss. If you have family, friends or neighbors who have photos of your home or business, they may be able to help you by providing photos of the home or business, or talking to you regarding items you may overlook.
Do I get living expenses while the insurance company is assessing damages and investigating my claim? What about when my home or business is being rebuilt or repaired?
Living expenses are generally covered by your Homeowner's Insurance policy while your home is being rebuilt or repaired. Usually covered are lodging, clothing, food and other necessities. Your policy will designate a specific time or amount. Businesses are usually eligible for business interruption and extra expense coverage. If you are having trouble getting your insurer to provide these benefits please call the insurance lawyers at Wells Law Group.
I am worried about all the personal information and documents the insurer is asking for – do I have to give the insurer everything they are requesting?
Most likely, yes. Cooperation is essential and you must usually provide everything the insurer is asking for. If the insurer is asking for something to which you don't feel they are entitled, contact the experienced insurance attorneys at Wells Law Group for advice.
Why is the insurer asking for my sworn statement? Do I have to make myself available for this?
In order to investigate your claim thoroughly your insurer may request a sworn statement, which is within their rights. You will need to attend the examination under oath and answer questions as truthfully as possible. Although it is your right under your policy to attend the examination without an attorney present, we would caution you against doing so. (In an accident situation where another person's insurer is demanding to take your statement, this doesn't apply.)
Is there a set time frame for the insurer to repair my home or business?
No. The time frame can vary depending on the facts of each case. The statutes and cases that interpret this state that a reasonable time is required for repair. However, Florida Statute Section 627.70131 provides a 90 day timeframe for the insurer to pay or deny a homeowners claim or small commercial property claim unless the delay is caused by factors outside the insurer’s control. The insurer’s violation of this statute cannot be the sole basis for a claim, but can result in an award of interest from the day the insurer was notified of the claim. If it seems like your insurer is taking too long to pay your claim, contact the attorneys at Wells Law Group.
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