The Legal Rights of Homeowners When Dealing with an Insurance Claim
The Legal Rights of Homeowners When Dealing with an Insurance Claim -Miami, FL
When disaster strikes your home, you rely on your insurance policy to help cover the costs of repairs and recovery. However, many homeowners are unaware of their legal rights when filing a claim, which can lead to unnecessary delays, lowball offers, or outright denials from insurers. At All Service Adjusting, servicing Miami, FL, we specialize in advocating for homeowners to ensure they receive the full compensation they deserve. Here’s what you need to know about your rights when dealing with an insurance claim.
1. The Right to a Fair and Prompt Settlement
Under Florida law, insurance companies must handle claims fairly and in a timely manner. Your insurer is required to:
- Acknowledge your claim within 14 days of filing.
- Complete a damage inspection within 45 days.
- Approve or deny a claim within 90 days of submission.
- Pay out an approved claim within 20 days of acceptance.
If your insurer is delaying your claim, you may have legal grounds to file a complaint or pursue legal action.
2. The Right to Dispute a Denied or Underpaid Claim
If your insurance company
denies your claim or offers a lower-than-expected payout, you have the right to
challenge their decision.
✅ Request a
detailed written explanation of why your claim was denied or underpaid.
✅ Hire a
public adjuster (like All Service Adjusting) to
conduct an independent damage assessment and negotiate a higher payout.
✅ If necessary,
file a complaint with Florida’s
Department of Financial Services or pursue legal action.
3. The Right to Hire a Public Adjuster
A public adjuster is an independent insurance claims expert who works for you, not the insurance company. They help:
- Assess damages accurately to ensure all losses are covered.
- Negotiate with your insurer to secure a fair settlement.
- Handle all claim paperwork to avoid delays and denials.
If your insurer is lowballing your settlement, a public adjuster can fight for a higher payout.
4. The Right to Demand a Reassessment
If you believe the
insurance adjuster undervalued your claim, you have the right to:
✅ Request a
reassessment of damages.
✅ Obtain multiple estimates from independent contractors.
✅
Hire an attorney if the insurer refuses to reassess your claim fairly.
5. The Right to Legal Action for Bad Faith Practices
If your insurance company acts in
bad faith by unfairly denying or delaying your claim, you
may be able to sue for damages. Bad faith practices include:
❌ Failing to communicate properly.
❌ Offering significantly less than the damage amount.
❌ Using unreasonable delays to avoid payment.
❌ Misinterpreting policy language to deny claims.
If you believe your insurer is acting in bad faith, contact All Service Adjusting today. We will review your case and help you take the necessary steps to protect your rights.
Need Help with a Home Insurance Claim in Miami, FL?
At All Service Adjusting, we fight to ensure homeowners receive the maximum payout for their claims. If your claim has been denied, delayed, or undervalued, contact us today for a consultation.
