Sunday, September 20, 2009

Hurricane Claims

Many joined the ranks with the thousands of Floridians waiting for Wilma insurance settlements. More than 2,000 homeowners are trying to get payments from their insurers to repair damage from the Oct. 23, 2005, hurricane..
Insurers say most of the 400,000 claims from Wilma have been settled. Reasons for the unsettled claims vary. Some homeowners learn years later how extensive the damage was and that they can ask their insurer for more money, in a process called reopening a claim.
Homeowners have five years after a hurricane to file an insurance claim or lawsuit. With more than a year until the Wilma deadline, lawyers and independent adjusters, also called public adjusters, are advertising that they can help homeowners pursue claims against their insurers.
Some claims remain unsettled because the homeowners aren't happy with their insurers' offers. These homeowners have been in negotiation, mediation or arbitration for months or years.
Some have hired appraisers, lawyers or both in efforts to win settlements.Insurers say they need time to deal with lingering claims. .
Homeowners with insurance problems can complain to the state Department of Financial Services hotline. Financial Services workers can report signs of wrongdoing by insurers to the Office of Insurance Regulation.
Critics say the state should do more."People are fighting three, almost four years now, just to get a roof over their head.
Why that's something the state should tolerate is beyond me," said Paul Berger, a lawyer who founded Claims Solvers, a Coral Springs-based public adjusting firm that the Ayalas hired.
Berger cites a provision of Florida law that seldom is followed: Insurers are required to pay interest if the insurer pays more than 90 days after the claim is filed.