After you sustain property damage to your home or business, you will naturally rely on your insurance carrier to honor your contract. In theory, you pay an annual premium, and they pay for repairs when a sudden disaster like a hurricane ravages your property or pinhole plumbing leaks cause black mold to grow in your walls.
When you file a claim for your damage, you must use the right date of loss, or your claim will likely be denied. Sudden, devastating losses like those from a hurricane mark the date of loss as the day of the storm. But pinprick holes in your plumbing or roof and the damage they do may only be noticeable well after the leaks begin. If you are uncertain about your date of loss, meet with an attorney from Kirk Law Firm, PLLC for a free consultation and answers to how we can compel your insurance company to pay your claim.
Check Your Policy for the Effective Period
The date of loss must fall between the effective and expiration date of your policy, which is noted on the declarations page. If the damaging event is a sudden fire, the date of the fire is your date of loss. With other natural disasters, the date of loss may need to be clarified.
For example, leaks can happen in an instant, or they can take time to occur. So, you may be uncertain about when the date of loss occurred. Your property could have been hit by multiple storms, but insurance companies force you to choose one date of loss. So, be wary when discussing your case with the insurance company adjuster because you must choose the date of loss that best supports your claim.
Insurance companies regularly put profits over people. An adjuster can claim that the date of loss occurred before you purchased your policy or even before you owned the house. Our attorneys can help you determine the best date of loss, depending on the cause of your claim.
This date is crucial because many insurers impose a proof of loss deadline, the date by which you must submit your claim. This is calculated from the date of loss and is a specified period, depending on your insurer. Failure to comply could result in a claim denial or reduced payout.
Claims in Three Categories
The date of loss usually falls under three categories. The first is the easiest to resolve because you know the exact date, such as when you experience a fire, and you notify the fire department the day it occurs.
The second category is for damage that you do not discover until after an event you may not associate with the problem. You may need experts, such as professional roofers, to link the damage to the event, like weather reports about high winds in the recent past.
The third category involves damage you do not discover until it is noticeable, such as the roof leaks behind walls. Our attorneys could help you determine a credible date of loss and take charge by convincing insurance companies that your claim is valid and must be paid.
Prove Your Date of Loss With Help From an Attorney
Although some claims are easy to trace to the date of loss, many are not if the damage done is not immediately noticeable. Our attorneys know insurance companies are not in business to pay claims they can challenge because a denial adds to their profits and satisfies shareholders. You need an advocate to fight for you. The attorneys at Kirk Law Firm, PLLC dedicate their time to fairness and justice. When you are about to file or have filed a valid claim, call us for a free consultation to ensure the insurance company pays it.
