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Ask yourself these questions:
If you answer yes to these three questions, we can represent your hurricane claim. There are many elements to consider when determining the exact amount that you should be compensated for your hurricane damage. Here are just a few examples of different ways your insurance carrier is getting away with not fully compensating you: 1. Multiple Deductibles: The insurance companies are applying multiple deductibles for a single claim. They cannot do so unless the house was damaged by multiple hurricanes. However, if the damage is in fact severe, it will help the claim because multiple policy limits may apply. 2. Scare Tactic of Policy Cancellation: The policy cannot be cancelled by virtue of presenting a claim or retaining a lawyer. Hurricanes, just like earthquakes, are natural disasters and are not based on the behavior or maintenance of the property by a particular owner. 3. Estimating Program: The estimating program used by the insurance industry, “Exactimate”, fails to address the sudden increase of material and labor costs due to a regional or national catastrophe. For example, the “Exactimate” program allows approximately $180 per square (10ft. by 10ft.area) for replacement of the basic composition shingle roofing. Home Depot in Orlando charges more than $400 per square. The insured is entitled to have the damage restored based on prevailing market rate. 4. Loss of Power: If the insured lost power, they are entitled to compensation for loss of food in the refrigerator as well as the cost of an electrician to survey the wiring in the house. 5. Carpeting: Typically, insurance companies shortchange the insured in 3 ways:
6. Asbestos: Any structure built prior to 1978, will most likely have asbestos in the plaster, acoustic/popcorn ceiling, air ducts, etc. If there is damage to the inside walls, the company has a duty to test for the asbestos and to compensate the insured for the abatement of the asbestos. On an average claim, this issue costs the insurance company several thousand dollars. 7. Mold: This is where the insurance companies are categorically denying tests and payment. We will undertake to perform the tests at no up front out of pocket costs to the insured. Once there is mold, a claim will be presented for the remediation of the mold and the repair of the effected areas. In addition, all of the contents in the house have to be cleaned or replaced (for all soft goods such as clothing, linens, etc.). 8. Painting: In order to paint the inside or outside of the house, a lot of preparatory work needs to be done. For example, moving furniture, detaching and resetting light fixtures, window coverings, electrical outlets, etc. On a typical home, this issue will cost the insurance company several thousand dollars. 9. Repair of walls/Insulation: If the walls are damaged by water intrusion, typically the insurance adjuster fails to pay for replacement of moldings (crown or base) and the insulation. 10. Landscaping: The insurance company is also responsible to compensate the insured for damage to landscaping including trees, lawns, etc. The adjuster rarely informs the insured of such rights. 11. Additional Living Expenses (ALE): Aside from the time that the insured had to move out during the hurricane, the policy also covers additional living expenses for the time it will take to repair the house. As an element of the ALE, the insured is also entitled to cost of gasoline for extra driving, cost of additional food, laundry, etc. 12. Dumpster/Labor Costs: The insured is entitled to be compensated for their labor to clean up yard debris from the hurricanes as well as making their own repairs. In addition, they are entitled to dumpster costs based on the extent of damage. Q: If I retain an attorney to represent my claim, will my insurance company cancel my policy? A: Your policy cannot be cancelled by virtue of presenting a claim or multiple claims based on damages resulting from what the Federal Government has categorized as a National Catastrophe. Likewise, you should know that your policy cannot be cancelled, nor can your premiums be increased as a result of retaining an attorney to assist with your claim. If in fact your policy is cancelled or your premiums increased as a result of our representation, such conduct by the insurance carrier can be classified as retaliatory in nature and hence subject to breach of the covenant of good faith and fair dealing (bad faith). In such a case, we will gladly represent the client to pursue the rightful remedies available at such time. Q: What if I did not make a claim because I only have a little damage? A: It is not too late to make a claim. You want to be sure that you receive full compensation to fix you’re your home or business in order to be prepared for the next storm season. There are many ways that the insurance carrier should be compensating you. Click here to see some examples. Q: Are my premiums going to increase? A: Obviously, no one was ready for the catastrophe caused by the severe 2004 or 2005 hurricane season, including the insurance carriers. Besides the fact that premiums generally increase each year, it would seem that everyone’s premiums are going to increase in order for the insurance companies to be ready for the next catastrophe. But, if in fact your premiums increase as a result of our representation, such conduct by the insurance carrier can be classified as retaliatory in nature and hence subject to breach of the covenant of good faith and fair dealing (bad faith). In such a case, we will gladly represent the client to pursue the rightful remedies available at such time. Q: What if the damage does not exceed the deductible? A: We have come across many responses like this from the insurance carriers and more often than not, when we look into the claim, the damage more that exceeds the deductible. There are many ways that the insurance carrier is getting away with not fully compensating the insured. Click here to see some examples: (Link “What is my case worth?”) Q: What if the damage has already been fixed? A: That is not a problem. Were you provided enough money to fix the damages in a way that will hold up through the next storm season? We can re-open the claim and make sure that you are given the proper compensation to be prepared for the next storm season coming your way. Q: What should I know about mold? A: Click on this link: http://www.doh.state.fl.us/environment/community/indoor-air/mold.htm Q: Does my insurance have to cover mold? A: Most policies have a low cap on the mold that they will cover or the insurance carrier will categorically deny testing for it so they in turn do not have to pay for the remediation of the mold caused by these hurricanes. Once we are retained to represent your claim, we will upfront the cost of an Air Quality Analysis to determine if you have mold and if so, what type, and exactly how much is present. Once mold is detected we will look to the insurance carrier to pay for the remediation of the mold. In most cases, mold will also be covered because it was caused by water damage. Q: I have a family/business attorney that I always use, why should I consider your firm? A: Do you go to a foot doctor when you have a migraine? Our attorney’s have been working on all types of natural catastrophe claims including earthquakes, mudslides, tornadoes, hurricanes, and etc. where the insurance carriers are refusing to pay for the damages caused and we have to confront them to get them pay the compensation our clients deserve. We have our own engineers and adjustors that come from working with the insurance carriers and are now ready to fight for the other side; the insured. Once you believe that you have received all that you are going to receive from your insurance company, let us take over and recover the amount of money you really deserve. We will not touch the compensation you have already received. Our fees will come out of the recovery that we are able to obtain over and beyond your initial compensation. Most importantly, if there is no recovery, you will pay no fees or costs. Period. A: In this case, your insurance company has most likely done a good job of pacifying you. In most cases like this, there is a lot more money on the table than you are aware of. Ask yourself these questions:
Q: What if my insurance claim was denied or underpaid? A: Our attorney’s have been working on all types of natural catastrophe claims including earthquakes, mudslides, tornadoes, hurricanes, etc., and we have to confront the insurance carriers to get them pay the compensation our clients deserve. We have our own engineers and adjustors that come from working with the insurance carriers and are now ready to fight for the other side; the insured. Once you believe that you have received all that you are going to receive from your insurance company, let us take over and recover the amount of money you really deserve. We will not touch the compensation you have already received. Our fees will come out of the recovery that we are able to obtain over and beyond your initial compensation. Most importantly, if there is no recovery, you will pay no fees or costs. Period. A: If there is no recovery, you pay no fees or costs. Period. If you have already cashed a compensation check from your insurance carrier, you will keep 100% of the money you have already received. If additional compensation is received through the efforts of our firm, Garfinkel Trial Group will take a percentage to cover our costs and fees. Q: What compensation do I deserve if I am a renter? A: If you have renters insurance, we can represent your interior hurricane claim. If you do not have renters insurance or would like to learn more about renter’s rights, you can click here for the Florida Statute: Q: Can I cash the checks I have received from my insurance company? A: Yes. By cashing a compensation check from your insurance carrier, we are still able to represent your hurricane claim and retain additional compensation on your behalf. Q: What if I am having a problem with my contractor? A: You are able file a complaint with the Federal Trade Commission; http://www.ftc.gov as well as the Better Business Bureau; http://www.orlando.bbb.org If you would like to look into further action, here is a link for the Florida Smalls Claims Court; http://www.consumeraffairs.com/consumerism/small_fl.html
Hurricane Links: 2004 Hurricane Watch: Code Enforcement: FEMA: County Contacts: FL Dept of Agriculture: FL Dept of Health: Disaster Tax Deductions:
Federal Trades Commission: Better Business Bureau: Florida Small Claims Court:
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