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  • POSTED: December 1, 2023
  • POSTED BY: TheChoyceLawFirm

Sacramento accident lawyer

California Insurance Policies For High Winds

Under California law, an insurance company is given the ability to decide what perils it covers and under what circumstances. Policies cannot legally be marketed under false pretenses, but also are not required to contain all the perils you may require coverage for. Damage caused by wind and hail is usually covered under both homeowners and renters insurance policies (though earthquake is not!). If you have questions regarding your specific insurance policy, speak with a Sacramento accident lawyer.

If damage occurs, it is always important to contact your insurance company to report any damage and schedule a visit from a claims adjuster as soon as possible. You should make any necessary temporary repairs to prevent further damage, but hold off on any permanent repairs until a claims adjuster has visited your home and completed their inspection. It is also very important to keep records of all costs caused by the initial incident, in addition to any resultant costs, including but not limited to the following:

  • Temporary fixes
  • Emergency relocation
  • Water damage due to the initial wind damage
  • Debris removal

These additional costs are covered only when directly resulting from the winds. If a hole is created in the roof of your home by a repairman attempting to fix the initial damage due to wind, and a rainstorm comes and causes water damage to the interior of your home, the insurance company may not cover it as it was a result of the repairman’s actions and not directly caused by the wind damage. However, if the water damage is caused by negligence on the repairman’s behalf, it may be covered by the contractor’s general liability insurance policy. Every case is unique and only an experienced Sacramento accident lawyer can advise you on the best legal action.

Some damages from windstorms may not be initially obvious – check the following after serious storms that carry the potential for wind damage:

  • Test all faucets and check for leaks
  • Open all cabinet doors to check for damage to plumbing
  • Flush all toilets and check for leaks
  • If any parts of your roof are readily visible, check for “pockmark” dents from hail
  • Check for hail damage to other metal surfaces of the home, for example an air conditioning unit
  • Check your walls and foundation for cracks – especially around windows and doors
  • Check to see if your floors are still level – if not, this could indicate a shifting in your foundation
  • Keep an eye out in the days following a severe wind and hailstorm for water stains and yellowing in the walls and ceiling of your home – this could indicate hidden structural damage

Important questions to ask your insurance representative when filing a claim:

  • Is my specific property covered under my insurance?
  • Should I get estimates on the cost of repairs or replacements necessary?
  • When can I expect my claim to be processed and approved?
  • What is my deductible? How much needs to be paid out of pocket before coverage is triggered?

When the claims adjuster visits your home, he or she will assess the severity of the damage, inform you of the materials and labor necessary to fix the damage, and determine how much money you should receive due to the damage.

It’s not a bad idea to have an independent company assess the damage, especially if you feel your claims adjustor did not complete a thorough investigation or feel your insurance company has not properly accounted for the costs of repair. And it’s always a great idea to consult with a Sacramento accident lawyer.

Insurance Bad Faith Lawsuit

If there is an issue with the insurance company delaying, denying, or underpaying a claim, you can file an insurance bad faith lawsuit.

  • In addition to the original claim, , the plaintiff may receive additional damages including emotional distress, economic loss (if the property is related to the plaintiff’s manner of income), and punitive damages (to punish the insurance company)

It is important to keep this option in mind from the beginning – you’ll want to keep close records of all correspondence with the insurance company, and the times of such correspondence. There is a time limit for filing an insurance bad faith lawsuit – the suit must be filed within a year of the initial damage.

If you have sustained serious wind damage to your home or other property, and someone has been hurt as a result, you should consult with a Sacramento accident lawyer immediately. An experienced attorney will be able to properly deal with the insurance company for you and help get you the compensation you deserve. If you have already gone through the claims process and feel cheated, we can help ensure your case is reviewed and responsible parties are held accountable.

Call The Choyce Law Firm For Legal Advice

Have you or someone you know been injured or had property damaged due to dangerous winds? Contact a Sacramento accident lawyer for a free consultation. You may be entitled to compensation.