As Florida, North Carolina and other Southern states continue to recover from the impacts of Hurricanes Helene and Milton, it’s a good moment for property owners along the East Coast, including in New York and Connecticut, to take stock of the legal issues at hand to protect themselves and their families from the fallout from future storms.
Here’s what property owners need to know as hurricane season continues through Nov. 30 (and nor’easter season, which started in September, through April):
Understand FEMA (Federal Emergency Management Agency) support
The first thing homeowners should understand is that if a hurricane — like Sandy, whose 12th anniversary is Tuesday, Oct. 29 — or other powerful storm damages or even destroys their property, FEMA can supply material support. People who have been negatively impacted by the recent hurricanes can expect an initial payment of $750 from FEMA to help cover their immediate needs. This money is meant to go toward necessities like food, water, fuel and new clothing.
However, that is not the limit to FEMA’s support. By filing a claim with FEMA, property owners may secure up to an additional $42,500. This money may be used to conduct repairs or rebuild your property.
Filing a FEMA claim is complex, so it’s best to brace yourself for a long process. As Texas personal injury lawyer Omar Ochoa, founder of Omar Ochoa Law Firm, explains, “You might have a general idea of what you’re going to face, but you don’t know every single area from the beginning. The government also wants some kind of an estimate about the cost of repairs for the house, but most people don’t have a contractor on call.”
For many people, $42,500 will not be nearly enough to cover the expenses involved in repairing and rebuilding their homes. The truth is that FEMA was never created to be a substitute for insurance. Instead, it was designed as a first line of disaster recovery for the community, providing funding for damaged public infrastructure like roads and bridges.
Property owners, therefore, should not look to FEMA as their primary source of funding to rebuild their lives. Instead, they should carry comprehensive insurance coverage for hurricanes and other destructive storms.
This brings me to the next thing homeowners need to understand: Most standard homeowners’ policies will prove insufficient if a hurricane damages their residences.
The limits of homeowners’ insurance
Unfortunately, many homeowners discover too late that their standard policy does not cover damage to their property from flooding or high winds, which is the kind of damage hurricanes commonly cause. While insurance carriers aim to provide fair reimbursement when their policyholders encounter adversity, the insurers cannot be held liable when a specific policy doesn’t cover the relevant damage.
To avoid having your claim denied, paying attention to the exact terms of your homeowners’ insurance policy is essential. Most people who live in the potential path of a hurricane will need to add supplemental riders or other insurance. For the best coverage, invest in flood and windstorm insurance.
While the only people required to purchase flood insurance are those in flood zones, the recent flooding Hurricane Helene unleashed in western North Carolina demonstrates why most homeowners should consider purchasing it. Since hurricanes can cause damage to areas that are not typically prone to flooding, homeowners should consider investing in this additional coverage. Otherwise, they may be left with little or no avenue to recovery.
Property owners should also prepare in other ways to make their insurance claims as strong as possible.
How to prep for a storm claim
The key to any successful insurance claim, especially when natural disasters like hurricanes are involved, is to prepare ahead of time. This not only means protecting the property from the potential impacts of the storm with hurricane shutters or boarding up windows but also maintaining the property well in general.
It also means taking proactive steps to document the good condition of the home. Toward that end, property owners should take photographs and videos of their buildings before evacuating. Fully document both the inside and outside of your property. Don’t forget to show the ceilings, floors and cabinets, as well as the seals around windows and doors.
Document your possessions as well. In addition to keeping an up-to-date inventory complete with serial numbers, take photos and videos of your items. This is particularly important for things that would be expensive to replace. Remember that if you ever have to make a claim, you won’t remember how many shirts had been hanging in your closet.
By recording the good condition of your home and possessions before the storm hits, you will be able to give both your insurance company and FEMA before-and-after shots that provide evidence of the damage. The adjusters will clearly be able to see the difference and will have the evidence they need to approve your claim,
What to do after the storm
In my experience, when many homeowners see damages, such as waterlogged or soaked drywall, flooring or insulation, their first impulse is to start removing or repairing it. This is a mistake, however. The first thing you should do is document the damage.
Keep in mind that insurance companies are not omniscient. They cannot tell what happened to your property without evidence. They also face many fraudulent claims every day, which means that while adjusters want to write estimates for covered damages, there can be a healthy amount of reservation if the evidence within the home does not match up with the described version of events.
That’s why it’s in your best interest to slow down and document the full extent of the damage. In addition to recording images, retaining samples of the affected materials, such as water-damaged flooring or curtains, is a good idea. The more information you can provide your insurance company, the better.
In addition, make sure to contact your insurance company promptly to inform it of the damage. Different carriers have different timelines and rules, so make sure to follow these.
Finally, keep in mind that insurance companies often have existing relationships with contractors and services. Before hiring someone yourself, check with your insurance provider to see with whom it would prefer you to work. Neglecting to do this can hurt your claim’s chances.
Protect your property
No one likes to contemplate the possibility of losing a home during a hurricane. However, accepting this possibility and preparing for it are the best ways owners can protect themselves and their families. Don’t delay: Make your coverage as complete as possible and document your property while it’s still in good condition.
Robert Guinn is a board-certified civil trial attorney and partner at Cole, Scott & Kissane’s Miami office. He practices in the areas of first-party property claims, commercial and residential properties defense, transportation, motor vehicle negligence, personal injury litigation, construction and general civil litigation. His practice group primarily focuses on handling litigation of numerous water, sinkhole, windstorm, hurricane, fire, Special Investigation Units (SIU) fraud, theft, vandalism, business personal property and business interruption claims. Guinn has represented domestic and international insurers in coverage disputes in state and federal court. During his time at Cole, Scott, and Kissane, he has tried numerous cases to verdict.
Guinn obtained his Juris Doctor from the Barry University Dwayne O. Andreas School of Law, where he was also an editor of its Law Review. While attending law school, Guinn was on the dean’s list and received honors in both civil procedure and evidence. He was also an active competitor in the school’s nationally-ranked mock trial advocacy program.
He is admitted to practice law in the state of Florida and Southern District of Florida.
