Los Angeles Storm Damage Lawyer

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The weather is often considered one of the benefits of living in Los Angeles. However, there is still the possibility of impactful storms that can do significant damage to property. While people rely on property insurance to compensate them in these cases, getting the compensation that you’re owed can sometimes be more challenging than expected. A Los Angeles storm damage lawyer may be able to help.

When insurance companies fail to come through with the relief they should be providing according to your policy, Sawyer & Labar LLP may be able to help. We are familiar with the ways insurance companies may act in “bad faith” to avoid their obligations. We also understand what it takes to seek fair compensation, and our talented attorney, Ivo Labar, is a reputable litigator who can argue your case in court.

What Does “Bad Faith” Mean?

When someone signs up for a property insurance policy, both parties are agreeing to a set of obligations. For the person whose property is being insured, their part of the agreement largely consists of making their payment on time. The insurance company then has an obligation to provide compensation for damage that qualifies under the agreement. Broadly speaking, an insurance company may be acting in “bad faith” when it fails to meet its valid obligations.

The ways in which an insurance company may be acting in bad faith can take many different forms. Some of the more common concerns include:

  • Misrepresentation. Occasionally, an insurance company may misrepresent the coverage that they are providing or are responsible for to a policyholder. Insurance companies, however, have a duty to ensure that they are honest and forthright in what their policy addresses.
  • A Lack of Communication. It can be nerve-wracking when you’re depending on compensation from the insurance company but are unaware of where your claim stands and how it’s proceeding. For this reason, an insurance company is expected to provide reasonable communication regarding the status of your claim.
  • Failure to Perform an Investigation. A central component of making a decision on an insurance claim is investigating the circumstances and damage. Failing to do so, particularly when denying a claim or undervaluing the damage, may be considered a “bad faith action by the insurance provider.
  • Delays in Processing a Claim. Depending on the severity of the storm damage, you may have a significant need for the funds that insurance is supposed to pay. This can make delays in processing and paying out the claim particularly frustrating. That’s why insurance companies are expected to act with reasonable promptness when addressing a claim.
  • Offering Less Than Should Be Provided. There are many ways that an insurance provider may try to get away with offering less than they should for storm damage. They could try to claim that damage is not covered when it rightly should be. They could also claim they are responsible for less than they really are under the agreement. It’s even possible that they may claim the cost of the damage is less than it really is.
  • Denying a Claim Without Legitimate Cause. An insurance policy will usually clarify the types of damage that are covered under the policy, as well as those that are not covered. Sometimes, there may be a dispute regarding whether or not certain types of damage qualify under a policy. However, rejection of a claim that should be rightfully approved is a form of bad faith action by an insurance provider.

What Does a Los Angeles Storm Damage Lawyer Do?

The job of a lawyer is to represent their clients and advocate for their interests. In the case of storm damage, this means representing clients who are dealing with bad faith issues from their insurance provider. There are many laws that protect insurance consumers, but taking advantage of those protections can often be a complicated process, and the help of an experienced lawyer may be invaluable.

Insurance policies are often filled with complex language, and it can be difficult to decipher what damage fits the qualifications of a policy and how much compensation should be awarded. We are able to understand complicated policies, have damage evaluated, determine what you should reasonably expect from an insurance provider, and identify if you may be dealing with a bad faith issue.

When there is a dispute or other bad faith concern with an insurance provider, we can represent you throughout the process of seeking a remedy for the situation. These disputes and concerns are generally resolved through a negotiated settlement or taking the claim through litigation, allowing the court to issue a ruling.

Negotiating a Settlement

At Sawyer & Labar LLP, we always ready ourselves for litigation as soon as we begin working on your case. However, before a claim is filed or goes through litigation, there is often an attempt to negotiate a settlement between the two parties. This is because, in most cases, a settlement could be advantageous to both parties. One of these advantages is that settlements are often resolved much more quickly than taking a claim through litigation.

Settlements also have the advantage of avoiding leaving the decision in the hands of the court. There’s no way to be certain of the result litigation will produce, and this creates a significant amount of risk for both sides.

There are also some real advantages to having an experienced lawyer negotiating a settlement on your behalf. These negotiations are often complicated, but our experience can be helpful in knowing how to secure the strongest offer. The presence of a lawyer often encourages insurance providers to take the situation more seriously as well. It makes it clear that taking the case to court is a legitimate risk if no settlement can be reached.

Ivo Labar is a skilled trial attorney, meaning he won’t rest until you receive the compensation you need. His reputation as a fierce litigator also means that insurance companies are more likely to present a fair settlement.

Litigation

While there may be some advantages to settling the case, it’s absolutely vital that the settlement provides the compensation that you need. There are times when even the strongest offer that can be negotiated fails to meet that bar. If that’s the case, filing a claim with the court may be necessary, and we can represent you through this process.

We can help prepare and submit the paperwork that is necessary for the process. We also represent you and advocate for your position in any hearings before the court. We put forth a strong case for why the insurance provider has not met their obligations according to your policy agreements and under the law.

What Kinds of Damage Could a Storm Cause?

Storms can cause damage to properties in a number of different ways. The rainfall can often be significant and lead to issues when the moisture seeps into unprotected areas. Characteristics like wind, hail, and lightning all pose their own forms of risk to a property as well.

In many cases, these damages should be covered under standard property insurance policies. However, if the storm causes flooding, compensation for damage resulting from the flood may only be available if you have a flood insurance policy, which is usually offered and carried in areas where there is a greater likelihood of flooding.

Some of the more common storm damage concerns include:

  • Damage to a Roof. While a roof is designed to protect the rest of a structure from the elements, including storms, there are times when the force of the storm can be too much. Hail can lead to holes, dents, and other damage. Wind can cause shingles and other materials to be blown off the roof. A roof could also be damaged by branches or even whole trees being blown by the wind onto the roof.
  • Window Damage. Wind and debris could lead to shattered or otherwise damaged windows.
  • Damage to Siding and Outer Walls. Wind and blowing debris can lead to tears, punctures, and other damage to the siding and the outer walls of a structure.
  • Electrical System Damage. Lightning is a massive electrical release, and a strike to or near a home could lead to power surges that damage wiring, appliances, and other parts of an electrical system.
  • Fire Damage. Storms can often pose a fire risk. Sometimes, these fires are caused by lightning strikes, but many fires are also started by debris and falling trees knocking down power lines, sparking a fire. In this case, smoke damage could be a concern as well.
  • Leaks Causing Internal Flooding. When rain leaks in through damaged or poorly protected parts of a structure, it could lead to internal flooding. This could cause water damage to many different parts of a home or commercial building. Personal property could also be damaged.
  • Structural Damage. The structure of a property can be damaged in a variety of ways in a storm. Water can cause damage to structure elements, weakening them or causing them to rot. A fire caused by the storm could create structural issues. Falling trees also pose a risk to the structural integrity of a property.
  • Floods. If a severe storm leads to flooding, it can cause extensive damage to a building and the personal items within. However, separate flood insurance is often required to address these issues.
  • Ground Saturation. Another issue that may require flood insurance and not be covered under a standard policy is the issue of ground saturation, which can do damage to foundations and basements.
  • Debris Removal. In some situations, debris removal can be substantial and costly. Excessive debris can result from high winds during a severe storm.

What Types of Insurance Policies Cover Storm Damage?

Storm damage often results in issues that need to be addressed through a property insurance claim. Broadly speaking, these are policies that cover a wide variety of property, both personal and commercial. However, there are several different forms, including the following:

  • Homeowners Insurance. For homeowners, an insurance policy will usually address a range of potential issues, including damage to a home, property within the home, and even incidents on the property. It’s usually a stipulation of a mortgage or loan that a certain level of homeowners insurance is carried until the loan is paid off.
  • Commercial Insurance. Commercial properties could be impacted and damaged by a storm in many ways, and they should be protected by insurance. Losses that may be covered include buildings, materials and supplies, product inventory, equipment and machinery, and possibly even business losses if operations are halted or reduced due to storm damage.
  • Landlord Insurance. Those who are renting out a home may have a policy that covers both the structure and potential loss of rental income if they are unable to rent the property due to the damage.
  • Flood Insurance. Flood damage isn’t typically covered under more standard property insurance policies, and it often requires special policies. These are often mandated by lenders in locations that are more likely to suffer flooding.

Get Help Seeking the Insurance Compensation That You’re Owed After Storm Damage

When you have suffered damage to your property following a storm, it can be frustrating to find that your insurance provider is failing to meet their obligations according to your policy. These bad faith actions can leave you waiting to receive the funds needed to make repairs, short-changed compared with the compensation that you need, or denied altogether and wondering what to do next. We may be able to help you seek the compensation that you’re owed.

At Sawyer & Labar LLP, we know how challenging it can be when insurance has failed to provide coverage as you expected. We understand the laws involved in holding insurance companies accountable, and while we can attempt to negotiate a settlement, we are prepared to seek compensation through litigation as well. If you’re having trouble getting what you believe that you’re owed after storm damage, contact us to discuss how we can help you.