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Is there a statute of limitations for appealing a denied claim?

On Behalf of | Dec 14, 2021 | Residential Homeowner's Insurance Litigation

If your home is damaged, one of the first things you’ll do is make a homeowners’ insurance claim. Your policy likely goes over many different situations and the kinds of coverage you’ll receive if your home is damaged because of high winds, flooding or other problems.

Common claims that South Florida homeowners make usually include:

  • Claims for water damage
  • Claims for fire-related losses
  • Hurricane or windstorm damage
  • Theft and vandalism
  • PVC drain line breakages
  • Sinkholes
  • Mold

All of these problems can damage your home and leave you with a hefty bill if you don’t carry insurance. Fortunately, if you do, then your insurance policy should cover at least part of the repairs.

What happens if your homeowners’ insurance claim is denied?

Sometimes, homeowners’ insurance companies deny claims. They may deny the claim you made because there isn’t enough evidence of damage or because the company believes that your policy doesn’t cover this particular issue.

You may not agree. It’s a good idea to appeal the denial if you don’t so that you can seek the benefits that you deserve under your insurance policy.

How long do you have to appeal a denied homeowners’ insurance claim?

If you want to appeal a denied claim, then you should make that appeal as soon as possible. The statute of limitations for appealing a denied homeowners’ insurance claim is five years, but the sooner you make the appeal, the better. You should appeal sooner because you’ll be able to collect more evidence of damage to your property now than you will be able to later.

You may have more contacts to communicate with and be able to base additional appeals on ongoing clean-up efforts or national declarations of disasters. If you wait too long, you may forget about certain parts of your claim and the damage that was done, which could make it weaker overall.

If your claim is denied, don’t be afraid to appeal. It is your right as someone who has invested in an insurance policy to be sure that the company is treating you fairly. If they are acting in bad faith, you should be able to seek compensation.

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