Common Types of Property Damage Claims

According to Louisiana law, willful damage to property refers to “the simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner.” This includes vandalism and malicious disruption affecting your home, business, or vehicle.

What are the common examples of willful damage?

Common examples of willful damage include:

• Damage to windows
• Broken exterior lights
• Cutting or damage to trees, bushes, and other landscaping
• Graffiti
• Arson
• Knocking down mailboxes, signs, and other property

Does my homeowner’s insurance cover willful damage to my home?

Homeowner’s insurance should cover this type of damage, but you will need to read your policy to determine your specific coverage. In most cases, homeowner’s insurance will cover the cost of repairs or replacement of the damaged or destroyed property.

Does my auto insurance cover willful damage to my vehicle?

It depends on your insurance policy. If you have full coverage, then it is likely that willful damage to your vehicle is covered.

According to the Insurance Information Institute, insured losses from tornadoes top about $17 billion in the average year. Even a relatively weak EF0 tornado, which reaches maximum wind speeds of 85 miles per hour, can result in downed trees and other property damage. The most serious tornado, an EF5, has wind speeds of greater than 200 miles per hour and will destroy nearly every building in its wake.

Is the tornado damage to my home or vehicle covered by my insurance policy?

Your homeowner’s policy should cover tornado damage. Unfortunately, that does not mean that your insurance company will simply hand over a check for 100% of the cost of repairs and replacement. You may have to fight to get a speedy and fair payout.

If your vehicle is damaged in a tornado, it might be covered by your homeowner’s insurance policy if it was being kept in a garage at the time it was damaged or destroyed. Otherwise, your auto insurance policy might cover damage, depending on the level of coverage you elected to purchase.

Is debris removal included in my insurance policy?

Most homeowners’ policies will pay “reasonable expenses” for debris removal of your covered property. This would include removing damaged shingles, siding, etc. While there is likely no compensation for lost trees or bushes, your policy likely covers “reasonable expenses” to remove critically damaged trees and bushes from your property.

Fire damage in your home or business can be caused by everything from arson to downed power lines. In 2021, there was nearly $16 billion of direct property damage in the United States. This does not include the significant costs of secondary property damage from the smoke itself, or from the water or chemicals used to put out the fire.

Is fire damage included in my homeowner’s policy?

Fire damage is standard in most homeowners’ insurance policies. However, there might be exceptions for certain types of fires or for a homeowner’s actions that the insurance company claims led to the fire. You can purchase separate or additional coverage if you live in an area at high risk for fire.

What are the most common causes of fire damage?

Many things can cause fire damage in a home. Some of the most common causes include:

• Poor electrical work
• Lightning strike
• Overloaded electrical systems
• Ovens and other appliances
• Grills
• Furnaces
• Defective washing machines

Should I clean up the fire damage as soon as possible?

Many homeowners want to get back to a sense of normalcy as soon as possible and want to clean up the debris immediately. Remember that there could be evidence your attorney needs to prove your claim. Before removing anything, get written confirmation from your insurance company that they have fully inspected the site. Talk to an attorney if you are not sure.

The first step is to contact your insurance company and file a claim. The insurance company will then assign an adjuster to your case, who will start working on it. They will talk to you directly and inspect the property you are making a claim for. When they have completed their inspection, they will decide how much the insurance company is going to pay you

In the unfortunate event that your insurance provider denies your claim, you should make sure you get the denial in writing. Then contact a Louisiana property damage attorney for help.

Insurance companies often give the impression that you have no choice but to accept their offer. This is not necessarily true. If you do not believe that what they are offering is fair, you have the legal right to obtain fair compensation.

Remember that the insurance adjuster works for the insurance company – not you. Insurance companies make money by taking in more money in policy premiums than they pay out in claims. Their goal is to pay as little as possible without triggering a lawsuit.

At Huber Thomas Law, we have seen insurance companies delay claims in the hope that the insured will either give up on collecting their claim or be willing to accept less than their claim is worth to get the process over with. Do not fall for this tactic – contact a property damage attorney instead.

Most homeowners, renters, and condo insurance policies will include additional living expense (ALE) coverage. It is designed to pay for extra expenses a homeowner faces if they are unable to live in their home due to a covered insurance claim.

What expenses does ALE cover?

ALE aims to bridge the gap between what your typical household expenses would have been if your property had not been damaged, and the additional expenses you incur due to the damage. It can cover things like:

• Hotels or rent for other temporary housing
• Additional food costs related to not having a kitchen (i.e., the cost of eating in restaurants)
• Paying for laundry services
• Boarding your pets
• Replacing your clothing
• Storage costs
• Renting furniture

Renters insurance and condo insurance also typically have additional living expenses insurance.

What are the limits for ALE?

It depends on your specific policy, but generally, it will not be higher than 20% of your dwelling coverage. For example, a 20% ALE limit on a home insured for $200,000 would be $40,000. This coverage aims to keep you at your “normal standard of living.” What this means could be negotiated between you and your insurer.

There might be time limits to your ALE coverage as well. Your insurance policy’s declarations page will outline the specifics of your ALE coverage.

What happens if my home is only partially damaged?

If you suffered damage from a hurricane or have other types of property damage claims in which it is not obvious that your home is uninhabitable, your insurance provider might claim that ALE coverage does not apply as you can live in your home.

Your property damage attorney can help you win a claim for ALE coverage in the event of such a denial.

Yes. You do not have an unlimited amount of time to decide what your next step is. The statute of limitations on property damage claims in Louisiana is generally two years from the date the damage occurred. This is just one of the reasons to talk to a successful property damage attorney as soon as possible.

When you contact Huber Thomas Law, we will begin by reviewing your claim and the damage to your property. Our next steps will depend on the specifics of your case but could include the following:

• Working with expert witnesses
• Using cutting-edge technology to recreate the conditions of the cause of the damage
• Extensive research to build a strong claim on your behalf

More than nine out of ten cases will settle out of court, but we prepare for every case as though it is going to trial. This shows the insurance company that we are serious about recovering the maximum compensation we can. It also ensures that we can take your case to trial to get a fair outcome if required.

The above covers three of the many types of property damage claims you might face. At Huber Thomas Law, we can help with other insurance claims, including those related to hurricane damage including the most recent Hurricane Ida which made landfall in 2021. If you are ready to hold your insurance company accountable and get help recovering the maximum compensation you are eligible for, contact us today for a free legal consultation.