Navigating Insurance Claim Denials After Hurricane Helene: A Guide for South Carolina Residents

Oana Johnson October 1, 2024

As residents across the state of South Carolina begin to assess the damage left in the wake of Hurricane Helene, many are facing a new challenge: dealing with insurance claim denials. At Rosen Hagood, we understand the frustration and stress that comes with rebuilding after a natural disaster, especially when insurance companies fail to provide the support you need. This blog post will help you understand your rights and options if your insurance claim has been denied.

The Aftermath: Damage to Homes and Properties in the Upstate

While coastal areas often bear the brunt of hurricane damage, Hurricane Helene’s impact on South Carolina’s Upstate region has been severe and unprecedented. The storm’s inland push brought destructive winds, torrential rainfall, and widespread flooding to areas unaccustomed to such intense tropical weather systems.

In Greenville and surrounding areas, we’ve seen extensive flooding, wind damage, landslides and erosion, and infrastructure damage. The extent of the damage has left many homeowners and business owners in distress, with repair costs often exceeding initial estimates. This unexpected intensity of the storm in the Upstate has led to a surge in insurance claims, many of which are being met with denials or undervaluations.

Common Reasons for Claim Denials

Insurance companies may deny claims for various reasons, including:

1. Insufficient documentation of damage
2. Disputes over the cause of damage (e.g., wind vs. flood)
3. Policy exclusions or coverage limitations
4. Missed deadlines for filing proof of loss or documentation requested

 

Understanding Bad Faith Insurance Practices

Insurance companies have a legal obligation to act in good faith when handling claims. “Bad faith” occurs when an insurer fails to uphold this duty. In South Carolina, bad faith insurance practices may include:

1. Unreasonably delaying the investigation or payment of a claim
2. Denying a claim without conducting a proper investigation
3. Misrepresenting policy provisions or coverage
4. Failing to provide a reasonable explanation for claim denial
5. Using unfair tactics to pressure policyholders into accepting low settlements

It’s important to recognize that not every claim denial constitutes bad faith. However, if you suspect your insurance company is acting in bad faith, it’s important to seek legal advice.

Steps to Take If Your Insurance Claim Is Denied

1. Review Your Denial Letter: Carefully read the explanation provided by your insurance company. Understanding the reason for denial is critical for your next steps.
2. Gather Additional Evidence: If your claim was denied due to insufficient documentation, collect more evidence. This may include:
   • Detailed photographs and videos of the damage
   • Statements from contractors or repair estimates
   • Weather reports from the time of Hurricane Helene
3. Review Your Policy: Carefully examine your insurance policy to ensure you understand your coverage and any exclusions.
4. Keep Detailed Records: Document all communications with your insurance company, including dates, times, and the names of representatives with whom you speak.
5. Submit additional evidence: While most homeowner’s policies do not provide for a specific appeal process, you are always permitted to submit additional information supporting your claim. Submit the additional information you gathered to your insurance company.
6. Consider Legal Representation: If you believe your claim has been wrongfully denied or handled in bad faith, it may be time to consult with an attorney with bad faith insurance litigation experience.

 

How a Bad Faith Insurance Attorney Can Help

At Rosen Hagood, we help South Carolina residents fight unfair claim denials and bad faith insurance practices. Our experienced attorneys can:

• Review your policy and claim to identify potential bad faith practices
• Negotiate with insurance companies on your behalf
• File a lawsuit, if necessary, to recover the compensation you deserve
• Seek additional damages if bad faith is proven, including punitive damages in some cases

South Carolina Bad Faith Insurance Lawyers

While this can be an overwhelming and stressful time; remember that a claim denial doesn’t have to be the end of the road. Many initial denials can be overturned with the right approach and representation.

For over 75 years, we have represented clients across South Carolina. We are here to help you navigate the complexities of insurance law and fight for the coverage you are entitled to. If you are struggling with a denied insurance claim after Hurricane Helene or suspect bad faith practices, contact Rosen Hagood to speak with an experienced bad faith insurance attorney.