Public Adjusters and Attorneys are integral to protecting Florida homeowners. Public insurance adjusters and property damage lawyers often work together to help maximize the recovery of the client’s insurance claim. The Public Adjuster and the Attorney have separate but crucial roles in the insurance claim process.
A recent study found that public adjusters significantly increased the money a policyholder received from their claim. This report found a 747% increase in insurance payouts from Citizens Property Insurance when a public adjuster was involved. The average storm claim without a public adjuster resulted in a payment of $2,029 versus a $17,187 payment when a public adjuster was involved. Not limiting the findings to storm claims, data from 2004 also found a 19% increase in claim payments for daily losses.
The Collaborative Process
Initial Assessment and Damage Evaluation:
- When a homeowner experiences property damage, a public adjuster typically conducts an initial assessment to evaluate the damage’s extent and estimate the repair cost. This assessment is crucial for building a strong foundation for the claim.
Documentation and Claim Preparation:
- Public adjusters handle the detailed documentation required to substantiate the claim, including photographs, videos, inventories, and repair estimates. This comprehensive documentation helps build a robust case for compensation.
Negotiation with the Insurance Company:
- Public adjusters lead the negotiation process with the insurance company, using their expertise to advocate for a fair settlement. If the insurance company offers an inadequate settlement or denies the claim, the homeowner may seek legal assistance.
Legal Advice and Representation:
- Attorneys step in when some legal disputes or complexities require legal expertise. For example, if the insurance company acts in bad faith—such as unreasonably delaying or denying a valid claim—an attorney can provide legal counsel and represent the homeowner in negotiations or litigation.
Litigation and Legal Action:
- If the dispute cannot be resolved through negotiation, the attorney may file a lawsuit against the insurance company. The public adjuster’s documentation and assessments can serve as critical evidence in court. The attorney handles all legal proceedings, advocating for the homeowner’s rights and seeking appropriate compensation.
Ensuring Compliance and Protecting Rights:
- Public adjusters and attorneys ensure that the insurance company complies with Florida’s insurance laws and regulations throughout the process. They leverage their expertise to protect the homeowner’s rights and interests.
How Can an Attorney Help a Public Adjuster?
Sometimes, though, public adjusters need help to fully collect the maximum insurance proceeds from insurance companies. Lawyers can help in at least two important ways:
- Civil Remedy Notices of Insurer Violation; and
- Filing a lawsuit on behalf of the policyholder.
Lawyers can help public adjusters and insureds by filing Civil Remedy Notices of Insurer Violations (CRNs). A CRN is a critical tool that should be used more often to maximize the benefits under the insurance policy.
Civil Remedy Notice is the first step in the road to an extra-contractual or “bad faith” suit against an insurance company for not acting in the best interests of its insureds. Most Civil Remedy Notices claim that an insurance company commits “bad faith” when it does not attempt “in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”
The second way a lawyer can help a public adjuster- filing a lawsuit – comes as no surprise. Lawsuits are what litigation lawyers do – day in and day out.
Lawyers That Work with Public Adjusters
This brings us to how lawyers can help public adjusters and insureds. Let’s take a typical scenario where an insured has a water loss claim and engages a public adjuster to help navigate the claim. As they will often do, the insurance company drags its heels, attempts to pay the claim slowly, and/or doesn’t pay all that is owed.
The lawyer can then assist the public adjuster by filing a Civil Remedy Notice against the insurance company, thereby giving the insurance company a chance to fix its bad conduct. Hopefully, the insurance company will do the right thing and pay the total value of the claim. In this scenario, the insured is made whole quickly, the public adjuster has maximized the claim for his client, and everyone moves on. If the insurance company still refuses to cure its wrongful treatment of the claim, it may be time to have a lawyer file a lawsuit to enforce the policyholder’s rights.
Filing Civil Remedy Notices for Public Adjusters
Our firm will file a Civil Remedy Notice for a public adjuster’s client at no cost in many scenarios. We provide this service as a professional courtesy to our colleagues in the public adjusting world, as we are all on the same team.