Once a storm passes and the sky begins to settle, reality kicks in. Many people are left with destruction and just want to get their lives back on track again. This usually means that individuals must start reaching out to their insurance company and file a claim for damages. So, what are the time limits to be mindful of when dealing with hurricane damage claims?
Generally, if an individual is unable to come to an agreement with their insurance company to cover their losses after a catastrophic event like Hurricane Ida, he or she has the right to file a lawsuit. According to La. R.S. 22:868(B), the lawsuit must be initiated within 24 months after the date of loss . Even if the matter is still in dispute with the insurance company, the lawsuit must be filed within two years from the date of damage.
With that said, prescription may be extended or limited per contractual agreement between the insurer and the insured. However, this agreed upon time may not be a period of less than one year from the cause of action.
This two-year period is not to be confused with the deadline to submit proof of loss to the insurance company. La. R.S. 22:1264(A) states that proof of any losses that arose from a catastrophic event that was declared a state of disaster or state of emergency should be submitted within 180 days. This period does not begin to run until there is no longer a declaration of emergency inexistence in the area. During this time, no claim for losses may be automatically denied for inability to provide proof of loss.
It is important to be cognizant of these time periods following a disaster so that you do not miss a deadline, which may result in you not being compensated or reimbursed for losses and expenses.
Check out our Hurricane Damage Checklist here.
If you or someone you love has been impacted by Hurricane Ida, call us today for a free consultation! PHONE CARDONE at 504-522-3333, 833-597-1818 (toll-free), 225-706-3920 (Baton Rouge office), or email us at firstname.lastname@example.org.