Insurance claims still possible for Hurricane Ida damage, even if your carrier went bankrupt

Property owners, homeowner and commercial, who sustained damage from Hurricane Ida still have nearly a year to file or reopen insurance claims.

Such claims apply to first-party policies, which must include the property owner's name on it, attorney Joey LaHatte said. The prescriptive period for Hurricane Ida extends for two (2) years from the storm's landfall in August 2021. That means insurance claims can be filed until August 2023.

"People absolutely should not give up at this point," LaHatte said. "No matter where you are in the recovery process, you still have another 10 months to file an Ida-related claim."

That also applies to anyone whose insurance company has since gone out of business. Many of those people are now covered by the Louisiana Insurance Guaranty Association (LIGA), a private association of insurance companies established by state law.

"Dealing with LIGA is complicated and they are inundated, but we have been successful in getting mediations and resolutions for many people whose carrier has gone out of business," LaHatte said. "It's not wise to just give up on your insurance claim even if your carrier has gone bankrupt. There is hope."

LaHatte said insurance claims can be filed or reopened even if the property owner has had repairs made or replaced lost contents. He added that it is not uncommon for people to have work done using substandard materials or methods in an effort to complete repairs quickly using the initial funds awarded by an insurance company.

"If your home had hardwood floors before the storm and you replaced those with vinyl, you're still entitled to the cost of reinstalling hardwood floors," LaHatte explained. "The same concept applies for any other repairs or even a new roof. Just because you used different materials does not prevent us from getting you the full amount you are owed."

Before filing or reopening a claim, LaHatte said property owners should gather materials including all damage estimate paperwork from contractors or adjusters, photos of storm damage, receipts from repairs and replacements, as well as receipts for expenses such as hotel stays resulting from an evacuation. If someone has questions about any costs, LaHatte Law provides expert adjusters who can re-assess damages and give their own estimates.

Although some people may be hesitant to hire an attorney, LaHatte said most insurance cases never reach the trial stage. Instead, LaHatte and his team attempt to hold mediations who work with the property owner's best interests in mind.

"We try to get a true quantification of the loss and then work with the carrier on mediation. People sometimes think it's over if they receive a small check, but if you fight them and bring forward true damages and information, you could be entitled to a larger check," LaHatte said. "We try not to file a lawsuit, but we will if we have to and sometimes it is required to file suit to get the attention of the carrier. It's all risk-free to the property owner. If we are not successful, we don't send a bill."

LaHatte added that those in Louisiana should consider that insurance companies' attention and resources has shifted to Florida, where Hurricane Ian recently caused extensive damage.

"If you don't have someone who is willing to push the issue and ensure that they respond, the companies will probably just ignore you," LaHatte said. "We certainly feel for the people in Florida and we know what they are going through, but that doesn't negate the fact that people in Louisiana deserve the full amounts they are entitled to as well."

LaHatte Law has more than 11 years of experience helping clients and keeping insurance companies accountable. The firm's offices are located at 2000 Clearview Parkway, Suite 203, Metairie. For more information or to schedule an appointment, visit www.lawyerlahatte.com. And, you can call 504-309-2996.

LA-22-14178

Results May Vary – if no recovery - no fees, no costs, no expenses.

LaHatte Law Firm, L.L.C.

Attorney Joey LaHatte

2000 Clearview Parkway, Suite 203

Metairie, Louisiana 70001

5043092996