The two year anniversary of Hurricane Ike is rapidly approaching. In approximately 2 months, we will be nearing the end of another Hurricane season and the anniversary of Hurricane Ike, September 13, 2008, when Ike devastated the Gulf Coast of Texas. This anniversary date is a reminder to all homeowners that the window to file a Hurricane Ike Lawsuit may be closing (depending on the facts to a specific insurance claim). In Texas, there is a specific time period in which a potential litigant can file a claim depending on the type of claim the person wants to file a lawsuit upon. The Statute of Limitation a/k/a “SOL” is the time period in which you must file a lawsuit in Texas regarding a particular claim or you are forever barred from filing the lawsuit. In other words, if you don’t file your lawsuit by the statute of limitations in your specific case (which is independently calculated based on the facts of your claim) then you are barred from recovery of damages forever.
Many homeowners filed Hurricane Ike insurance claims with their insurance carriers and were involved in typical claims handling practices such as delay tactics, under payments, improper scoping of damages and tag team adjusters. Usually, it takes adjusters several months to conclude an Ike claim from start to finish and for some the claims are still open with no resolution in sight. Another tactic by insurance companies was to respond quickly to Ike claims by going to the property but spending very little time scoping the damage at the property and concluding that the damages were “less than the deductible.” This resulted in a zero payment to homeowners at the end of the day and allowed the adjusters to close the file, get paid, and move on to the next. The more files an adjuster could handle and close, the more money the adjusters made. This is and was to the detriment of thousands of Texans. Act now and know your rights. It is imperative that you gain information as to how the Statute of Limitations a/k/a “SOL” affects your lawsuit and ability to bring a claim for damages in the future. In other words, if you don’t find out when your statute of limitation runs out in your case, you might be “SOL” when you try to file your lawsuit.
If you have decided that you want to file a lawsuit for your Hurricane Ike claim and plan on consulting with an attorney, here is a check list of some documents you will need to bring with you to make the SOL determination easier:
1. Copy of your Insurance Policy pertaining to your Home that was in effect during Hurricane Ike (or closest policy to the date of Hurricane Ike)
2. Photos of damages to the property
3. Any correspondence such as letters and emails between you and the insurance company/insurance agent related to your Hurricane Ike claim
4. Any estimates, engineer reports, receipts, invoices or bills pertaining to your Hurricane Ike claim
5. Any public adjuster documents, if any, pertaining to the insurance claim
6. Information pertaining to the payments you received, if any, from the insurance company related to your Hurricane Ike claim
This information will contain important details that pertain to the calculation of the statue of limitations in your specific case and vary from claim to claim.
Come down to our office and let us help you get the money you deserve for your Hurricane Ike damage, before it is too late.
