When you file a property damage claim after a storm, flood, or another disaster, you expect your insurance company to provide financial support, not excuses.
One of the most common tactics insurers use to deny valid claims is by labeling the damage as “pre-existing.” This can be incredibly frustrating, especially when you know the damage was caused by a recent event like a hurricane or windstorm.
If your claim has been denied for this reason, you’re not out of options. Here’s what you need to know, and how Gelber Law Group can help you take action.
What Does “Pre-Existing Damage” Mean in Insurance Claims?
Insurance policies are designed to cover sudden and accidental losses, not wear and tear or long-term issues. Insurance companies use the term “pre-existing damage” to suggest that the damaged condition of your property existed before the insured event occurred, such as roof damage, which they say was due to old age, not hurricane winds.
But just because they claim the damage was pre-existing doesn’t mean they’re correct. In many cases, insurers fail to conduct a proper inspection, overlook relevant damage, or rely on vague policy language to justify a claim denial.
How to Respond to a Pre-Existing Damage Denial
Here are steps you can take if your insurance company denies your claim due to alleged pre-existing damage:
1. Request a Written Denial
Get the denial in writing so you can understand exactly why your claim was rejected. Insurance companies are required to provide specific reasons for denials. The denial will likely be sent to you in a letter. Save that letter and show it to a property damage attorney.
2. Gather Proof
Photos or videos taken before the loss occurred can be powerful evidence. If you have images showing the condition of your home before the storm, you can prove the damage wasn’t there beforehand. We always recommend taking photos and videos of your property at the start of hurricane season or before a storm. But you can also check through your phone’s camera roll, or ask a neighbor in front of you if they have outdoor cameras that show parts of your home. This evidence can be invaluable and make or break your claim.
3. Get an Independent Inspection
We can help you bring in a licensed contractor or public adjuster to assess the damage to your home. Their findings may contradict the insurer’s position and support your claim. Remember, the insurance company has its own adjusters who go to inspect your property, but those adjusters work for the insurance company. You need a team that works for you – that’s where Gelber Law Group comes in.
4. Consult a Property Damage Lawyer
A lawyer can review your denial, inspect your policy, and determine whether the insurance company acted in bad faith. If necessary, we can pursue legal action and fight to recover the compensation you’re owed.
How Gelber Law Group Can Help
At Gelber Law Group, we understand the tactics insurance companies use to avoid paying claims. We work with homeowners across Florida to push back against denials and delays, especially those based on questionable “pre-existing” damage claims.
Our attorneys conduct independent evaluations, gather the evidence needed to support your case, and aggressively advocate for full compensation. If your claim has been denied, let us step in and fight for you.
FAQs About Pre-Existing Damage Claim Denials
1. Can my insurance company deny my claim just because my roof is old?
No. While age may factor into depreciation, if your roof suffered sudden damage during a storm, your policy may still cover it.
2. What kind of proof can help fight a pre-existing damage denial?
Photos, videos, inspection reports, and contractor evaluations from before and after the loss can all help prove your case.
3. Should I hire an independent adjuster?
Yes. An independent adjuster can provide an unbiased assessment of your damage and help support your claim. We can help you with this step!
4. Can a lawyer overturn a denied insurance claim?
In many cases, yes. If the denial is unjustified, a lawyer can challenge the insurer, negotiate a settlement, or take the case to court if necessary.
5. Is it too late to act if my claim was already denied?
No. As long as you’re within your policy’s deadline to appeal or file suit.
Need Help Fighting Back? We fight insurance companies when they fail to honor valid claims.
If your property damage claim was denied under the excuse of “pre-existing damage,” don’t accept it as the final word.
Let Gelber Law Group evaluate your case at no cost. We’ve helped countless Florida homeowners challenge unfair insurance decisions and recover the payouts they deserve.