What's the Deadline for Filing a Storm Damage Claim?
The answer depends on the type of claim you bring, the state you reside in, and the terms of your own individual home or business insurance policy. Most insurance policies contain a provision that prohibits lawsuits from being filed more than two years after a cause of action "accrues."
A common mistaken belief is that this clause means the cause of action accrues on the day a storm hits. However, in many cases, it may not accrue until the day your claim is wrongfully denied. In some cases, the insurance company may not have any time limit on claims, such as the case with policies from the Texas Windstorm Insurance Association (TWIA). A significant number of storm-related legal battles will involve breach of contract claims. Breach of contract claims are the legal actions taken against someone for not honoring their part of the agreement and are a type of civil wrong. The statute of limitations is the time allotted to you after an accident takes place for which you can file.
The statute of limitations will depend on the state whose law governs the policy, such as:
- Texas: 4 years
- Louisiana: 10 years
- Mississippi: 3 years
- Alabama: 5 years
- Georgia: 6 years
- Florida: 5 years
If you believe you have a claim for breach of contract or any other cause of action arising from an insurance company's unreasonable delay or denial, it's important to take action immediately so that you protect your right to recovery. Make yourself aware of your state's policies regarding statute of limitations and keep a close watch on your insurance company so that nothing falls between the cracks without your knowledge.