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How Much Time Do I Have To Dispute An Insurance Claim?

There are statute of limitations in each state that specify the amount of time you have, to file suit, before the statute of limitation expires.  These statute of limitations may not apply to your insurance policy because the industy has been reducing your time to file suit within your policy language or within the state statutes themselves. 

Many insurance policies have language that limits your time to file suit to 2 years or less.  In fact in many policies the language requires you to file suit within one year from the date of loss.  

At the most you will have 2 years, in many states you will have 1 year unless the legislators have passed statutes to allow 2 years.

This means you do not have much time.  You can't sit on this and hope it will get better.  Your claim is perishable and you can't wait until the last minute to try to figure out what to do because you will need professionals to be able to have time to do their job in order to recover your money.

When you have a property insurance loss the carrier will send an insurance adjuster to your home and he will create a build back estimate of your damages.  You will usually receive a copy of that buildback estimate within 30 days of the adjuster visit.  Remember the clock is ticking from your actual date of loss.  So by the time you receive your build back estimate, 15-60 days may have passed from your date of loss.  

That's why we feel it is so important to order your Aviana 1 2 3 Insurance Claim Audit Report as soon as you have your buildback estimate.  The clock is ticking.  By the time you get your 1 2 3 report your claim could be into its third month.

Once you get the Aviana 1 2 3 report you will be in a position to understand if you have been underpaid and how much you have been underpaid.  That is information for you, your public adjuster, or attorney to determine your next steps.

If you need a public adjuster then it will take the public adjuster 30-90 days to attempt to settle your claim with your insurance carrier.  This will be the fastest way to get your money if the public adjuster is successful.  The clock is ticking.  It's now 6-7 months from your date of loss.

If the claim is not paid, the public adjuster will often refer you to an attorney that can handle your claim. The attorney needs time to do his job.  The attorney will then write a letter to your insurance carrier and attempt to settle the claim.  If he can't settle the claim, the suit must be filed.  This could settle within a month or it could go on for years as the insurance company keeps delaying payment using the legal system to their advantage.   

But no matter what, your suit has to be filed within the short time period stated in your insurance policy or state statute or you will get nothing even if you were otherwise entitled to be paid.  

When you order the Aviana 1 2 3 report, you will have the powerful information, about your claim, to move forward.  

 

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All information and content on this website is provided “as is,” without any warranty, express or implied, including but not limited to implied warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or noninfringement. The Avaina 1-2-3 Report is an independent audit of homeowners’ insurance claims and is intended for informational purposes only. Use of this website and the report does not constitute legal or financial advice, and homeowners should consult a licensed professional if needed. See additional terms and conditions at the links provided below.

The Avaina 1-2-3 Report is based on expert human review of insurance build-back estimates and is independent of any insurance company. Availability, coverage, and results may vary depending on the individual claim, jurisdiction, and insurer practices. Homeowners are responsible for reviewing the report and determining the next steps for their claim. For questions regarding the report or your specific claim, please contact Avaina Corporation directly.