Is there a time limit to file a homeowners insurance claim

Homeowner’s insurance provides coverage in event of damage to your property. Your homeowner’s insurance may cover damage from fire, smoke, windstorm, hail and/or snow. Everyone’s homeowner’s insurance covers different damage to their property and you should review your homeowner’s policy to see what type of damage is covered. The date the damage occurs on is usually referred to by your insurance carrier as the “date of loss.” The time in which you have to file a lawsuit is known as the statute of limitations and is measured from the date of loss.

Typically, the statute of limitations for a breach of contract claim in New York is six years from the date of loss pursuant to CPLR § 213. It is important to read your homeowner’s policy, though, because the statute of limitations period in any contract can be shortened by contractual provisions. The statute of limitations period in a homeowner’s policy can be reduced to as little as one year from the date of loss and still be considered valid in New York. If you cannot locate a copy of your homeowner’s policy, you can request one from your insurance carrier. A typical statute of limitations provision in a homeowner’s policy provides “[n]o action shall be brought unless there has been compliance with the policy provisions and the action is started within two years after the occurrence causing the loss or damage.”

It is important to know the statute of limitations period in your homeowner’s policy because the insurance company may not continue to negotiate your claim after that date unless you have filed a lawsuit against the insurance carrier. For example, even if your insurance company has indicated that it is willing to pay something for your loss but needs to complete its investigation first, you still must file a lawsuit against the insurance company before the statute of limitations period expires to ensure that the insurance company will continue to negotiate your claim after the statute of limitation expires. It is also important to keep in mind that the statute of limitations period runs from the date of loss. So, if I had a fire in my house today and sustained damage to one of the rooms in my home, my date of loss would be today, December 8, 2008. Therefore, if my homeowner’s policy stated, “the action is started within two years after the occurrence causing the loss or damage,” I would have to start an action against my insurance company before December 8, 2010 if the insurance company had not yet reimbursed me for my loss before that date.

It is also possible that your homeowner’s policy may not have any provisions shortening the applicable statute of limitations period. If you homeowner’s policy does not have any provisions regarding when an action is to be commenced by, then the six year statue of limitations period pursuant to CPLR § 213 applies.

A fire, theft, storm damage, someone getting injured on your property — these are all unfortunate situations you hope to never deal with. But in the event you do, you’ll be able to rely on your homeowners insurance to help get things back to normal.

If the unexpected happens, you might need to file a claim with your insurance company. When should you file a homeowners claim and what happens after you do? We’re here to provide you with tips on how the homeowners insurance claims process works, so you know the right steps to take to keep your life on track.

When to File a Homeowners Insurance Claim

Yes, your home insurance is there to protect you when your home is damaged, and you might think, “Well, I pay for home insurance so I’m going to use it.” But that may not always be the best mindset. Remember that insurance is best used to bring you back on track for large and unexpected events, but there may be times when you’d simply be better off paying out of pocket. Talk with your agent to understand what the next steps would be if you did decide to file a claim.

Of course, there are many instances where you’ll need to file a claim — why have insurance otherwise, right? The point of your insurance is to make good on a loss and make you whole again. So when should you file a claim? Typically, you’ll file a claim for events that would otherwise cost you more out of pocket than your deductible. For example, if you have a $1,000 deductible and you have $5,000 of damage to your home, you’ll want to file a claim. You may also want to make a claim if the cause of the damage or loss is from a criminal act, like theft or vandalism. Making a homeowners insurance theft claim can help later if the thief is caught and you go to court.

Want to make sure you have the proper coverage in place in case you do have to file a claim? That’s where a Personal Insurance Review comes into play. Taking the time to sit down with an agent to go over your coverages can give you peace of mind that you’ll be properly protected in the event of the unexpected. They’ll help determine if there are any important coverages you’re missing and make sure your limits are adequate.

How Long Do You Have to File a Homeowners Insurance Claim?

The time limit for filing a homeowners insurance claim varies from company to company and state to state, even policy to policy. Most policies list a requirement that a claim be filed as promptly as possible. File your claim as soon as possible after the damage occurs and you’ve decided to report a claim.

How Does Filing a Homeowners Insurance Claim Work?

Familiarizing yourself with the claims process will help everything run smoother if you have to file a claim. Here’s how the claims process works:

Take pictures of the damage. First, you’ll want to be sure to document any damage done to your home by taking video and pictures. These will come in handy when you share them with your insurance company.

Report your claim as soon as possible. Contact your insurance agent or company as soon as possible after you discover the damage. Your personal claims representative will go over your claim with you, discuss if the damage will be covered and what you can expect for next steps.

Fill out the claims forms promptly. Your insurance company will send you the necessary claims forms for completion. Make sure to note any deadlines and return the forms right away.

Document everything. Hopefully, you’ve already taken pictures and/or recorded the damage done to your home, but don’t let the documentation stop there. Save any receipts for costs you incurred as a result of the loss, including any materials you purchased for temporary repairs, or a hotel stay as a result of your home being uninhabitable. This will help determine the total cost of the claim.

Be present for the adjuster. Once you file your homeowner’s insurance claim, an adjuster will be assigned to your claim. The adjuster will make arrangements with you to inspect the damages and complete a repair estimate for the damages that are covered under your policy.

Receive a settlement. The adjuster will issue payment(s) for the damages that are covered under your policy. If you have a mortgage on your home, the mortgage company will also be named on the check for damages to the structure of your home.

Homeowners Insurance Claims Frequently Asked Questions

We’ve highlighted some commonly asked questions to help you better understand what happens when you file a claim.

Review Your Homeowners Coverage With Your Local Agent Today

We want to make sure you understand how your home insurance best protects you. If you have more questions about filing a claim, your agent is your advocate — connect with yours today and they’ll guide you through the entire process.

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