Top Mistakes to Avoid When Filing a Hurricane Insurance Claim in Louisiana

After a major storm, every day you wait can cost you money. Louisiana’s 2024-25 hurricane seasons promise more intense systems and higher reconstruction costs—yet insurers continue to deny, delay, or underpay claims. Below are the seven errors that most often derail a hurricane insurance claim in Louisiana and how the New Orleans storm damage attorneys at Binegar Christian, LLC can help you sidestep them. 

Hurricanes strike fast, but the fallout drags on for months—or years—if your insurance claim stalls. Each misstep you make gives the carrier room to deny, delay, or underpay. Below, the New Orleans storm damage attorneys at Binegar Christian, LLC explain the most common storm damage insurance mistakes Louisiana homeowners make, the statutes that govern your rights, and the practical steps that keep money flowing when you need it most. 

1. Waiting Too Long to File Your Claim

Louisiana Revised Statute 22:1264 gives property owners at least 180 days after a declared catastrophe to submit a sworn proof of loss. Missing that window lets the carrier close the file—or force you to sue merely to reopen it. Louisiana Department of Insurance 

How to stay on track: 

  • Day 0–7: Notify your carrier via the 24-hour phone line or online portal. 

  • Day 1–30: Upload photos, videos, and an itemized contents list. 

  • Day 30–60: Follow up weekly until an adjuster contacts you. 

  • Day 60–180: File your formal proof of loss, even if repairs aren’t finished. 

2. Not Reviewing Your Policy Before Filing 

Every contract hides surprises: separate hurricane deductibles up to 5%, mold caps as low as $10,000, or outright exclusions for wind-driven rain. Pull a fresh copy from your agent and highlight: 

  • Dwelling, other-structure, and ALE limits 

  • Endorsements (ordinance & law, debris removal, code upgrade) 

  • Flood vs. wind coverage triggers 
    Understanding coverage avoids wasting weeks arguing about items your policy never covered.

3. Failing to Document All Damage Thoroughly 

Carriers pay what you prove, not what you lost. Walk every room with your phone set to 4K video; narrate the date, time, and item values. Photograph: 

  1. Roof decking, attic water lines, and insulation sagging 

  2. Baseboards, drywall seams, and flooring cupping 

  3. Serial numbers on HVAC units, refrigerators, and generators 

  4. Every receipt for plywood, tarps, fuel, and hotel stays 

4. Making Repairs Before the Adjuster Visits 

Louisiana law lets you mitigate further loss, but permanent repairs before inspection can trigger coverage disputes. Limit work to temporary measures—tarping, boarding windows, setting up dehumidifiers—and keep all receipts. If you must replace a window or patch a roof, photograph “before,” “during,” and “after” stages. Include moisture-meter readings or contractor memos. Those details turn skepticism into faster reimbursement. 

5. Accepting a Lowball Settlement Too Quickly 

Even after 2024’s overhaul of bad-faith penalties (Act No. 3), first offers often land 20-40% below legitimate reconstruction costs.  

Smart counterstrategy: 

  • Request the carrier’s full estimate in writing. 

  • Hire a licensed public adjuster or independent estimator to prepare a parallel scope. 

  • Compare line items—roof square footage, cabinetry grade, electrical code upgrades. 

  • Submit a detailed rebuttal with your expert’s credentials attached. 

6. Not Tracking All Communication with Your Insurer 

Create an email alias dedicated to the claim. Forward voicemails as MP3s, ask adjusters to confirm verbal commitments in writing, and log call dates, times, and employee IDs in a spreadsheet. If delays turn into statutory violations, a neatly organized record strengthens your demand for penalties, interest, and attorney’s fees. 

7. Going It Alone When Disputes Arise 

Adjusters handle hundreds of claims; you handle one. A New Orleans storm damage attorney 2025 season-ready can: 

  • Demand appraisal, mediation, or a statutory cure-period notice before filing suit  

  • Preserve evidence (e.g., wet drywall sections) before repairs erase causation proof 

  • Sue for breach of contract and bad faith if the carrier still refuses to pay 

Because Binegar Christian works on contingency, there are no upfront fees—you pay only if the firm recovers money for you. 

Trigger: Notice of Loss 
Deadline: “Prompt” notice (policy language) 
Statute/ Source: Policy Contract

Trigger: Proof of Loss (catastrophe) 
Deadline: ≥ 180 days 
Statute/ Source: La. R.S. 22:1264 Louisiana Department of Insurance 

Trigger: Insurer payment after proof
Deadline: 30 days 
Statute/ Source: La. R.S. 22:1892 

Trigger: Bad faith “cure period” 
Deadline: 60 days pre-suit 
Statute/ Source: La. R.S. 22:1892.2 Phelps Solutions 

Trigger: Lawsuit filing 
Deadline: 2 years from date of loss (typical) 
Statute/ Source: Policy limitations clause 

Louisiana Claim Deadlines & Statutes at a Glance

Frequently Asked Questions

  • When the governor declares a state of emergency, you generally have 180 days from the date of the storm to submit a sworn proof of loss. Private flood or surplus-lines policies can impose shorter limits, so always check your contract early.  

  • Yes. If hidden damage appears or your contractor’s bid exceeds the insurer’s estimate, request that the claim be reopened. Keep all new photos and invoices. You usually have up to two years from the date of loss to sue if negotiations collapse. 

  • Gather the denial letter, your policy, and your documentation, then call Binegar Christian. Denials often hinge on disputed causation (wind vs. flood) or alleged late notice—both are challengeable with engineering reports and statutory penalties. 

  • In most cases, no. Once counsel is on record, carriers know penalties accrue for bad-faith delays—often prompting faster, fairer offers. Many claims settle within 30–90 days after a lawsuit is filed if evidence is strong. 

  • Standard homeowners policies exclude rising water. The National Flood Insurance Program (NFIP) covers structural and contents flood losses up to preset caps. You must file a separate NFIP claim—using its own proof-of-loss form—within the same 180-day window.  

  • Region-wide rates may rise after a major storm, but contesting an underpayment does not statistically increase an individual’s premium. Louisiana law prohibits retaliatory rate hikes tied to lawful claims activity. 

How Binegar Christian Adds Value at Every Stage

Pre-Claim Review: Free consultation to parse coverage limits and deductibles. 

  1. Damage Documentation Kit: Checklists and cloud-folder templates sent within 24 hours. 

  2. Carrier Negotiation: Line-by-line estimate challenges using Xactimate-certified estimators. 

  3. Statutory Demand & Litigation: Cure-period notice, mediation, appraisal, or suit—whichever achieves faster payment. 

  4. Settlement Execution: Coordination with mortgage holders, contractors, and public adjusters to ensure funds flow where needed. 

Secure Your Claim—Before the Next Storm Hits

Avoiding these seven mistakes—and acting quickly when disputes arise—can mean the difference between a cosmetic patch-up and a full code-compliant rebuild. Since Katrina, Binegar Christian, LLC has recovered millions for Louisiana families—and we’re ready to do the same for you in 2025. 

Secure Your Future with a Free Consultation

Don’t face tornado damage issues alone. When you need an advocate to stand up to insurance companies, reach out to Binegar Christian, LLC.

Get a Free Consultation with Binegar Christian, LLC

Knowing the most valuable and precious asset you own is your home, we fight for each claim as if it were our own. We understand the challenges that come with property damage, insurance claims, and mortgage disputes, and we are here to help you every step of the way. Contact us today to schedule a consultation.