Property Damage Claims and Insurance companies

By Pyle Law, Reviewed by E. THomas Pyle September 27 2022 8:44 pm
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Property Damage Claims and Insurance companies

By Pyle Law, Reviewed by E. THomas Pyle September 27 2022 8:44 pm
Property Damage Claims and Insurance companies

Most people consider their home a safe space and their car a necessity to access the world. When either sustains damage, our world can be shaken. Property damage claims are a request for compensation caused by a collision or event, resulting in damage to real or personal property. It can be the result of someone’s actions or due to a natural event.

In Kansas, an insurance company has 30 days from receiving a claim to conduct an investigation. Within that time frame, the insurance company can either pay the claim or send a notice to the insured explaining why the claim is being delayed or denied. No matter your situation, it is wise to hire a property damage claims attorney to handle the insurance paperwork.

The two main types of property damage claims are real property and automobile damage claims.

Damage to Automobiles

In 2020, the Kansas Department of Transportation reported over 40,000 traffic crashes that involved damage to vehicles only (no fatalities or injuries). With such a large number of collisions, it is wise to have adequate car insurance coverage if you reside in Kansas.

Luckily, Kansas offers their residents a program called the Kansas Automobile Insurance Plan (KAIP). KAIP was established in 1950 by the Kansas Legislature. This program is designed to provide insurance for those residents who are unable to find a plan through the free market, and would otherwise be considered “uninsurable.” 

Kansas’s current liability coverage is 25/50/25, meaning that insurance companies will pay $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage.

property damage claim insurance

According to 2020 data, the Kansas DOT found the top causes of car crashes to be:

  • Distracted Driving (inattention)
  • Animals (wild or domestic)
  • Right of way violation
  • Driving too fast for conditions
  • Driver following too closely to another vehicle

Damage to Real Property

If your house has suffered damage, a claim should be filed with your homeowner’s insurance carrier.

In 2021, there were a reported 20,510 storm claims, costing insurance companies to pay over $141 million.

There are two main types of insurance policies: named peril and open peril policies. A named peril policy only covers against the damage or loss as specifically named in the policy. On the other hand, an open peril policy would cover any type of damage or loss, except those specifically excluded in the policy. It is often referred to as “all risk coverage.”

In Kansas, most rental and condominium homeowner’s insurance are named peril policies. These policies typically include protection against fire, lightning, smoke, theft, vandalism or malicious activity, breakage of glass, falling objects, freezing, and other related hazards. 

However, there is usually a separate deductible for wind and hail damage. Kansas ranks first in the nation for recorded F5 tornadoes. F5 tornadoes are estimated to have maximum wind gusts between 261 to 318 miles per hour, causing significant damage to homes. 

Why Is My Insurance Claim Being Denied?

If you filed a claim for property damage and were denied, there may be a few reasons. Common reasons that property damage claims are denied include: non-payment of premiums, not filing in a timely manner, and insufficient documentation of the damage you are trying to claim. 

In Kansas, you only have two years from the time the damage took place to file a claim. After that period ends, the insurance company is within their rights to deny your claim.

Contact a Property Damage Claims Attorney 

A property damage claim can rob you of valuable time and money. An insurance company does not want to pay their fair share and will find any reason to not pay on your claim. 

If you are in this predicament, you should contact a property damage claims attorney to speak to the insurance company on your behalf. Let an experienced attorney earn you the best results. Contact Pyle Law today.

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E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.