Can My Insurance Company Deny My Claim for Not Filing It Quickly Enough?

When disaster strikes, whether from a fire, hurricane, flood, tornado, or another catastrophic event, filing an insurance claim as soon as possible is critical. However, many Mississippi property owners face unexpected denialsfrom their insurance companies due to late filing.

If your insurer denied your claim for not filing it quickly enough, it is important to understand your rights, policy deadlines, and legal options. At Barrett Law, PLLC, Jonathan Barrett, an experienced Mississippi property insurance claim attorney, helps homeowners and business owners fight wrongful denials and bad faith insurance practices.

How Long Do I Have to File a Property Damage Insurance Claim in Mississippi?

Every insurance policy includes specific deadlines for reporting a loss and filing a claim. These deadlines vary depending on the type of damage and the insurance provider, but common timeframes include:

Immediate Notice Required – Most policies require that you notify your insurer as soon as possible after discovering the damage.
Claim Filing Deadlines – Some policies require claims to be filed within 30 to 60 days of the loss.
Proof of Loss Deadlines – Insurance companies often require a sworn proof of loss statement within 60 to 90 days after the event.
Mississippi Statute of Limitations – Under Mississippi law, policyholders typically have three years from the date of loss to file a lawsuit against their insurer if a claim is wrongfully denied or underpaid (Miss. Code Ann. § 15-1-49).

If an insurance company is denying your claim based on timing, review your policy and consult an insurance dispute attorney to determine whether the denial is justified or wrongful.

Can My Insurance Company Deny My Claim for Filing Late?

Yes, but only if you actually violated the policy’s deadline requirements. Insurance companies sometimes use late filing as an excuse to avoid paying claims, even when the delay is minimal or justified.

When Can an Insurer Deny a Claim for Late Filing?

Your claim may be denied for late filing if:

Your policy includes a strict deadline for claim submission, and you missed the deadline.
You failed to provide proper notice of the loss within the required timeframe.
The delay made it impossible for the insurer to investigate the damage.

However, if you had a valid reason for the delay, such as ongoing disaster recovery efforts, health issues, or lack of access to your property, you may still be able to challenge the denial.

When a Late Filing Denial is Wrongful

Your insurance company cannot legally deny your claim for late filing if:

You provided notice within a reasonable time, even if it was after the suggested timeframe.
The insurance company failed to prove that the delay caused them harm (such as an inability to assess the damage properly).
The delay was beyond your control, such as being displaced by a hurricane, tornado, or fire.
You were not properly informed about strict deadlines in your policy.

If your insurer wrongfully denies your claim, a Mississippi property insurance attorney can challenge the decision and demand full compensation.

What Should I Do If My Insurance Claim is Denied for Late Filing?

If your fire, storm, flood, or other property insurance claim is denied for late filing, take the following steps:

1. Review Your Insurance Policy

Check your policy for:

Notification requirements (how soon you must report a loss).
Filing deadlines (how long you have to submit a claim).
Proof of loss deadlines (when documentation must be submitted).

If your insurer is citing deadlines that don’t match your policy, they may be wrongfully denying your claim.

2. Gather Documentation of the Damage

Even if you filed late, you can still strengthen your claim by providing:

Photos and videos of the damage.
Fire department or emergency response reports.
Independent contractor repair estimates.
Receipts for temporary repairs or living expenses.

A well-documented claim can make it harder for your insurer to justify a denial.

3. Request a Written Explanation for the Denial

Under Mississippi law, insurance companies must provide written reasons for denying claims. Request:

A detailed explanation of why the claim was denied.
A reference to the specific policy language supporting the denial.
Any evidence the insurer has to support its decision.

4. File an Appeal or Dispute the Denial

You have the right to dispute a late-filing denial by:

Providing evidence that the delay was reasonable.
Citing Mississippi laws that protect policyholders.
Submitting additional documentation that supports your claim.

5. Hire a Mississippi Property Insurance Attorney

If your insurance company refuses to reconsider your claim, an attorney can:

Negotiate with the insurer to demand a fair settlement.
File a lawsuit for wrongful denial if necessary.
Hold the insurance company accountable for bad faith practices.

At Barrett Law, PLLC, we help Mississippi property owners fight back against unfair claim denials and delays.

Frequently Asked Questions About Late Property Insurance Claims

How soon should I file a property damage claim?
Most policies require immediate notice—as soon as you are aware of the damage. However, the actual filing deadlinecan range from 30 to 90 days depending on the policy.

What if I couldn’t file my claim on time due to an emergency?
If a natural disaster, displacement, hospitalization, or other emergency prevented you from filing, you may still have a valid claim. Insurers must consider reasonable delays.

Can my insurer deny my claim if I didn’t file a “Proof of Loss” statement on time?
Some policies require a signed proof of loss within 60 to 90 days. However, if you can still provide supporting documents, the insurer may not be able to justify a complete denial.

What if my insurer never told me about the deadline?
If an insurance company failed to notify you of required deadlines, their denial may be wrongful. Policies must clearly define all claim requirements.

How long do I have to sue my insurance company for a wrongful denial?
Mississippi law generally allows three years from the date of loss to file a lawsuit against an insurer for wrongful denial or bad faith insurance practices.

Can I still recover compensation if my claim was denied for late filing?
Yes. Many late filing denials are improper. If you have strong evidence of damage and a valid reason for the delay, you may still recover full compensation.

Denied for Late Filing? Call Mississippi Property Insurance Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation

If your fire, hurricane, tornado, flood, or wind damage claim has been denied for late filing, do not assume the insurer’s decision is final. Many insurance companies use technicalities to deny valid claims, and you have the right to challenge them.

At Barrett Law, PLLC, we help Mississippi homeowners and businesses fight back against wrongful denials and bad faith insurance practices.

Call (601) 790-1505 for a FREE consultation—available 24/7/365. We serve clients across Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Oxford, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon. Let us fight for the compensation you deserve.