By Sean-Christopher Castle, Managing Partner | Cardinal Law Post-Hurricane Legal Series
Why This Matters Right Now
Hurricane Melissa left thousands of Jamaicans dealing with damaged homes, destroyed belongings, and the stress of trying to file insurance claims. Too many people make simple mistakes that delay their claim or leave them with far less than they should receive.
This guide explains the most common errors and how to avoid them.
1. Not Taking Photos and Videos Immediately
Many people start cleaning too quickly. Without evidence, the insurer’s loss adjuster may reduce or dispute the claim.
What to do:
– Take clear photos and videos as soon as it is safe.
– Capture everything from multiple angles.
– Back up your media to email or cloud storage.
If your device is damaged, ask someone else to record it for you.
Pro TIP(s): screenshot the date, time and location of the pictures/videos; e-mail the pictures/videos to yourself
2. Only Calling the Insurer Instead of Writing Them
A phone call is not a reliable record. If there is a dispute, the insurer may say they never received notice.
Send an email, WhatsApp message, or text stating:
- Date and time the damage occurred;
- What was damaged;
- Your address;
- Photos or videos.
Ask the insurer to confirm receipt.
3. Throwing Away Damaged Items Too Early
Loss adjusters need to see the actual items. If they are thrown out before inspection, the insurer may claim there is not enough evidence.
What to do:
- Photograph each item/location individually, in place
- Move damaged items to one area;
- Keep everything until the insurer gives written or documented approval to discard them.
4. Not Reading the POLICY, EXCESS/DEDUCTIBLE and Exclusions
Many people only realise their deductible or exclusions after the damage. Hurricane policies often include percentage-based deductibles, windstorm limits, flood exclusions, and caps on contents. So, there may be a significant amount you may have to pay out of pocket.
Ask your insurer or broker for a breakdown of your coverage.
5. Doing Repairs Before the Insurance Loss Adjuster Arrives
Permanent repairs before inspection can cause problems. The insurer’s loss adjuster must document the original damage.
Only conduct temporary emergency repairs, keep receipts, and wait for confirmation before major works.
6. Claiming Too Little
Homeowners often claim only the visible structural damage. Hurricane damage usually affects far more such as electrical wiring, plumbing, tiles, walls, electronics, appliances, furniture, bedding and clothing.
Prepare a complete list of everything damaged and the replacement cost.
7. Confusing Loss Adjusters, Assessors, and Valuators
Many Jamaicans confuse these three roles.
Loss Adjuster: works for the insurer and assesses the claim on their behalf.
Assessor: works for the insured to help prepare and negotiate the claim.
Valuator: determines the market or replacement value of a property but does not handle claims.
Understanding the difference can change the outcome of your claim.
8. Missing NHT Peril Insurance Deadlines
Borrowers with NHT mortgages must follow peril insurance timelines. NHT has issued guidance titled ‘Hurricane Melissa Peril Insurance Claims‘ on its website. Missing deadlines can affect the outcome.
9. Accepting the First Offer Without Question
Loss adjusters sometimes undervalue damage. You are not required to accept the first offer.
Get your own contractor estimate, compare figures, and request reinspection if needed.
10. Not Keeping a Paper Trail
A clean record protects you.
Keep:
- WhatsApp messages, emails, letters;
- Inspection reports;
- Estimates and receipts;
- Photos and videos before and after repairs.
Good documentation protects your claim.
11. Waiting Too Long to Get Legal Advice
Many wait until the insurer delays or denies the claim.
Seek legal advice early if:
- The damage is major;
- The insurer claims insufficient evidence;
- The offer is too low;
- The claim is denied;
- Communication is poor.
Cardinal Law can help prepare dispute letters, review claims, negotiate, or escalate matters.
A Note to Homeowners and Families
Insurance is meant to help you rebuild. If you avoid these mistakes you improve your chances of a fair payout.
If your insurer is delaying, reducing, or disputing your claim, Cardinal Law can guide you through your options.
About the Author
Sean-Christopher Castle is a Partner at Cardinal Law, Attorneys-at-Law, based in Kingston, Jamaica. His practice focuses on real estate and development law, civil and commercial litigation, employment law, bankruptcy and insolvency, and strata and property management.
He regularly advises clients on property transactions, construction matters, and risk management related to hurricanes and natural disasters.
You may e-mail him at seanc@cardinallawja.com, call 876-728-9757, or WhatsApp 876-530-1787.About the Author
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Disclaimer
This post was written by an attorney, but not your attorney. It is shared for general information and education, not for any specific legal advice. Every matter is unique, and laws or government policies may change. You should always consult your own attorney-at-law before making decisions that could affect your rights or obligations.
While every effort has been made to ensure accuracy, Cardinal Law, Attorneys-at-Law assumes no responsibility for any loss or action taken in reliance on this publication.
© Cardinal Law, Attorneys-at-Law. All rights reserved.
Cardinal Law, Attorneys-at-Law
Kingston, Jamaica | www.cardinallawja.com | @cardinallawja
