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For The Public > Disaster Legal Information For The Public

Disaster Legal Information For The Public

August 22, 2017 – A toll-free legal aid hotline is now available for victims of the recent storms and flooding in West Virginia. The service, which allows callers to request the assistance of a lawyer, is a partnership between the West Virginia State Bar, Legal Aid of West Virginia, the American Bar Association Young Lawyers Division, and the Federal Emergency Management Agency.

A toll-free legal hotline (877-331-4259) is available to connect low-income individuals affected by the disaster with local legal aid providers who can help with:

  • Assistance securing FEMA and other government benefits available to disaster victims;
  • Assistance with life, medical, and property insurance claims;
  • Help with home repair contracts and contractors;
  • Replacement of wills and other important legal documents lost or destroyed in the disaster;
  • Consumer protection issues such as price-gouging and avoiding contractor scams in the rebuilding process;
  • Counseling on mortgage-foreclosure problems; and
  • Counseling on landlord-tenant problems

The hotline is available 24/7 and callers can leave a message any time. Individuals who qualify for assistance will be matched with West Virginia lawyers who have volunteered to provide free, limited legal help. Volunteers will be available soon to assist with the hotline.

Victims should be aware that there are some limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (i.e., those cases where attorneys are paid part of the settlement by the court). Such cases are referred to a local lawyer referral service.

Major Disaster Declaration
A total of 4 West Virginia counties have been approved to receive federal assistance in the wake of major storms and flooding that began in late June. The counties are Harrison, Marion, Marshall, and Wetzel (additional counties may be added later).

Click Here for the full press release

 

Frequently Asked Questions (F.A.Q.)

Who can answer Insurance Questions?

WV Office of Insurance Commissioner
Telephone: 888-TRY-WVIC
Web link: http://www.wvinsurance.gov

National Flood Insurance Program
If you have flood insurance, the first step is to call your flood insurance agent or company with your policy number and contact information. An adjuster will probably be assigned to you within a few days, and he or she will visit with you.

Gather any photos or receipts you had before the flooding, and take photos of water or damaged property in the building. Work with the adjuster on a proof of loss form to calculate the damage for an accurate estimate. That must be filed within 60 days of the flood. Policyholders insured under NFIP can call the FEMA helpline seven days a week with questions about their flood insurance: 803-621-3362.

National Flood Insurance Program (NFIP)
Web link: http://www.fema.gov/national-flood-insurance-program

Scams/Price Gouging

Contact the WV Attorney Generals Office
Telephone:  1-800-368-8808
http://www.ago.wv.gov

Avoiding scam artists

  • Avoid and consider reporting anyone who asks for personal information, such as Social Security numbers, or demands money for a FEMA inspection or to speed up the process.
  • Be careful when hiring contractors for repairs.
  • Be sure to check their credentials, such as state licenses and local business licenses and permits.  If you plan to use a contractor, get photos of the person and his or her driver’s license, vehicle and tag number.  Be upfront about it.
  • Make sure to have a signed contract.

Beware of Scams:  Tips to Avoid Fraud in Aftermath of Disaster

  • Only do business with licensed or bonded contractors or builders;
  • Consult the Better Business Bureau to ensure you are working with a trustworthy business. link;
  • Contact an insurance adjuster to get an estimate of the damage and repair costs;
  • Be wary of contractors who solicit services door-to-door, especially those that are unfamiliar or from out of town;
  • Know that under WV law, the door-to-door seller must advise you orally and in writing that you have a right to cancel the sale within three days. Clerk her for more information. Link;
  • Get the salesperson’s license plate number;
  • Don’t ruse into signing a contract, and never pay up-front for promised work;
  • Secure the terms of any warranty work in writing; and
  • Ask for references, or rely on recommendations from friends or relatives who have had experience with honest contractors.
  • Although WV price gouging law prohibits vendors from illegally raising prices to reap exorbitant profits during a disaster, it does allow retailers to pass along wholesale priced increases to customers. Thus, in some cases, increased prices may not necessarily signal illegal priced gouging.

Price Gouging

Under state law, once the governor issues a declaration, vendors are prohibited from charging unconscionable pricing for goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes without limitation, food, water, ice, chemicals, petroleum products, and lumber essential for consumption or use as a direct result of a declared state of emergency.  This prohibition remains in effect until the declaration expires or is terminated.

 

What is Small Business Disaster Assistance?

U.S. Small Business Administration

West Virginia residents affected by flooding might be eligible for SBA disaster assistance, which includes low-interest loans for physical damages or economic injuries for businesses and private nonprofits.

The maximum loan amount for each type is $2 million, and interest rates are as low as 4 percent for businesses and 2.625 percent for private nonprofits.

The SBA’s customer service line is 1-800-659-2955.  Loan applications can be downloaded at www.sba.gov/disaster.

How Can I Help?
  • VolunteerWV.org sign up to volunteer yourself, groups, et. Donations may be mailed to the United Methodist Foundation PO Box 3811 Charleston WV 25338; WV VOAD in the memo line.
  • Redcross Disaster Assistance – 855-224-2490; Safe and Well link: https://safeandwell.communityos.org/cms/index.php.
  • Salvation Army – 304.343.4548 salvationarmywv.org.
  • United Way – unitedwaygreenbrier.org 304-647-3783  304-340-3500 http://www.unitedwaycwv.org.
  • Local churches – WV Council of Churches 343-344-3141
  • Veterans organizations – http://www.veterans.wv.gov/offices -facilities/Pages/Outreach-Services.aspx 304-558-3661

Helpful Phone Numbers

Toll-free Legal Hotline: 877-331-4259
Crisis Clean Up
: 800-451-1954
WV VOAD: 844-WVFLOOD

Additional Resources

  • Tax Relief for Victims of Severe Storms, Flooding, Landslides and Mudslides in West Virginia
  • Bureau for Child Support Enforcement
    – Child Support and Unemployed F.A.Q.
  • WV Attorney General Consumer Protection Division

Legal Aid of WV Self Help Library
A list of documents containing Frequently Asked Questions with links to additional information.

 

Disaster Legal Assistance

June 28, 2016 By

As a result of the recent severe storms and flooding in West Virginia, the WV State Bar is working diligently to provide disaster legal assistance to individuals who have been affected. These efforts include working with State and national organizations such as Senator Manchin’s office, Legal Aid of West Virginia, the American Bar Association and other state bar associations, and directly helping fellow lawyers whose offices have been damaged or destroyed. If you have been impacted by the flooding, or know an attorney who has been impacted, please contact Anita Casey (caseya@wvbar.org) to determine what the State Bar can do to assist with helping reconstruct files, finding an office for you to use and/or to arrange for using the State Bar Center as an operational headquarters.

Currently, we are working to develop resource guides containing information related to legal help (FEMA, insurance issues, lost documents, homeowner/landlord-tenant matters, personal property issues, etc.). We are also working to coordinate a communications plan that will get information into the hands of citizens who may not have access to the internet or social media. As an organization, we will be activating our State Bar committees, such as military affairs, family law and animal law, to assist people with concerns in specific areas.

In short, we are actively working on it. Expect frequent emails in coming days detailing how you can help. That is our primary goal at this point: Serve others. Help in any way you can until we can organize larger efforts statewide.

John R. McGhee, Jr.
President, The West Virginia State Bar

Filed Under: Archive News

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