Popularly known as the Sunshine State, Florida offers residents a blend of sunny skies and coastal beauty. Yet when hurricane season rolls around, it poses significant threats, ranging from violent winds to toxic mold infiltration. If you sustained storm damage or experienced another incident that led to substantial property damage, you’re likely wondering about the property damage insurance claims process.
Initiating a claim requires two crucial steps—acting promptly and reviewing your insurance policy. You should report the damage to your insurance company immediately because your policy coverage likely hinges on timely reporting.
Most property insurance policies contain specific clauses about how long you have to report various claims. Don’t inadvertently risk your claim before you even start the process by missing the notice deadline.
Read on to learn more about the property damage insurance claims process and what each step involves. We’ll discuss crucial deadlines and the nuances of different policies and highlight the importance of being well-informed about Florida’s property damage laws.
How to File a Claim for Property Damage in Florida
Living in Florida and owning property can be challenging due to frequent extreme weather events and the potential for damage. Understanding the property damage claim process can increase your chances of a more favorable outcome.
Reporting Property Damage to Your Insurance Company
When you experience property damage, the initial step is to inform your insurance company. Depending on the nature of the damage, you might also need to notify your employer, property managers, or local law enforcement. That is especially true if the event is related to a vehicular incident. Ensure you draft, date, and sign any incident reports and retain a copy for personal records.
Evaluating Your Insurance Options
You should verify the types of insurance coverage available upon complying with reporting stipulations. For damage to your home, you’ll likely rely on a homeowners insurance policy. You may have a separate policy for certain types of damage, like flooding, that aren’t covered by your regular homeowners policy. It’s also possible a third-party liability policy might compensate you if someone else is at fault.
Preparing to File
Even when filing a claim with your own insurance company, you’ll want as much evidence as possible. Examples might include incident reports, photographs, videos, witness testimonies, property ownership documents, and repair estimates. Sometimes, securing certain pieces of evidence is complicated. That is one reason we strongly recommend talking to a Florida property lawyer before speaking to any insurance adjusters.
Investigating
After reporting your claim, prepare for the insurance company’s investigative phase. During this time, insurance adjusters examine the damage, analyze evidence, and potentially seek additional information. Be cautious when speaking with the adjuster. Stick to facts, and avoid stating estimates or assumptions. Having an attorney communicate on your behalf can be advantageous during this phase.
Repairing or Replacing Property
Depending on the insurance adjuster’s assessment, you can proceed with repairs or replacement for personal property damage. It’s crucial to wait for the adjuster’s green light before commencing any restoration. However, there are exceptions for emergency interventions needed to prevent further damage. While insurers might suggest preferred service providers, you can typically choose who you want.
Negotiating Your Settlement
Once the adjuster’s investigation is complete, they usually extend a preliminary compensation offer. This offer should cover repairs, restorations, and incidental expenses stemming from the damage. If the proposal appears unsatisfactory, consider enlisting a Florida property damage lawyer.
Taking a Property Damage Claim to Trial
You can escalate the matter to court if negotiations stall or the insurance company’s offer remains unacceptable to you. This stage is where having a skilled attorney can prove invaluable.
The litigation process can last months or even years, and a trial requires ample preparation and effort. It is vital to ensure you are adequately prepared to present your case to a judge or jury. If you are ultimately unhappy with the judgment or verdict at trial, you may be able to appeal.
Filing a property damage claim requires vigilance, promptness, and legal knowledge. You need to follow all the laws; otherwise, you could jeopardize your ability to obtain compensation. Being informed and prepared can make a significant difference in maximizing your potential verdict amount.
How a Florida Property Damage Lawyer Can Assist You
Having a dedicated property damage lawyer by your side is vital when pursuing a high-value Florida property damage claim.
At Johns Law Group, we understand the nuances of Florida’s property damage laws. We help ensure you’re not navigating these complex legal waters alone. Given Florida’s susceptibility to extreme weather events, like hurricanes, property damage claims are often more complex than elsewhere.
Your attorney can help you meticulously evaluate your insurance policy terms, ensuring you know what’s covered and what’s not. We will negotiate on your behalf when claim disputes arise, doing our best to advocate for a settlement that aligns with the damages incurred.
We will also assist in compiling evidence to bolster your claim. This might range from organizing expert testimonies to sourcing accurate property appraisals. If negotiations reach an impasse, we can escalate the matter to court, defending your rights and aiming for just compensation.
If an insurer acts in bad faith, we will help you assess your rights to pursue a bad faith claim. Unfortunately, insurance companies risk bad faith claims by unfairly delaying or denying claims. You want a Florida lawyer who can sue for property damage and pursue compensation for bad faith claims when necessary.
Florida Property Damage Laws
Florida has some unique regulations and laws that pertain to property damage losses. Here are a couple of the more important ones your attorney will explain.
Florida’s Comparative Negligence Doctrine
This law enables individuals to secure compensation even if they bear a degree of responsibility for the damage. It primarily applies to negligence-based claims. Notably, the compensation you can receive is adjusted based on your level of fault. For example, you can recover 90% of your damages if you’re 10% at fault.
The Property Damage Statute of Limitations
Most property damage claims fall under a four-year statute of limitations, starting from the date of the incident. This deadline is when you must file a lawsuit with the court. It does not mean you have four years to report your damage to the insurance company. You must initially report the claim to your carrier within the allotted time stated in your policy.
The court will likely dismiss your case if you file outside of the statute of limitations. However, there are specific deviations to be aware of in Florida. For instance, damage from hurricanes or windstorms has a shorter claim period. Should your insurance company engage in bad faith actions, you might have an additional year to initiate legal proceedings. Don’t assume you know the proper filing deadline without speaking to a lawyer.
Criminal Repercussions for Property Damage
While a criminal case doesn’t directly influence the outcome of a property damage claim, it can offer significant evidence. Florida’s legal framework classifies willful or intentional destruction of another’s property as a punishable offense. Determining whether the offense is a misdemeanor or a felony depends on the defendant’s actions and the amount of damage.
Contact a Florida Property Damage Lawyer at Johns Law Group
At Johns Law Group, we know how confusing and frustrating it is to file a property damage claim in Florida. Let us be your legal advocate. You shouldn’t worry about dealing with insurance companies; you should focus on repairing your home and ensuring no future damage happens due to a delay in claims handling.
Our lawyers have decades of related experience and will fight tirelessly for you. Contact our office today to schedule a consultation to learn more.
Jeremiah Johns is a former insurance defense attorney who now represents plaintiffs in bad faith insurance, catastrophic injury cases, and commercial disputes. He has a unique perspective from his experience representing some of the nation’s largest insurance companies.
Jeremiah is licensed to practice law in Texas, Louisiana, Florida, and Georgia (though he is presently inactive in Georgia). He is also admitted to the 5th Circuit Court of Appeals. For his education, Jeremiah earned an LL.M. in Admiralty from Tulane University, a J.D., cum laude, from Syracuse University, and both a B.A. and B.S., magna cum laude, from Georgia State University.
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