Property damage can be an incredibly distressing experience whether it is due to natural disasters like hurricanes and floods, or due to accidental fires. When your property is damaged for no fault of your own, you can recover compensation by filing a property damage claim. Let us take a look at the timelines for filing property damage claims in Florida, the consequences of missing the deadline, and the importance of legal assistance in property damage claims.
Notice Period for Filing a Property Damage Claim in Florida
According to the 2023 Florida Statutes, homeowners should be aware of the following deadlines for filing a notice of claim for property damage with the insurance company:
1-Year Notice Period
In Florida, for property damage claims covered by an insurance policy providing property insurance as defined in Florida Statute 624.604, you must adhere to the notice requirements outlined in the policy. Specifically, if you experience a loss or damage caused by any covered peril, you must notify your insurance company of the claim within one year from the date of the loss.
Failure to provide timely notice within this period may result in the claim being barred, potentially leaving you without coverage for the damages incurred. Therefore, it is essential for policyholders to be aware of and comply with these notice provisions to ensure their claims are not jeopardized.
What Is the “Date of Loss”?
In cases where property damage claims stem from hurricanes, tornadoes, windstorms, severe rain, or similar weather-related events, determining the date of loss is critical for initiating the claims process. Typically, the date of loss is established as the day when the hurricane officially makes landfall or when the tornado, windstorm, severe rain, or other weather-related event is officially verified by the National Oceanic and Atmospheric Administration (NOAA).
This verification helps ensure accuracy and consistency in identifying the event’s impact, providing clarity for policyholders and insurers regarding the timing of the loss and the subsequent claims procedure.
Notice Period for a Supplemental Claim
In Florida, a supplemental claim, which refers to a claim for additional loss or damage resulting from the same peril previously adjusted by the insurer or for which repair or replacement costs have been incurred under an open claim, must adhere to specific notice requirements.
According to the law, notice of a supplemental claim must be provided to the insurer within 18 months from the date of the initial loss. This provision ensures that policyholders have a reasonable timeframe to identify and address any additional damages or expenses incurred as a result of the same covered peril, allowing for a comprehensive resolution of the claim within a specified timeframe.
Why You Should Hire a Florida Property Damage Attorney as Soon as Possible
There are several compelling reasons to hire a hurricane claim lawyer as soon as possible following a hurricane-related event.
The Deadline is Short
Firstly, in Florida, there is a legal deadline for filing a property damage claim, making it vital to act swiftly to ensure compliance with the statute of limitations requirements. Many individuals have missed this deadline due to various reasons, including a lack of awareness of the filing deadline or misunderstanding its starting date. By engaging an attorney promptly, you can ensure that your claim is filed within the stipulated time frame, avoiding potential issues associated with missed deadlines.
Policy Terms Must be Reviewed
Your insurance policy may contain specific deadlines relevant to your claim, necessitating a thorough understanding and timely action by your attorney. By promptly involving legal counsel, you can ensure that all relevant deadlines are met and that your claim progresses efficiently.
Urgent Documenting of Losses
The need to document losses incurred as a result of the property damage is paramount. Hiring an attorney early allows for the prompt documentation of property damages, enabling you to begin the cleanup and restoration process promptly while ensuring that the full extent of your losses and personal property damages is captured for the claim.
Fighting Off Insurer Tactics
Florida insurance companies may employ bad-faith tactics when handling insurance claims, such as pressuring claimants to provide statements or accept inadequate settlement offers. Having legal representation can protect your rights and minimize vulnerability to such tactics, as your property damage attorney will negotiate with insurers on your behalf and advise you on the best course of action.
What Happens If You Miss the Legal Deadline for Your Property Damage Claim?
Consequences of Missing the Deadline
Failure to file your property damage claim within Florida’s legal deadline or an insurer’s specified timeframe can result in the loss of your right to seek compensation through insurance. This could leave you personally responsible for covering expenses such as cleanup, property repairs, living expenses, and other losses resulting from the hurricane.
Legal Assistance Beyond the Deadline
Even if the legal deadline has passed, it is still prudent for a property owner to consult with an attorney regarding Florida property damage claims. The financial stakes involved are significant, and an attorney may identify exceptions or alternative avenues for seeking compensation for your property losses.
Circumstances That Extend the Filing Deadline
Certain circumstances may warrant an extension of the filing deadline for your hurricane claim. For instance, if you suffered an injury or illness that prevented you from filing the claim within the designated time frame, you may be eligible for an extended deadline. Similarly, if you previously attempted to file a claim but the insurer failed to acknowledge it, you may still have grounds to submit your claim.
Our Florida Property Damage Claim Lawyers are Determined to Protect Your Rights
At Larry Moskowitz, PA, our property damage claim services include:
Investigating and Gathering Evidence
We have access to resources like private investigators, forensic analysts, general contracts, adjusters, engineers, and other experts who can accurately assess and document the extent of damages you have suffered and gather evidence to support your claim.
Negotiating with Insurers
We can assess the value of your claim accurately, leverage our understanding of insurance laws and regulations to negotiate with the insurance company tactfully, and justify your demand for compensation with the help of documentary evidence.
Litigation Support
If a satisfactory outcome cannot be achieved through negotiations, we can represent you in court, present persuasive arguments and evidence to support your case, and advocate for your rights before a judge or jury to achieve the best outcome possible.
Call us today at 866-312-0708 to schedule your free case evaluation with us.