In the event of unforeseen damage to your property, filing a homeowners’ insurance claim is usually your only option for financial recovery and restoration. However, the road to a fair settlement in a homeowners’ insurance claim is often riddled with potential roadblocks and pitfalls that can make it difficult for you to receive the compensation you need in a timely manner.
Let us take a look at the homeowners’ insurance claim settlement process, the deadlines that insurance companies in Florida must adhere to, and the factors that can affect the timeline for settling a homeowners’ claim.
Time Limit for an Insurance Company to Settle a Homeowners’ Claim in Florida
Under Florida law, homeowners’ insurance companies are required to settle or deny a claim within a period of 60 days. The 60-day time limit for the insurance company starts from the date on which they receive your notice of loss.
If the insurance company denies your claim, they are required to explain in writing as to why your claim has been denied. Similarly, if the compensation offered by the insurance company is less than the estimate of the losses you have suffered, they must provide an explanation.
The Homeowners’ Claim Settlement Process
Notice of Loss
The first step you have to take to initiate a homeowners’ claim in Florida is to file a notice of loss with the insurance company. This is the point where you officially notify the insurance company about the property damage you have suffered.
After receiving your notice of loss, the insurance company is required to acknowledge it within a period of seven days. This deadline cannot be extended except under extenuating circumstances like a major breach of security, emergency declaration by the Governor, or a major information technology issue.
Proof of Loss
Once the insurance company acknowledges your notice of loss, you should submit a Proof of Loss (POL), which is also referred to as a Sworn Statement in Proof of Loss (SPOL). It is a notarized document that contains information about your homeowners’ insurance policy, your insured property, and the nature and extent of losses you have suffered.
POL is the most important document you need to submit to move your homeowners’ claim along. The deadline for submitting a POL can vary depending on your insurance policy. You should review your policy documents carefully and make sure you submit the document within the specified deadline to avoid any unnecessary delays.
After receiving your POL, the insurance company is required to begin investigating your claim within a period of seven days.
Inspection of Your Property
After receiving your POL, the insurance company is required to inspect your property within a period of 30 days. Also, the insurance company is required to inform you in writing whether your claim will be fully or partially covered, whether it is under investigation, or whether it has been denied.
Settling Your Claim
Within 60 days of receiving your notice of loss, the insurance company is required to settle your claim in full, in part, or deny it. If they settle your claim in part or deny it altogether, they are required to provide a reasonable, legally valid explanation.
Once your claim is settled, the insurance company is required to pay you the compensation within 20 days.
What Happens If the Insurance Company Fails to Settle a Homeowners’ Claim Within 60 Days?
If the insurer fails to settle your Florida homeowners insurance claims within the 60-day timeframe, they are required to pay you the amount of compensation you are owed plus statutory interest.
How Our Experienced Florida Insurance Lawyers Can Ensure a Timely Settlement of Your Homeowners’ Claim?
Our seasoned Florida homeowners’ insurance lawyers at Larry Moskowitz, PA can take several steps to expedite the home insurance payments claims process and ensure a timely settlement of the disputed claim.
Thorough Documentation and Evidence: Having handled every type of home insurance claim over the years, we know exactly what kind of evidence and documents are needed to support your claim. We can gather all the required evidence to substantiate your losses and build a strong claim. This proactive approach can minimize delays and prevent disputes over the validity of your claim.
Meeting Legal Requirements and Deadlines: Homeowners’ insurance claims involve various legal requirements and deadlines, which, if not adhered to, can jeopardize your ability to recover compensation. We can make sure all the paperwork is filed promptly within the deadline and all the legal requirements are met. It can prevent unnecessary delays caused by procedural errors.
Tactful Negotiations: Owing to our extensive experience in handling every type of Florida homeowners insurance claim, we know what kind of tactics your insurance providers might employ to delay your claim, minimize your payout, or deny your claim. We can counter their strategies effectively and negotiate aggressively to get a fair settlement.
Readiness to Go to Trial: If the negotiations with your insurance provider reach an impasse or if your insurance carrier acts in bad faith, we can escalate the matter and take your case to court to recover the compensation you are owed. Using the threat of litigation, we can exert pressure on your insurer to expedite the claims process and pay you what you rightfully deserve.
Choose Highly Rated Florida Homeowners’ Claim Lawyers to Maximize Your Settlement
At Larry Moskowitz, PA, we believe that you should not have to jump through hoops to get a settlement that you are entitled to. We have more than three decades of experience in handling Florida home insurance claims and we are aware of all the tactics that insurance companies use to unfairly delay, reduce, or deny claims.
We can help you right from the very first step of the full or partial payment claims process, protect your rights and interests at every stage, and help you get the settlement you deserve for your homeowner claims bill through negotiation or litigation if necessary.
Florida’s leading insurance claims attorney Larry Moskowitz is a former prosecutor and a celebrated civil litigator who knows how to deal with insurance companies and get them to pay a fair settlement. With him on your side, you never have to worry about being taken advantage of by your insurance company or being forced to settle for anything less than what you are entitled to.
Call us today at 866-312-0708 to schedule your free case evaluation with us.