Hurricanes, storms, and heavy rains are common disasters in Florida that come without warning. They strike fast, leaving homeowners confused and damaged, making unexpected decisions. And when all these happen, you need your insurance company to step in. Filing a first-party property damage claim should be simple.
But in Florida, the process can feel far more complex than it should. Paperwork, deadlines, policy language, verifications, and insurer tactics can complicate even a simple request for help. That’s why understanding your rights and knowing when to call a property damage attorney in Florida matters.
Read on to know the practical steps that protect your rights and the traps to avoid so you can repair your home peacefully.
What Exactly is First-Party Property Damage?
Before we get into the details, let’s first understand the basics. When the insured (you) requests payment from their insurance company for a covered loss to your property, this is known as a first-party claim. This is different from third-party claims, where someone injured by you seeks compensation from your insurer.
First-party claims commonly cover damage caused by storms, hurricanes, wind, water, fire, and theft. Accidental damage is also typically covered, meaning you may pursue a first-party claim if an unexpected event caused harm to your property.
For homeowners, these are claims under the homeowner’s insurance policy or an associated wind or flood endorsement.
Key Deadlines Homeowners Cannot Ignore in Florida
Florida laws require strict reporting timelines for property damage claims. If you miss them, you can claim limited to zero coverage.
Report Losses Quickly
Florida law and recent amendments impose firm notice windows for property claims. For a majority of property losses, Florida statute 627.70132 now requires new claims to be reported to the insurer within one year of the date of the loss.
Similarly, supplemental claims (follow-up claims made after your initial claim, filed when you discover additional damage or need more money for repairs) must be reported within 18 months. Failing to make these claims can bar your claim.
When to File a Lawsuit?
The deadline to sue an insurer depends on your legal theory. In Florida, most property insurance lawsuits fall under breach of contract, and the deadline for such a lawsuit is generally five years.
Some tort-based claims (for example, certain negligence claims) may involve different deadlines, and courts typically apply a four-year limitation. Since the correct deadline changes by claim type, you should consult the counsel immediately.
What Insurers Must Do and When They Fail?
It is the insurers’ responsibility to serve their clients, investigate, and respond to claims in good faith. When an insurer refuses to investigate or delay without any reasonable bias, or fails to pay a valid claim, the insured may have remedies. These can include statutory penalties or a civil remedy notice under Florida law.
In some cases, the Florida lawsuits also provide processes for disputed claims and alternative dispute resolution. If your insurer acts unreasonably, it is a good move to document all communication and consider help from an experienced property damage attorney in Florida.
Practical Steps Every Homeowner Should Take
- Take photos and video of damage before repairs, and document everything immediately.
- Notify your insurance provider in writing as soon as possible and maintain copies.
- Get estimates and keep the receipts of emergency repairs.
- Maintain a claims folder with dates, names, emails, and notes of conversations.
- Avoid signing away rights and do not accept a low offer without verification.
- If the insurance provider refuses, delays, or provides unreasonable estimates, think about filing a lawsuit.
When to Contact a Lawyer?
If your insurer denies you a claim that seems obviously valid, keeps delaying without explanation, or offers far less than what the repairs would cost, it may be the right time to consult a lawyer. This is also applicable if the insurance company refuses to cover code-required upgrades or repairs you clearly need.
A property damage attorney in Florida can take charge of your case, explain what your policy really covers, and help you figure out what your claim is actually worth. They can also deal with the insurer for you. And if negotiations don’t work, they’ll take the required legal steps.
Final Words
Navigating through first-party property damage claims in Florida is challenging. You’ve to deal with strict rules, changing fee statutes, and complex policy language. Hence, it is important to act fast, document losses, and understand your policy.
If your claim is disputed or denied, seek guidance from a seasoned property damage lawyer in Florida. At Kagan Law PLLC, we review your policy, protect your rights, and fight for a fair recovery, freeing you from all the hassle.
So, if you’ve been struggling to get your deserved compensation to repair your property in Florida, it’s time to contact Kagan Law! Get in touch with us now.