How To File A Property Damage Claim After A Hurricane

hurricane

Florida may seem like paradise, but hurricane season changes everything. Dark storm clouds and powerful winds replace the bright, sunny skies that hundreds of thousands of tourists visit each year. Because Florida is a flat peninsula surrounded by water, hurricanes make landfall easily and tear through the state easily. And hurricanes happen fast, leaving many feeling helpless as they begin to file a property damage claim. 

The recent Hurricane Milton in 2024 is a stark reminder of how quickly these storms can wreak havoc, leaving behind widespread damage and devastation. Homeowners across the state are still recovering from the severe wind and flooding caused by Milton, many feeling overwhelmed as they file property damage claims.

Since 2000, Florida has seen at least eleven major hurricanes causing injury, death, and destruction. If you live in Florida, you need to prepare yourself and your family for the effects of a hurricane. At the minimum, that means having proper insurance to cover damages during a storm.

Unfortunately, homeowners often accept settlements that are far too low. Insurance companies sometimes try to give the lowest possible amount of compensation, but Steinger, Greene & Feiner understands that you deserve more. Our expert Florida property damage lawyers will evaluate your claim and negotiate on your behalf with the insurance adjuster. 

We have helped thousands of families recover the compensation they need for home repairs – let Steinger, Greene & Feiner help you, too. Call us today at (800) 560-5059 for a free case consultation.

water leak girl on the phone after a hurricane because of a water leak in her roof

Types of Property Damage Claims

There is no such thing as “hurricane insurance.” Although these storms are frequent in Florida, you will probably have to purchase a separate deductible for hurricane damage if it is caused by a storm that the National Weather Service made official. Here are the common types of insurance policies Floridians should consider to protect against damage from hurricanes:

  • Windstorm insurance: Insurers in Florida offer this type of policy for an additional deductible, which typically ranges from one to five percent of the home’s value. The cost varies depending on where the insured lives. For example, in coastal Florida, the cost of windstorm insurance can be upwards of $2,500. Most windstorm claims are made for damaged roofs, but this type of insurance also covers exterior parts of homes and separate structures like sheds and garages. It’s important to keep in mind that damage from hurricane or windstorm-related hail will be covered in this policy. 
  • Flood insurance: Damage from storm surges or catastrophic flooding is not included in homeowner’s insurance in Florida. Like coverage for windstorms, flood insurance must be purchased as an additional deductible on your policy. Floridians should seriously consider adding this policy to their insurance coverage because of the enormous threat of flooding. One inch of water can cause $25,000 of damage to your home. These are devastating damages that can be mitigated with supplemental flood insurance. Even if you live in an area that has historically seen little or no flooding, you should still purchase this type of coverage. The Federal Emergency Management Agency (FEMA) estimates that more than twenty percent of flood insurance claims and federal disaster assistance for flooding comes from areas marked moderate or low-risk. To protect against flood damage, a separate flood insurance policy is required, which can be purchased through the National Flood Insurance Program (NFIP) or private insurers.
  • Optional Coverages:
    • Contents insurance: Covers the replacement of personal property damaged during a hurricane, such as furniture, electronics, and appliances.
    • Loss of use coverage: Reimburses additional living expenses if you are forced to temporarily relocate while repairs are being made to your home. Additional living expenses create a number of questions about what items of expense can be claimed following a loss. FC\&S is a publication I encourage those in the claims business to subscribe to.
      When your home or business suffers damage due to a natural disaster, your life can change quickly. Insurance companies are there to help you through this peril, but the wait between the disaster and getting back to normal can be agonizing.

 

Property Damage Insurance Claim Process

The first step in making a property damage claim is to notify your insurance company. But before diving into the claim process, it’s crucial to know your rights and deadlines. Under Florida Statutes Section 95.11(3)(a), the statute of limitations for filing a property damage claim is four years from the date of the damage. If you wait beyond this period, your insurance company is likely to deny your claim. It’s essential to act quickly to safeguard your rights.

For more details about property damage claims and your legal options, visit the Florida Office of Insurance Regulation or FEMA’s National Flood Insurance Program page.

Once you are aware of your filing deadline, the steps to filing your claim include:

Notify your insurance company

Notify your insurance company as soon as possible, and review your policy carefully to ensure you understand what is covered and what is not. Once you have filed your claim, your Florida insurance company has 14 days to acknowledge that they received it. After this step, the insurance company will conduct an investigation. There are several steps you can take to ease this process and increase your chances of receiving favorable compensation.

Make a list of the damaged property 

list

Conduct your own in-depth investigation of your house, office, or property and make an itemized list of all damages. You can do this on a piece of paper or your mobile phone; it doesn’t matter what format the list of damaged property is on. It just matters that you have one.

In addition to the structure of your house or property, make a list of any damages to valuables such as computers, appliances, and furniture. It is also extremely helpful if you are able to locate purchase receipts for any of these items. If you can, attach them to the list so all documentation is in one place and can be found easily.

Take pictures

camera

This is a crucial step you should take before filing your property damage claim. Any visual evidence you can present to the insurance company, including photos or videos of damage that occurred from the hurricane or tropical storm, will greatly support the authenticity of your claim. Make sure to take photos of any damaged valuables as well. 

To keep track of all the photos you’ll be taking be sure to email them all to yourself and keep them in a folder in your email. That’ll give you quick and easy access to all your photos, no matter where you are and who you are with. 

Review proof of loss and other documents carefully 

documents

After you call the insurance company to notify them of your property damage, they will assign an adjuster to the case. An insurance adjuster is the person who will work to help settle the claim; they essentially act as a mediator between you and the insurance company. An adjuster will report back to the insurance company with what damage they observed and will determine what work needs to be done to the property.

Before issuing payment, the insurance adjuster will probably ask you to sign a proof of loss document.

Be cautious when signing proof of loss forms, as they detail the scope and pricing of repairs. It’s common practice to have an attorney review these documents to ensure that all necessary repairs are included and nothing is omitted, safeguarding your compensation. Our property damage attorneys at Steinger, Greene & Feiner will review these documents and stay in communication with your insurance company to make sure you are on track to receiving the compensation you need.

Choose your repair company carefully 

You shouldn’t hire the cheapest repair company just for their low pricing, and you don’t have to choose the company that your insurance suggests. Many times, insurance companies will try and get you to choose their preferred vendor to minimize costs. It’s a good idea to get estimates from several companies and choose the best option from there. 

Hurricane damage

If you’re unsure about any part of the process, our property damage lawyer at Steinger, Greene & Feiner can assist in negotiating with the insurance company to maximize your compensation. We know exactly what insurance companies look for in accepting a claim. We will facilitate the process so you don’t have to worry more than you already are. Contact Steinger, Greene & Feiner at (800) 431-6841 today.

What Are Hurricane Deductibles?

In Florida, hurricane deductibles are mandated by law. As of 2024, hurricane deductibles must apply to damage caused by hurricanes officially declared by the National Weather Service. These deductibles typically range from 1 to 5 percent of the insured value of the home. It’s important to note that insurers must provide detailed information about hurricane deductibles, as required by the Florida Hurricane Catastrophe Fund (FHCF) and Florida Insurance Code.

For example, if your home is valued at $500,000 with a 2% hurricane deductible, you would be responsible for $10,000 in out-of-pocket costs before your insurance begins covering the remaining damages.

Is There A Need And Requirement Of Hurricane Deductibles In Florida?

Yes, there is the subtle requirement of hurricane deductibles in Florida because the state is among one of several states where insurers require a hurricane deductible. You can negotiate the exact rate of your hurricane deductible with the insurance company. If you think of having a lower deductible, you will have to pay a higher rate for your homeowners’ insurance.

Now, let’s discuss how homeowners’ insurance policies work in Florida against hurricane damage.

Under Florida Law, homeowners do not require to carry insurance. It is indeed a fact that homeowners’ insurance protects against property losses as well as certain other damages. It is typically prepared into several coverage components, including the following.

Lodging: The main reason for you to carry homeowners insurance is to be protected from financial loss. As long as you owe your creditor, they will want coverage for damage to your home. This part of your homeowners’ insurance policy caters to all the losses to your home itself.

Additional Structures: You definitely have other structures like garages, sheds, guest houses, small boats, fences, etc., on your property, but they are not included in your home.

Private Property: This section of your homeowners’ policy caters to the contents of your home in case of damage. For example, a hurricane destroys your rooftop in such a manner that water badly damages your home items like furniture, cabinets, and appliances. Your insurance policy can offer replacement value for these affected items only if you are covered for private property.

Extra Living Expenditures: If your home is in such a condition that the repairs cannot be done unless you move out, this portion of your policy covers the extra living expenditures you may experience for housing costs, storage, relocation cost, utilities, etc., in a temporary residence.

Medical Payments: If someone gets injured accidentally at your property and requires medical care, your policy will also pay the medical bills without concerning who is at fault.

Does Homeowners Insurance Cover Hurricane Damage in Florida?

In most cases, standard homeowners insurance policies in Florida cover damages caused by wind and rain from hurricanes. However, as noted earlier, flood damage is not included. To protect against flood damage, a separate flood insurance policy is required, which can be purchased through the National Flood Insurance Program (NFIP) or private insurers.

Additionally, Florida Statutes Chapter 627, which governs insurance practices, requires that insurers provide policyholders with detailed explanations of coverage, deductibles, and exclusions. This includes hurricane deductibles and any special riders that may apply to your policy.

Claim Denials and Underpayments

Facing a denied or underpaid hurricane damage claim can add to the frustration of recovering after a storm. In Florida, insurance companies are legally required to act in good faith, but claims are sometimes wrongly denied or underpaid. If this happens, request a detailed explanation from your insurer. Under Florida’s Insurance Code (Chapter 627), they must provide written reasons for their decisions.

After receiving a denial or underpayment, it’s important to immediately request a written explanation from your insurance company, as they are required by law to provide reasons for their decision. Gather supporting evidence like photos, receipts, and independent repair estimates to bolster your case. Consider hiring a property damage attorney to review your claim and negotiate on your behalf. You may also request mediation services from the Florida Department of Financial Services to resolve disputes without going to court. If the insurer continues to act in bad faith, filing a lawsuit may be necessary, and under Florida law (Section 627.428), you could recover attorney’s fees if you prevail.


Contact A Hurricane Damage Lawyer To Discuss Your Homeowners’ Insurance Case In Florida

In short, if your home or other property areas have endured serious damage due to a hurricane in Florida, you should not let the bills heap up while you wait for the insurance company to do the right thing.

Without wasting time, you need to have a skillful prosecutor for a personal injury attorney on your side and fight vigorously to get you the compensation you need and deserve. For consulting a skilled personal injury attorney to explore your option, give us a call at (1-800) 560-5059.

No matter how much you prepare your home for a hurricane, accidents and damage happen. Your first call should be to your insurance company. Your second call should be to a property damage attorney. If you live in Florida and your home has been damaged in a hurricane, how hurricane damage insurance claim work becomes an essential question for you. The property damage lawyers at Steinger, Greene & Feiner know what expenses and costs are reasonable in these claims, so call us for a free consultation at (800) 560-5059. We help residents who have been affected by fires with homes in Fort Lauderdale, West Palm Beach, Coral Gables, Miami, Okeechobee, Port St. Lucie, and Tampa.


About the Author

Michael Steinger
Michael Steinger

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MICHAEL S. STEINGER, founding partner of Steinger, Greene & Feiner, believes in representing real people, not big businesses. Since the firm’s creation in 1997, Steinger, Greene & Feiner has never represented an insurance company or large corporation, and he vows to keep this promise. Over the course of his career, Michael has handled thousands of Florida accident cases, recovering millions of dollars for his clients and earning him membership into the Multi-Million Dollar Advocates Forum. Staying up-to-date on the ever-evolving laws protecting injury victims and their families, Michael is an active member of the American Bar Association, the Palm Beach, and St. Lucie Bar Associations, and sits on the Auto Insurance Committee of the Florida Justice Association.