How long you have to file a property damage insurance claim will depend on your policy, where you live, and other factors. While Florida law gives you up to a year to begin the process, there are many reasons why getting started right away is preferred. However, this may not always be possible. Thus, understanding the deadline is crucial to protecting your rights.
Do you need help getting your insurance company to pay for your repairs or have other concerns with your case? A Boca Raton property damage lawyer is your best resource. They can review your policy, explain the timeline, and handle your claim for you.
What Deadlines Apply to Filing a Property Damage Claim?
Your insurance policy likely spells out the deadline to file a property damage claim. A clause in your contract details the filing deadline in the policy. The verbiage might include notifying your insurer “as soon as possible” or filing within a set time.
Some states set statutes of limitations for filing property damage claims. For example,
Florida Statutes § 627.70132 establishes a one-year deadline for filing a property damage claim. This timeline generally begins on the date the damage occurs. For hurricane damage claims, the clock starts on the day the hurricane makes landfall. With other storms, such as tornadoes, the date of loss may be the date the National Oceanic and Atmospheric Administration (NOAA) verifies the event.
What to Do if Your Insurer Denies Coverage After Meeting the Filing Deadline
You have several options if you meet the applicable deadline, but your insurance carrier still denies covering the losses. One is filing a bad-faith lawsuit against it. Your state will also have a statute of limitations for these claims. Under Florida Statutes 624.1551, you have five years from the covered event to begin this process.
Your best option if you have questions or concerns about a property damage claim is to talk to a lawyer. A property damage attorney can evaluate your options and determine which deadlines you need to meet to protect your rights.
Should I Wait to File a Property Damage Claim?
The deadline to file a property damage claim makes it seem like you can take your time in the initial days and weeks after a disaster. However, there are many reasons why you will want to act quickly. Some things to keep in mind include:
- You need to document your losses and damage as soon as possible.
- You also need to prevent further damage (for example, tarping a leaking roof).
- You may need help paying for a hotel or another place to stay during repairs.
- You will want to begin cleanup and restoration when possible.
- The repair or rebuilding process may take time.
- You may need access to lost personal property, such as a laptop.
- Acting quickly is the only way to move toward normalcy as soon as possible.
Many property damage lawyers handle these claims from start to finish. Thus, you get the advantage of an attorney who can navigate the process and motivate the insurance company to stop unnecessary delays.
Reasons to Delay Filing a Property Damage Claim
Sometimes, it may take longer to file a claim. For example, you might have evacuated from a storm and cannot return home immediately. Another example involves significant damage you don’t discover until later. In these cases, you still want to act quickly to pursue the compensation you need for repairs.
How Will an Attorney Help Me With My Property Damage Claim?
Once you know how long you have to file a property damage claim, you likely want to formulate a strategy to prepare and file your claim. A disaster recovery lawyer can handle this for you. They will:
- Document your damage and recoverable losses.
- Help you understand the value of your claim.
- Review your insurance policy for coverage limits, deductibles, and exclusions.
- Prepare and file paperwork and deal with your claim.
- Manage all communication with the insurance company.
- Negotiate with the adjuster.
- Protect you from bad-faith insurance tactics.
- Fight for the compensation you deserve.
What Does a Property Damage Claim Generally Cover?
While each policy is different, some of the repairs and replacements often provided by a homeowners’ or business property damage policy include:
- Repair of damaged homes and businesses, including your primary building, fences, shed, and other structures
- Demolition and rebuilding of a total loss structure
- Repairing or replacing damaged building contents, such as appliances, furniture, and electronics
- Remediation or cleanup after a fire, water damage, or significant storm
- Temporary relocation costs if you cannot stay in your home during repairs
- Business interruption costs if you cannot operate during repairs
Another type of property damage coverage, renters’ insurance, generally only covers the contents of your rented space because the building owner should have property damage coverage to repair the structure.
What Type of Property Damage Event Causes a Covered Loss?
Property damage lawyers generally deal with a wide range of covered losses. When an event causes covered damage and the insurance carrier delays or denies the claim, it can be challenging for the policyholder to recover the money they need without help.
Some common types of covered incidents we see with our property damage cases include:
- Hurricanes and other significant storms
- Fires and smoke damage
- Water damage after a fire
- Appliance or plumbing failures with water damage
- Mold claims
- Wind storms and roof damage
- Damage to windows or doors
- Defective construction
Our team represents both commercial and residential property owners, helping them navigate the claims process, fight the insurance company when necessary, and secure the compensation they need and deserve.
Talk to Our Team About Your Florida Property Damage Claim Today
Ged Lawyers provides consultations for Florida homeowners or business owners struggling to file a claim or get fair coverage of their property damage. Florida property damage claims comprise one of Ged Lawyers’ primary practice areas. We know how to help you get the money you need to make the necessary repairs. Contact us today to get started.
