Severe storms can lead to costly property damage. When your home or business is damaged in a storm, you expect your insurance policy to cover the repairs. However, you should note that you have a limited time to file a claim, and waiting too long to do so could have serious consequences.
The deadline for filing an insurance claim after a storm is generally one year, with an additional six months for supplementary claims. This represents a change in Florida law enacted in 2023. A storm damage lawyer in Boca Raton can help you understand the deadline for your claim and file it before the deadline passes.
What to Do Before Filing a Property Storm Damage Claim
Before filing a claim with your insurance company after a natural disaster, you can take several steps to improve your chances of success. While your insurance company is obligated to pay valid claims, these companies ultimately care more about their bottom line than giving you the compensation you need. The following steps can help you protect yourself and your claim throughout the insurance process:
- Take detailed notes. When a storm damages your property, take extensive notes starting on the day of the storm. This can help you avoid forgetting important dates and other information, like when you first noticed the water damage in your home or when your roof started leaking. It is also a good idea to save all correspondence with your insurance company.
- Don’t sign anything. Your insurance adjuster might pressure you to sign a document or a release, but that is never a good idea unless you have spoken with a disaster recovery lawyer first. Some documents can waive your rights or lead to a lowball settlement that does not give you enough money to repair your property fully.
- Remember, the insurance provider is not on your side. The insurance claims adjuster might be pleasant, but they want to get the best deal possible for their employer—they are not concerned about you and your claim.
- Get legal help. The insurance claim process is complicated and should never be handled alone. A property damage attorney can answer your questions and assist with every aspect of a claim, from ensuring it is filed on time to evaluating settlement offers from the insurance company.
These are only a few of the important steps to consider after a storm. What matters most is acting quickly to get the compensation you deserve. In many situations, taking careful steps to document the damage after a storm will allow you to get a fair settlement that covers your losses.
You Have Limited Time to File an Insurance Claim After a Storm in Florida
Per Florida Statutes § 627.70132, you must file notice with your insurance company of any insurance claim involving property damage within one year of the loss. This is true for original and reopened claims.
An additional six months are provided for supplemental claims. You can file a supplemental claim if you realize your losses are greater than you originally thought. For example, you could file a supplemental claim if you discover the water damage is more significant than you first realized.
The Deadline to File a Storm Loss Insurance Claim in Florida Changed Recently
In recent years, Florida’s legislature has made multiple changes to the process of filing a claim:
- After Hurricane Irma in 2017, property owners had three years to file a claim for storm damage, with an additional two years for supplementary claims.
- After Hurricane Ian in 2022, the deadline for filing an insurance claim was two years, with one extra year for supplementary claims.
- As of January 1, 2023, the Florida legislature reduced the deadline to just one year, with six additional months for supplementary claims.
In some cases, property damage is not immediately obvious after a storm. We advise you to check your property carefully after any strong storm to look for any signs of damage. If you suspect any wind, water, or flood damage to your property, seek legal assistance with filing a claim as soon as possible before this short deadline passes.
The Terms of Your Homeowners Insurance Policy Matter
While state law dictates how much time you have to file a property damage claim, the terms of your homeowner insurance policy will also impact the amount and type of compensation you qualify for. This is especially true regarding losses from a flood or hurricane, given the different types of damage that can occur.
For example, your homeowners’ policy likely covers roof damage caused by strong winds, such as damaged or missing shingles. Filing a claim related to roof wind damage must comply with the time limits described previously, and a wind damage lawyer can help you with the process. However, other types of losses are not included in a standard homeowners policy.
You Likely Need a Separate Policy for Flood Damage
Your homeowners’ policy may not cover flood damage. Most losses related to flood damage—either from overflowing rivers or lakes, storm surges, or heavy rains—are not included in basic homeowners insurance coverage.
However, you can purchase additional coverage beyond a standard policy. This will cost you more in monthly premiums, but a separate flood insurance policy is often necessary in flood-prone areas like Florida.
You must purchase this coverage before a storm hits to ensure you receive coverage. If you have a flood insurance policy, a flood damage lawyer can help you seek a fair insurance payout after a storm.
Let Our Legal Team Help You Get the Most From Your Storm Damage Insurance Claim
If you have suffered property damage due to a storm, your insurance policy may pay for the cost of rebuilding or replacing your damaged home or business. The claims process can be challenging, but you do not have to navigate it alone.
When disaster strikes, our property damage attorneys at GED Lawyers can help you with every aspect of your case, including identifying how long after a storm you can file an insurance claim with your carrier. We can also help you appeal a denied property insurance claim. Contact us as soon as possible to learn more during a free initial consultation.
