Documenting Property Damage in Florida

When a hurricane tears through Miami or a pipe bursts and floods your living room, the actions you take in the first 24 to 72 hours after discovering damage can determine whether your insurance claim succeeds or fails. Florida's property insurance landscape is among the most litigated in the nation, and insurers employ experienced adjusters trained to identify documentation gaps they can exploit to reduce or deny your payout. Thorough, systematic documentation is your most powerful tool.

Start Documenting Before You Touch Anything

The single most important rule is to photograph and video everything before you begin any cleanup or emergency repairs. Insurance carriers routinely argue that post-cleanup photos are insufficient to establish the original scope of damage. Courts in Florida have consistently recognized this tension between a policyholder's duty to mitigate and the insurer's need to investigate.

Use your smartphone's timestamp feature and, if possible, a camera with GPS metadata enabled. Capture the following before moving a single item:

• Wide-angle shots of each affected room from multiple corners
• Close-up shots of every area of visible damage
• Water lines on walls, flooring, or furniture indicating flood height
• Structural cracks, broken windows, roof damage viewed from multiple angles
• Serial numbers and model information on damaged appliances and electronics
• Any conditions that appear to have caused or contributed to the damage

Video walkthroughs are especially valuable. Narrate aloud as you record, describing what you are seeing and when the damage occurred. These videos are difficult for an adjuster to dispute and provide context that still images cannot capture.

Create a Detailed Written Inventory

Florida law requires policyholders to submit a proof of loss statement, and a thorough written inventory strengthens that submission considerably. For each damaged item, record the following information:

• Description of the item and its condition before the loss
• Estimated age and original purchase price
• Current replacement cost (look up comparable items online and save those searches)
• Location of the item in the home at the time of damage
• Any receipts, warranty cards, or credit card statements that confirm ownership

If receipts are unavailable, bank and credit card statements showing the purchase, old photographs of the interior of your home, or even social media posts depicting your belongings can serve as corroborating evidence. Do not underestimate the value of these secondary sources.

Maintain a running log that documents every conversation with your insurer, adjuster, or contractor. Note the date, time, name of the person you spoke with, and a summary of what was discussed. Florida's bad faith insurance statute, Section 624.155, gives policyholders legal recourse when insurers engage in unfair claims handling, and a detailed log creates the evidentiary foundation for that claim if necessary.

Understand Florida's Notice and Deadline Requirements

Florida Statute Section 627.70132 requires that a claim or supplemental claim for property damage caused by a windstorm or hurricane be filed within two years of the date of loss. For non-hurricane claims, the deadline is generally governed by your policy's terms, which often require prompt notice. Failing to provide timely notice can give your insurer grounds to deny coverage, even when the underlying loss is legitimate.

After Hurricane Ian and the subsequent legislative reforms of 2022 and 2023, Florida tightened the deadlines significantly. Under current law, late notice can result in a reduced claim payment or outright denial if the insurer demonstrates that it was prejudiced by the delay. Do not wait to report damage, even if you are unsure of the full extent of the loss. You can always supplement your claim as additional damage becomes apparent.

Once you report the claim, your insurer is required to acknowledge receipt within 14 days and begin an investigation. The carrier must pay or deny the claim within 90 days of receiving a complete proof of loss. Keep copies of every document you submit and obtain written confirmation of receipt.

Hire Independent Professionals to Assess the Damage

Your insurer's adjuster works for the insurance company, not for you. In Miami-Dade and Broward counties, where property claims are exceptionally common and disputes are frequent, policyholders who rely solely on the carrier's adjuster consistently receive lower settlements than those who retain independent professionals.

Consider engaging the following:

• A licensed public adjuster — regulated by the Florida Department of Financial Services, a public adjuster represents your interests exclusively and is compensated as a percentage of your settlement
• A licensed contractor or engineer — a written scope of repairs from a reputable contractor provides an independent cost estimate that can counter a low adjuster's report
• A mold remediation specialist — Florida's humidity means water intrusion quickly leads to mold, and mold damage is frequently undervalued or excluded without a specialist's assessment

Preserve all reports, estimates, and correspondence from these professionals. If your claim proceeds to appraisal or litigation, these documents form the backbone of your case.

Protect Yourself Against Common Insurer Tactics in Florida

Florida's property insurance market has been shaped by years of litigation, and carriers in South Florida are particularly aggressive in defending against claims. Several patterns appear repeatedly in disputed Miami-area claims.

Adjusters sometimes characterize storm damage as pre-existing deterioration to shift the loss outside the policy's coverage. Countering this requires dated photographs of your property before the loss event — annual home inspection photos, real estate listing images, or Google Street View history can all serve as evidence of prior condition.

Insurers may also invoke the policy's concealment or fraud exclusion if they believe documentation was staged or exaggerated. Never dispose of damaged items before the adjuster has inspected them. If you must perform emergency repairs to prevent further damage — which your policy likely requires — photograph every item you remove, store it if possible, and document exactly what was done and why.

If your insurer issues a denial or significantly undervalues your claim, you have the right to invoke the appraisal process under Florida Statute Section 627.7015, which provides a structured mechanism for resolving disputes without litigation. An experienced attorney can advise whether appraisal or a civil remedy notice under Section 624.155 is the more appropriate path given the facts of your claim.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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