Filing a Property Damage Claim in Florida

Property damage in Florida can strike without warning — a sudden storm, a burst pipe, a fire, or a neighbor's tree crashing through your roof. When it happens, most homeowners find themselves navigating a complicated insurance claims process at the worst possible time. Understanding how Florida's insurance system works, and what steps to take immediately after damage occurs, can be the difference between a full recovery and a denied claim.

Gainesville homeowners face unique challenges. Alachua County sits in a region susceptible to severe thunderstorms, tropical systems, and the kind of wind-driven rain that exposes every vulnerability in a structure. Knowing how to protect your claim from the start is essential.

Document Everything Before You Touch Anything

The single most important step after property damage occurs is thorough documentation. Before any cleanup, before calling a contractor, before moving damaged items — photograph and video everything. Walk through every affected area of the property with your phone and capture the full scope of damage from multiple angles.

• Date and timestamp all photos and videos automatically through your device settings
• Document damaged personal property separately from structural damage
• Preserve damaged items — do not discard anything until your insurer has had the opportunity to inspect it
• Write a detailed written inventory of every damaged or destroyed item, including approximate age and estimated value
• Request copies of any emergency service reports if police, fire, or EMS responded

Florida courts have consistently held that insureds have a duty to cooperate with their insurer's investigation. Part of that cooperation means preserving evidence. Discarding damaged materials before an adjuster inspects them can give your insurer grounds to dispute or reduce your claim.

Notify Your Insurer Promptly and in Writing

Florida law and the terms of most homeowner's insurance policies require prompt notice of a loss. Under Florida Statute § 627.70132, property insurance claims for hurricane or windstorm damage must be filed within three years of the date of loss. For other property damage claims, the deadline is typically governed by your policy language, which often requires notice "as soon as practicable."

Do not wait. Contact your insurance company by phone to report the loss, then follow up immediately with written notice — email is acceptable and creates a timestamped record. In your written notice, include the date of loss, the cause of loss as you understand it, and a general description of the damage. Avoid making definitive statements about the cause at this stage if you are not certain.

In Gainesville, where storm damage can affect entire neighborhoods simultaneously, adjusters may be overextended after a major weather event. Keep a log of every phone call, every representative's name, and every promise made. This documentation becomes critical if your claim is later delayed or denied.

Understand Your Policy Before the Adjuster Arrives

Your insurance policy is a contract, and its specific language controls what is covered and what is excluded. Before the adjuster visits, read your policy carefully — particularly the declarations page, coverage sections, and exclusions. Key provisions to understand include:

• Dwelling coverage (Coverage A): Covers the structure of your home, including attached structures
• Other structures (Coverage B): Covers detached garages, fences, and outbuildings
• Personal property (Coverage C): Covers your belongings inside the home
• Loss of use (Coverage D): Covers additional living expenses if your home is uninhabitable
• Your deductible: Florida policies often carry separate, higher deductibles for hurricane or wind damage — sometimes a percentage of your insured value rather than a flat amount

Many Florida homeowners are surprised to discover their policy contains exclusions for flood damage, mold resulting from long-standing moisture intrusion, or "wear and tear." Understanding these exclusions before the adjuster arrives allows you to respond knowledgeably and to challenge improper exclusion applications.

The Insurance Adjuster Is Not Your Advocate

When the insurance company's adjuster arrives, understand their role clearly: they are employed by or contracted with your insurer to assess the claim on the insurer's behalf. Their findings directly affect what the company pays. This does not mean adjusters are dishonest — many are thorough professionals — but their interests are not perfectly aligned with yours.

You have the right to be present during the inspection. Walk through the property with the adjuster, point out every area of damage, and ask questions about anything they note or fail to note. If the adjuster's report comes back and undervalues your damage, you are not without options.

Under Florida law, you have the right to invoke the appraisal process if you and your insurer disagree on the amount of loss. Each party selects a competent and impartial appraiser, those two appraisers select an umpire, and the three work together to resolve the dispute. The appraisal award is binding. This process can be enormously effective for homeowners whose damage has been undervalued by an initial adjuster's report.

You may also hire a public adjuster — a licensed professional who works exclusively for policyholders — to inspect the damage independently and negotiate with your insurer on your behalf. Public adjusters in Florida are licensed and regulated by the Department of Financial Services.

When Your Claim Is Delayed, Underpaid, or Denied

Florida's Bad Faith statute, Florida Statute § 624.155, provides significant protections for policyholders whose insurers fail to handle claims fairly. Before filing a bad faith action, Florida requires you to serve a Civil Remedy Notice (CRN) on the Department of Financial Services and the insurer, giving the insurer 60 days to cure the violation. This notice requirement is procedurally important — failure to file a proper CRN can bar a bad faith claim entirely.

If your claim has been denied, request the denial in writing and demand a full explanation citing the specific policy provisions your insurer relies upon. Common improper denial grounds include:

• Mischaracterizing the cause of damage to invoke an exclusion
• Applying the wrong deductible
• Using depreciation schedules that undervalue your property
• Claiming pre-existing conditions without adequate investigation

In Gainesville, as throughout Florida, property insurance disputes are increasingly common given the ongoing volatility in Florida's insurance market. Homeowners who understand their rights are far better positioned to recover what they are owed. An experienced property insurance attorney can review your policy, your claim file, and your insurer's conduct to determine whether you have grounds to challenge the outcome — and can often resolve disputes without litigation through skilled negotiation or the appraisal process.

Do not accept a lowball settlement offer under pressure. Once you sign a release, you typically surrender any right to seek additional compensation for that loss, even if hidden damage is later discovered. Take your time, gather independent repair estimates, and make sure any settlement truly reflects the full scope of your loss.

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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