Filing a Property Damage Claim in Florida

Property damage in Pensacola can strike with little warning — a hurricane, a burst pipe, a neighbor's fallen tree. When it happens, navigating the insurance claim process is often as stressful as the damage itself. Florida law provides specific protections for policyholders, but only those who understand the process can fully take advantage of them. Here is what you need to know to file your property damage claim correctly and protect your right to a fair settlement.

Document the Damage Immediately

The foundation of any successful property damage claim is thorough documentation. Before touching anything or making emergency repairs, photograph and video every area of damage from multiple angles. Date-stamped photos are critical evidence that establishes the scope of loss at the time of the event.

• Photograph all visible damage to the structure, roof, interior, and personal property
• Make a written inventory of damaged or destroyed items, including approximate values
• Save all receipts for emergency repairs, temporary lodging, and related expenses
• Obtain weather reports or official records if the damage was caused by a storm
• Get statements from witnesses, including neighbors who observed the damage or its cause

If emergency repairs are necessary to prevent further damage — tarping a roof, for example — Florida law generally requires that you take reasonable steps to mitigate additional loss. Keep all receipts and document the work performed. These costs are typically reimbursable under your policy.

Notify Your Insurance Company Promptly

Florida law and virtually every homeowner's policy require you to report damage promptly. Delay can give the insurer grounds to dispute or deny your claim. Contact your insurance company as soon as it is safe to do so after the damaging event.

When you call to report the claim, write down the date, time, the name of the representative you spoke with, and the claim number assigned. Follow up your call with written notice — an email creates a timestered paper trail. Your insurer is required under Florida Statute § 627.70131 to acknowledge receipt of your claim within 14 days and make a coverage determination within 90 days of receiving proof of loss.

Do not give a recorded statement without first consulting an attorney if your claim is complex, if the damage is substantial, or if there is any indication the insurer may dispute coverage. Recorded statements are routinely used to minimize payouts, and insurers are experienced at asking questions designed to elicit answers that limit liability.

Understand Your Policy Before Accepting Any Offer

Your insurance policy is a contract, and its language controls what you are entitled to recover. Before accepting any settlement offer, read your policy carefully — or have an attorney read it for you. Key provisions to review include:

• Coverage limits: The maximum your insurer will pay for the structure and personal property
• Deductibles: Florida policies often carry separate hurricane or wind deductibles that are significantly higher than the standard deductible
• Replacement cost vs. actual cash value: Replacement cost coverage pays what it costs to repair or replace the item new; actual cash value deducts depreciation
• Exclusions: Common exclusions include flood damage, mold, and certain types of water intrusion — each requiring separate coverage
• Additional living expenses: If the property is uninhabitable, your policy may cover temporary housing and meals

In Pensacola, hurricane and tropical storm damage is a recurring reality. Many policyholders are surprised to discover their wind deductible is calculated as a percentage of the insured value — often 2% to 5% — rather than a flat dollar amount. On a $400,000 home, that is an $8,000 to $20,000 deductible before coverage kicks in.

Work With the Insurance Adjuster Strategically

Once your claim is filed, your insurer will assign an adjuster to evaluate the damage. The adjuster works for the insurance company, not for you. Their assessment directly affects the settlement offer you receive, so it is important to approach this process strategically.

Be present during the adjuster's inspection. Walk through the entire property and point out every area of damage — do not assume they will find everything on their own. If the adjuster misses damage or undervalues repairs, the resulting estimate will be the baseline for settlement negotiations.

You have the right to hire a public adjuster — a licensed professional who represents your interests, not the insurer's. Public adjusters are particularly valuable in large or complex claims. Alternatively, a Florida property damage attorney can advocate on your behalf throughout the claims process at no upfront cost in most cases.

If you believe the insurance company's estimate is too low, obtain independent repair estimates from licensed Florida contractors. These estimates serve as evidence of the true cost of restoration and are essential if you need to dispute the insurer's offer.

Know Your Rights Under Florida Law

Florida provides some of the strongest statutory protections for insurance policyholders in the country. Understanding these rights can make a significant difference in the outcome of your claim.

Under Florida law, insurers are prohibited from engaging in unfair claim settlement practices, including failing to investigate claims properly, unreasonably denying or delaying payment, and misrepresenting policy provisions. If your insurer acts in bad faith, Florida Statute § 624.155 allows you to file a Civil Remedy Notice — a prerequisite to a bad faith lawsuit that can result in damages above and beyond your policy limits.

If your claim is disputed, your policy likely includes an appraisal clause, which provides an alternative to litigation. Each party selects a competent appraiser; the two appraisers then select a neutral umpire. This process can resolve disputes over the amount of loss more quickly and cheaply than a lawsuit, and is often worth pursuing before filing suit.

Florida's statute of limitations for breach of a property insurance contract was reduced from five years to two years for claims arising after January 1, 2023. If your claim has been denied or underpaid, time is critical. Waiting too long can permanently bar your right to recover, regardless of the merits of your case.

Policyholders in Pensacola also face the added complexity of claims involving both wind damage (covered by homeowner's insurance) and flood damage (covered by a separate NFIP or private flood policy). When multiple perils contribute to a single loss, determining which insurer is responsible for which portion of the damage is often contested. An experienced attorney can help separate and quantify these claims to maximize your recovery under both policies.

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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