How to File a Property Damage Claim in Florida

Property damage from hurricanes, flooding, fires, and other disasters can leave Florida homeowners overwhelmed and uncertain about their next steps. Understanding the claims process — and your rights under Florida law — is essential to recovering the full compensation your policy promises. Insurance companies employ teams of adjusters and attorneys whose primary goal is to minimize payouts. Knowing how to navigate the system protects you from lowball settlements that leave you covering repairs out of pocket.

Immediate Steps After Property Damage Occurs

The actions you take in the first 24 to 72 hours after property damage significantly impact your claim's outcome. Begin by documenting everything before any cleanup or repairs begin. Take hundreds of photographs and videos from multiple angles, capturing the full scope of damage to the structure, personal property, landscaping, and any secondary damage caused by water intrusion or debris.

Florida law requires you to mitigate further damage — meaning you must take reasonable steps to prevent additional losses. This might include placing tarps over a damaged roof or boarding broken windows. Keep all receipts for emergency mitigation expenses because your insurer is typically required to reimburse these costs.

• Document all damage with photos and video immediately
• Make emergency repairs to prevent further damage and save receipts
• Separate damaged property from undamaged property
• Create a written inventory of all damaged or destroyed items
• Avoid discarding damaged items until your adjuster inspects them

Contact your insurance company promptly to report the damage. In West Palm Beach and throughout Palm Beach County, many insurers have specific hotlines activated during storm events. Note the date, time, and name of every person you speak with, and follow up all phone conversations with written communication.

Understanding Florida's Property Insurance Claims Process

Once you file a notice of claim, your insurer is required under Florida Statute § 627.70131 to acknowledge receipt within 14 days, begin investigation within 14 days, and either pay or deny the claim within 90 days of receiving proof of loss. These deadlines are not suggestions — violations can support a bad faith claim against the insurer.

Your insurance company will assign an adjuster to evaluate the damage. This adjuster works for the insurance company, not for you. Their assessment of repair costs may significantly undervalue the actual scope of damage. You have the right to hire a public adjuster — a licensed professional who works exclusively on your behalf — to independently evaluate the damage and negotiate with your insurer.

Florida also allows policyholders to invoke the appraisal process when there is a dispute about the amount of loss. Under this process, each party selects a competent appraiser, and the two appraisers select an umpire. This alternative dispute resolution mechanism can resolve valuation disputes without litigation, though it does not address coverage disputes.

Filing Your Proof of Loss and Supporting Your Claim

After your adjuster's inspection, you will need to submit a sworn proof of loss documenting the claimed damages. This document must be accurate and complete — errors or omissions can complicate your recovery. Gather supporting documentation including contractor estimates, receipts for damaged personal property, comparable replacement cost evidence, and any engineering or inspection reports.

For West Palm Beach properties, consider getting estimates from licensed Florida contractors familiar with local building costs. South Florida construction pricing differs substantially from state averages, and a local contractor's estimate provides a more accurate baseline than national pricing databases your insurer's adjuster may rely upon.

• Obtain at least two to three independent contractor estimates
• Request itemized estimates that break down materials and labor separately
• Document any code upgrade requirements that affect repair costs
• Gather purchase receipts, credit card statements, or photos proving ownership of damaged personal property
• Keep a log of all additional living expenses if your home is uninhabitable

Common Reasons Florida Property Claims Are Denied or Underpaid

Insurance companies in Florida deny and underpay claims for numerous reasons, some legitimate and others improper. Understanding the most common grounds for denial allows you to address issues proactively and respond effectively if your claim is challenged.

Policy exclusions are frequently cited, particularly for flood damage. Standard homeowner's policies in Florida exclude flood damage, which requires separate coverage through the National Flood Insurance Program or a private flood insurer. However, many water damage claims are wrongly categorized as flood damage when they actually result from covered wind-driven rain, storm surge, or roof damage — all of which may be covered.

Insurers also commonly dispute causation, arguing that damage predated the storm event or resulted from wear, tear, and deferred maintenance rather than the covered peril. When adjusters cite pre-existing conditions to reduce a payout, independent engineering or inspection reports can effectively counter these claims.

Late reporting is another common basis for denial. While Florida does not impose an absolute deadline for filing a claim, Florida Statute § 627.70132 requires notice to be given to the insurer within one year of the date of loss for hurricane or windstorm claims. Missing this window can bar your recovery entirely, regardless of the validity of your damage claim.

When to Involve an Attorney in Your Property Damage Claim

Many property damage claims in West Palm Beach and across Palm Beach County resolve without legal intervention. However, there are clear situations where retaining an attorney significantly improves your outcome. If your claim has been denied outright, if the insurer's settlement offer is substantially below repair estimates, or if the claims process has stalled without explanation, legal representation is warranted.

Florida's bad faith insurance statute (§ 624.155) provides a powerful tool for policyholders when insurers act improperly. If an insurer fails to act in good faith — by misrepresenting policy provisions, failing to investigate promptly, or attempting to settle for less than a reasonable amount — policyholders may be entitled to recover damages beyond the policy limits, including attorney's fees and consequential damages.

An experienced property insurance attorney can review your policy to identify all applicable coverages, negotiate directly with the insurer on your behalf, engage expert witnesses including engineers, contractors, and public adjusters, and litigate your claim through Florida courts if necessary. Most property damage attorneys handle these cases on a contingency basis, meaning you pay no fees unless you recover.

Florida's insurance landscape has shifted dramatically in recent years, with several major carriers withdrawing from the market or limiting coverage availability in South Florida. The legislature has also modified fee-shifting provisions that once made insurers more willing to settle. These changes make it more important than ever to have knowledgeable legal guidance when your insurer disputes or undervalues a legitimate 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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