How to File a Property Damage Claim in Florida

Florida property owners face unique challenges when filing insurance claims after storms, floods, fires, or other covered events. Fort Lauderdale and Broward County residents deal with one of the most active weather corridors in the country, making property insurance claims a recurring reality. Understanding the claims process — and the legal protections available to you — can be the difference between a fair settlement and a lowball offer you may regret for years.

Step 1: Document the Damage Immediately

The moment it is safe to do so, begin documenting every aspect of the damage. This step is the foundation of any successful property damage claim in Florida.

• Photograph and video everything — shoot wide-angle shots of the full room or structure, then close-ups of specific damage points
• Create a written inventory of all damaged personal property, including approximate age and purchase price
• Preserve damaged items — do not discard anything until your insurer has had an opportunity to inspect it
• Keep receipts for any emergency repairs or temporary housing expenses
• Make temporary repairs to prevent further damage (tarping a roof, boarding windows), but document before and after

Under Florida law, policyholders have a duty to mitigate further damage. That means you must take reasonable steps to prevent additional losses — but you are not required to make permanent repairs before your claim is resolved.

Step 2: Review Your Insurance Policy Before You Call

Before contacting your insurer, read your policy carefully. Florida property insurance policies — particularly those written after 2022 legislative changes — contain terms that can significantly affect your claim. Key provisions to locate include:

• Named perils vs. open perils coverage — does your policy cover all causes of loss or only specific ones listed?
• Your deductible, including any separate hurricane or windstorm deductible, which in Florida can be a percentage of your dwelling's insured value rather than a flat dollar amount
• Replacement cost value (RCV) vs. actual cash value (ACV) — RCV pays to replace property at current prices; ACV deducts depreciation
• Claim filing deadlines — Florida Statute §627.70132 requires hurricane damage claims to be reported within one year of the storm, with a two-year limit for non-hurricane first-party claims

Missing a deadline can result in a complete denial of coverage with no legal recourse. If you are uncertain about your deadlines, consult an attorney before assuming you have more time.

Step 3: File the Claim and Manage the Adjuster Visit

Notify your insurer promptly — in writing when possible — and retain copies of all correspondence. Under Florida Statute §627.70131, your insurer must acknowledge your claim within 14 days and begin an investigation. They have 90 days to either pay the claim, deny it, or issue a partial payment with an explanation.

When the adjuster arrives, keep these principles in mind:

• Be present during the inspection — do not leave the adjuster alone to assess the property
• Point out all damage, including areas that may not be visible at first glance (attic, crawl spaces, interior walls showing moisture)
• Do not accept the adjuster's findings as final — company adjusters work for the insurer, not for you
• Request a copy of the adjuster's report after the inspection

If your claim involves significant damage, strongly consider hiring a licensed public adjuster or consulting a property damage attorney before accepting any settlement offer. Insurance companies in Florida have financial incentives to minimize payouts, and an independent professional can often identify damage the company adjuster overlooked or undervalued.

Step 4: Respond to a Low Settlement Offer or Denial

A denial or inadequate settlement offer is not the end of the road. Florida law provides several mechanisms to challenge an insurer's decision:

Appraisal: Most Florida homeowner policies include an appraisal clause. If you and your insurer disagree on the amount of loss, either party can invoke appraisal. Each side selects a neutral appraiser, those two appraisers select an umpire, and the majority decision becomes binding on the amount of loss. Appraisal resolves the dollar amount of damage — it does not resolve coverage disputes.

Mediation: The Florida Department of Financial Services (DFS) operates a free mediation program for residential property claims. A neutral mediator facilitates settlement discussions between you and your insurer. This process is non-binding, meaning you retain the right to pursue litigation if mediation fails.

Litigation: If appraisal and mediation do not resolve the dispute, filing a lawsuit may be your best option. Note that the 2023 Florida insurance reform legislation eliminated one-way attorney's fees in most property insurance cases, meaning attorney's fees are no longer automatically awarded to prevailing policyholders. This makes early legal consultation even more important so you understand your options before committing to litigation.

Common Reasons Florida Property Claims Are Denied

Understanding why claims get denied helps you avoid those pitfalls from the start. In Fort Lauderdale and throughout South Florida, frequent denial reasons include:

• Late reporting — failing to report damage within the policy's required timeframe
• Pre-existing damage — insurers often deny claims by arguing that damage predates the covered event
• Excluded causes of loss — flood damage, for example, is typically excluded from standard homeowner policies and requires separate NFIP or private flood coverage
• Insufficient documentation — claims without strong photographic evidence or a damage inventory are easy targets for denial
• Policy lapse — coverage may have lapsed due to missed premium payments, particularly common after Florida's recent insurance market volatility

If your claim was denied for any of these reasons, do not assume the denial is correct. Insurance companies sometimes issue improper denials, and a licensed attorney can evaluate whether the denial violates Florida law or your policy terms.

Florida property damage claims carry real stakes — a family home, a business, years of accumulated possessions. The process involves strict deadlines, complex policy language, and insurers with experienced legal teams defending their financial interests. You do not have to navigate it alone.

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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