South Florida Property Damage Insurance Claims

When a storm or burst pipe damages your roof, interior, or personal property, the insurance process should be straightforward. However, many homeowners still meet delays, low estimates, and confusing letters. If a dispute develops, a property damage insurance claim lawyer can become part of your plan, but the starting point is understanding Florida’s rules, timelines, and practical steps.

Kuhn Raslavich. P.A. helps clients with disputed homeowners’ claims and other property losses in Florida. Our firm will bring a structured approach to estimates, policy language, and negotiations while you focus on repairs and family needs. Contact our office to learn how we can support you.

Confirming Coverage, Deductibles, and Proof

Policy language sets the rules for every claim. Start by reading the declarations page to confirm your coverage, sub-limits, and any special deductibles. Many Florida homeowners carry a separate hurricane deductible that applies when a hurricane triggers coverage. The Florida Department of Financial Services explains how hurricane deductibles work and when they apply to a claim. 

Photos, short videos, and dated notes create a clear record of the loss. Organized documentation gives the adjuster more to work with and reduces back-and-forth emails. Save repair receipts, temporary fix invoices, and any estimates prepared by licensed professionals.. Thorough records tend to speed up the process once the carrier starts a serious evaluation of damage to your home’s roof, ceilings, flooring, and more.

Policy conditions also require loss mitigation. By taking reasonable temporary steps, such as tarping a roof after a wind event or shutting off a leaking valve, you can protect the property and help you meet your duty to prevent further damage. Keep all receipts so you can request reimbursement if the policy allows it. When you document both the original loss and the steps you took to limit it, the file reads cleaner and moves faster.

Florida Notice and Filing Deadlines

Florida sets firm deadlines for reporting residential property claims. A new or reopened claim must be reported within one year of the date of loss, and a supplemental claim must be reported within 18 months. Missing these deadlines can keep you from obtaining reimbursement, so early notice matters. 

The deadline rules apply alongside any notice requirements listed in your policy. Most policies require a sworn proof of loss within a defined number of days after the insurer requests it, but others can require it even without a request. Timely responses keep your rights intact and help you avoid disputes that would otherwise focus on late reporting rather than actual storm or water damage. Calendar reminders and a simple claim log with dates of each phone call or email can make a difference if timing becomes an issue.

South Florida homeowners often juggle repairs while handling work and family schedules. A brief written timeline – date of loss, date of notice, date of first inspection – helps your own memory and provides a quick snapshot for anyone assisting with the claim. 

Changes You Should Know: Assignment of Benefits and Recent Reforms

For policies issued or renewed on or after January 1, 2023, policyholders cannot assign post-loss benefits to a contractor or other third party for post-loss repair benefits. That means a roofer or water-remediation company cannot pursue payment directly from the insurer under those newer policies. 

These reforms shifted who communicates with the insurer. Homeowners now keep control of the claim and contracts for work, and carriers often deal directly with the insured rather than a contractor holding an assignment. The change was intended to reduce litigation over transferred benefits and to improve transparency for policyholders across the state.

Other reforms have touched litigation procedures and fee rules in Florida civil cases. While some of those changes also focus on negligence claims, they influence the broader claims environment and the way insurers evaluate risk. An experienced attorney will know the current landscape and help you choose the right path toward getting the money you deserve. That could be mediation, appraisal, or litigation, based on your loss, policy, and timeline. 

Common Issues in South Florida Property Claims

Hurricane deductibles and named storm deductibles often create confusion. These deductibles are typically higher than standard all-perils deductibles and apply only under specific conditions, such as damage caused by a hurricane during a defined time period after the storm’s first landfall. Your lawyer will know when a hurricane deductible applies and how it interacts with your claim. 

Flooding

Wind vs. flood disputes are another recurring issue after tropical systems. Standard homeowners’ policies usually exclude flood losses, while a separate National Flood Insurance Program (NFIP) policy or a private flood policy covers rising water. If wind opened an entry point that allowed driven rain inside, the homeowners’ policy may respond. If storm surge or flooding waters entered without a wind-created opening, flood coverage usually applies. Careful documentation helps to show the true cause.

Roof Damage

Roof claims can hinge on matching and code upgrades. Ordinance or law coverage, if purchased, may pay for required code-driven work such as underlayment updates or roof-to-wall ties. If your policy pays actual cash value first and replacement cost later, you may receive an initial payment less depreciation, with the holdback released after work is completed and invoices are submitted. Understanding these mechanics helps you plan cash flow and hire contractors accordingly.

When to Get Legal Help

Some disputes require legal representation. Consider reaching out to an attorney when the carrier denies wind damage even though you have photos of lost shingles and interior staining. A legal professional can also help when the insurer attempts to use the hurricane deductible, although your loss did not meet the policy’s hurricane trigger. 

A South Florida attorney will also be useful when you receive a request for a sworn proof of loss, an examination under oath, or broad document requests. These tools are allowed under most policies, but the scope and timing should be fair. Legal guidance prevents unforced errors and keeps the focus on the central facts of the claim rather than technical missteps.

A legal representative at Kuhn Raslavich. P.A. will review the file and chart the best course for fair reimbursement – additional documentation, a revised estimate, DFS mediation, appraisal, or litigation. A focused plan often moves the needle because it meets the insurer where decisions get made: coverage analysis, scope, and price. When a carrier relies on flawed assumptions or ignores code, a firm response backed by records and Florida law tends to produce better results. 

Florida Rules That Shape Settlement Talks

Florida’s mediation framework encourages good-faith negotiation and requires a person with authority to attend. That structure, paired with strong documentation, gives many homeowners a path to resolve disputes without a trial. The DFS program is nonbinding, so you can continue to pursue appraisal or litigation if necessary. 

State regulators also collect catastrophe reporting from insurers after major storms. Data collection aims to promote fair claim handling and better market oversight, which can, in turn, influence how insurers approach large-scale South Florida events. Staying inside the rules and timelines helps your claim stand out as one that should be paid promptly. 

Your lawyer will use these tools in sequence: clarify scope, confirm coverage, press for a fair number in negotiations, and file a lawsuit if needed. Taking the right action at the right time will save time and keep costs in line with the size of the loss. Your role will be to provide proof, respond on time, and keep your records in one place.

The Advantages of Choosing Kuhn Raslavich for a Disputed Claim

Kuhn Raslavich. P.A. focuses on helping Florida policyholders with denied, delayed, or underpaid claims. One of our attorneys will review policy forms, draft a clean proof of loss when needed, and arrange expert inspections if the facts demand it. Again, we will pursue negotiation first when it makes sense and will litigate when coverage issues require a judge or jury to decide.

An experienced South Florida lawyer from our firm will also coordinate with contractors and experts to align the scope of the work needed with code requirements, including roof fastening patterns, underlayment rules, and wind-borne debris details. That alignment prevents surprises during inspections and permits. Clear presentation of facts often shortens the path to a fair settlement. We will also help you avoid missed deadlines and work toward the best outcome possible. 

Frequently Asked Questions

When should I contact a property damage insurance claim lawyer in South Florida?

Seek legal assistance when your claim is denied, significantly delayed, underpaid, or if there is a dispute over deductibles (like hurricane deductibles), cause of loss (e.g., wind vs. flood), or if the insurer requests a sworn proof of loss or an examination under oath.

What are the key deadlines for reporting a residential property claim in Florida?

A new or reopened claim must be reported within one year of the date of loss. A supplemental claim must be reported within 18 months of the date of loss. Missing these deadlines can prevent you from obtaining reimbursement.

How do Florida’s recent reforms regarding Assignment of Benefits (AOB) affect my claim?

For policies issued or renewed on or after January 1, 2023, you cannot assign post-loss benefits to a contractor. The homeowner now keeps control of the claim and contracts, and the insurer deals directly with the insured.

When You Need a Property Damage Insurance Claim Lawyer or Attorney

Complex disputes deserve experienced help. If your South Florida home suffered wind, rain, or water damage and the insurer’s position does not match the facts, speaking with a legal professional will add structure to the process. 

A South Florida property damage insurance claim lawyer with our firm will evaluate coverage, recommend mediation or appraisal, and file suit if necessary to enforce policy rights. With organized proof, attention to Florida deadlines, and a clear strategy, we can work to move the claim toward a fair result. If you would like to find out more about how we can help, please contact Kuhn Raslavich. P.A. online or call 877-352-7767.