High winds tear shingles, drive rain under flashing, and batter soffits, windows, and fences. When a storm hits, homeowners expect the policy they pay for to respond. If a carrier drags its feet, lowballs the scope, or points to exclusions that do not fit the loss, a wind damage claims attorney can explain your rights under Florida law and position your case for a fair recovery. The right strategy begins with strong documentation, an accurate read of your policy, and strict attention to Florida’s claim deadlines.

Kuhn Raslavich. P.A. helps clients in Miami-Dade, Broward and Palm Beach counties – and all across Florida with property insurance disputes with clear documentation, effective communication, and steady pressure to resolve stalled claims. A capable lawyer will map out your claim path, engage the adjuster on the facts, and, if needed, move into appraisal or litigation to protect your timeline and recovery. Our team is ready to tell you more, so please get in touch.

Understanding Florida Wind and Hurricane Coverage

Wind is a covered peril in most Florida homeowner policies, but details matter. Policies often treat hurricane and non-hurricane winds differently. The “hurricane deductible” applies within a specific time window tied to National Hurricane Center watches and warnings; that window begins when a hurricane warning is issued for any part of Florida and ends 72 hours after the last watch or warning terminates. Florida law defines and governs this deductible window. 

Many policies limit payment for roofs based on age or condition, and some exclude certain materials unless building codes require replacement. Your attorney will read your declarations, endorsements, and any roof schedule to identify the coverage path that fits your facts.

Homeowners insured through surplus lines carriers may see boldface hurricane or wind deductible warnings on the policy face. Florida statutes require specific conspicuous disclosure language on those forms, which signals the importance of knowing where your deductible sits before a storm. 

Deadlines, Deductibles, and Claim Windows in Florida

Florida sets strict clocks on property insurance claims. For most wind losses, you must give notice of the claim within one year from the date of loss. Florida allows 18 months for a supplemental claim. Missing those windows can bar recovery, so early notice is essential, even if your estimate is still developing. 

Carriers also work under statutory timelines for inspections and claim decisions. Florida codifies handling standards for property insurers, including time-bound obligations for investigating and paying covered claims. A skilled lawyer will anchor each demand to those statutes to keep your claim moving. 

Hurricane deductibles operate on an annual basis, based on the calendar year. They generally apply to covered hurricane losses under one or more policies from the same insurer group. That structure matters when multiple events occur in a season and when different structures sit on the same policy. 

Documenting Damage the Right Way

Strong files win wind claims. Start by creating a timeline: date of loss, date of first notice, all adjuster contacts, and every estimate or invoice. Photograph each room and exterior elevation. Capture eaves, soffits, ridge caps, vents, flashing, skylights, fences, and pool screens. Save photos as you find new issues, like water staining or uplifted shingles. An attorney will later use this sequence to rebut minimization and to support code-required items. However, please do not try to get on the roof yourself, because doing so could be far too dangerous. A professional inspector can take all the photographs and videos you need.

 A short evidence packet should include:

• Dated photos and videos labeled by room and elevation.

• Drone or ladder shots that show shingle uplift or missing fasteners.
• Written scopes from licensed Florida contractors with line-item materials, quantities, and code items that tie to building department requirements.

After a federally declared disaster, some households pursue Federal Emergency Management Administration (FEMA) aid for limited home repairs. FEMA will require that you first file your insurance claim and provide settlement or denial paperwork before it considers assistance. That federal rule prevents double recovery.

Working With Adjusters and the Appraisal

Most carriers begin with an initial field visit followed by a preliminary estimate. If that number omits code upgrades, undercounts roof squares, or ignores soft metals and exterior components, you can challenge it with competing scopes and manufacturer installation requirements. A lawyer will compare the carrier’s scope to a licensed professional’s line items, highlight obvious gaps, and push for a revised estimate that aligns with Florida Building Code duties.

 Many policies include an appraisal clause. When invoked properly, an appraisal resolves disputes about the amount of loss through neutral appraisers and an umpire. An appraisal is not about coverage; it is about price and scope. 

Payment Calculations: ACV, RCV, and When Holdback Releases

Florida law addresses payment mechanics on dwelling claims. Insurers must initially pay at least actual cash value (ACV) – the value of the damaged property, less depreciation – then issue the remaining replacement cost value (RCV) as repairs are performed. Understanding that the two-step flow helps you plan cash needs and repair pacing. 

Some policies include roof deductibles or schedule roofs by age or surface type. Where code requires matching or full-slope replacement, that requirement can turn a partial repair into a full roof project. An attorney will connect those code provisions to on-site conditions and make the case for full, compliant repairs.

If a hurricane deductible applies, Florida law governs when it triggers and how many times it can be applied in a season. That can be decisive when multiple named storms pass through South Florida in the same year. 

When Insurers Delay or Underpay

Florida’s insurance code identifies unfair claim practices, including failure to pay undisputed amounts after agreement on coverage and benefits. While every case turns on the record, the takeaway is simple: once a carrier accepts coverage and agrees on amounts owed, it must move the claim forward. A lawyer will use your paper trail – emails, adjuster notes, and estimate revisions – to push for timely payment under Florida’s framework. 

The best way to defeat delay is to remove excuses. Provide written notice of all newly discovered damage promptly, answer reasonable document requests, and keep a clear ledger of invoices and inspection dates. If the carrier stalls despite a clean file, your advocate can escalate the issue.

Common Coverage Traps After Wind Events

Wind versus flood is a frequent source of disputes, especially when driven rain and storm surge occur near the same time. The policy language, your photos, and the sequence of events often decide that issue. Repairs funded by FEMA or NFIP (National Flood Insurance Program) are subject to their own rules, which can affect reimbursement. 

Another trap involves mismatched materials. If discontinued shingles prevent a seamless repair, building-code matching requirements and manufacturer bulletins can support a full-slope replacement. An attorney will bring those facts into focus and link them to your policy’s loss settlement terms.

How Kuhn Raslavich Will Help

Kuhn Raslavich. P.A. legal representatives will review your policy and claim file, identify gaps in documentation, and coordinate with licensed contractors to fine-tune the scope. An experienced lawyer with our firm will manage communications with the carrier, press for fair valuation, and, if needed, move the claim into the appraisal or litigation stage while watching every statutory clock.

Clients benefit from a structured approach. We will track deadlines under Florida Statutes, cite the correct provisions when requesting payment releases, and weigh appraisal versus suit based on your goals and the carrier’s posture. That blend of planning and persistence can shorten the path to a workable resolution.

Practical Steps That Strengthen Your Claim

Having a clear process beats wondering if you’re doing the right things when dealing with the insurance company. Begin with a thorough walk-through, assemble multiple contractor estimates, and preserve receipts for temporary repairs. Keep an email log with dates, names, and a summary of each conversation. When the carrier updates its scope, request the revised estimate and compare it line by line. A Florida attorney will use your records to rebut attempts to shave legitimate items.

If your county receives a federal disaster declaration, FEMA may offer limited home repair aid when your policy does not make you whole. FEMA guidance explains that you must first pursue your insurance claim and submit the insurer’s settlement or denial for review. Coordination with your insurer prevents conflicts and maximizes total recovery.

Frequently Asked Questions

What is the deadline to file a wind damage claim in Florida?

For wind losses, you must provide notice of a claim or re-opened within one year from the date of loss. Florida law allows 18 months from the date of loss for a supplemental claim.

How does the hurricane deductible work in Florida?

The hurricane deductible applies within a specific time window that is tied to National Hurricane Center watches and warnings. This deductible operates on an annual, calendar-year basis and applies to covered hurricane losses under one or more policies from the same insurer group.

How can a wind damage claims attorney help with a stalled or underpaid claim?

A capable attorney will map out your claim path, engage the adjuster on the facts, and anchor demands to Florida statutes to keep your claim moving. If necessary, they can escalate the issue by moving into appraisal or litigation to protect your recovery.

Choosing a Wind Damage Claims Attorney in South Florida

You want a firm with experience in property insurance disputes; one that builds clean claim files and understands how Florida statutes and local building codes drive outcomes. Kuhn Raslavich. P.A. brings that experience to wind claims across Miami-Dade, Broward, Palm Beach, Collier, and Lee Counties. An attorney with our firm will evaluate coverage, measure your loss against policy terms, and propose the fastest path to a fair number – whether that is continued negotiation, appraisal, or suit.

Wind losses are stressful, but a steady plan changes outcomes. Document thoroughly, notify promptly, and keep a clear paper trail. If the process stalls, consider a wind damage claims attorney with our firm to protect your recovery from start to finish. Start your free case consultation with Kuhn Raslavich. P.A. by calling 877-352-7767 or using our online contact form.