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Tampa Wind Damage Claims Attorney

Experienced Wind Storm Damage Claims Attorneys on Florida's Gulf Coast

High winds are a part of life in the Tampa Bay area. When those winds damage roofs, windows, and outdoor structures, families must suddenly deal with insurance claims, deductibles, and confusing letters from insurers. Guidance from a Tampa wind damage claim attorney can help turn that confusion into a clear plan.

Wind claims raise special questions about when a hurricane deductible applies, how to distinguish between wind and flood damage, and whether hidden structural issues must be addressed.

At Kuhn Raslavich, P.A., our property insurance claims lawyers know how wind damage claims work in Florida. We will work to protect your rights and help you push back against an unfair insurance denial.

Understanding Wind Damage Coverage in Florida

Understanding how wind coverage works in Florida helps you make clearer choices before and after a storm. Wind coverage in Florida is often provided through a standard homeowners policy or a separate windstorm policy, depending on where you live and which insurer you use. 

Policies may treat wind from a named storm differently from wind in a regular thunderstorm. The difference matters because hurricane deductibles are often much higher than regular deductibles, which changes how much money comes out of your pocket.

Where Wind Coverage Comes From

Some neighborhoods fall into special wind zones where insurers require a separate windstorm policy or only offer certain types of coverage. Other areas still include wind in the main homeowners’ policy. The “Declarations” page of your policy is usually the best starting point. That page lists your coverages, shows whether wind is included, and tells you which deductibles apply. It does not answer every question, but it gives you a roadmap for what to review next.

Florida Statute 627.701 and Hurricane Deductibles

Florida Statute 627.701 establishes rules for hurricane deductibles, including the circumstances under which they apply. Generally, the higher deductible applies only during a specific time window after a hurricane watch or warning is issued and remains in effect for a set period following the storm. If wind damage occurs outside that window, the standard deductible usually applies. A wind claim lawyer with our firm will review weather records and policy language to confirm which deductible should control your loss.

Many storms send bands of wind and rain across Florida for days. Some bands arrive before a watch or warning is issued, and others pass through after the main storm has moved away. The correct deductible depends on when the damage actually occurred, not just the date printed in the adjuster’s report. Radar images, National Weather Service bulletins, and your own photos can help show whether the damage happened inside or outside the official hurricane period.

Hidden Wind Damage After a Storm

Wind damage is not always obvious. Strong gusts can loosen roof materials, damage underlayment, or shift structures without leaving clear marks on the surface. Over time, those hidden problems can lead to leaks and structural issues. Insurers sometimes focus only on what they see during a quick inspection and overlook these deeper issues. Your wind damage attorney will work with qualified inspectors and contractors to document both surface and hidden damage so the claim reflects the full scope of the loss.

Documenting Wind Damage the Right Way

Good documentation might include close-up photos, attic inspections that reveal staining or light coming through gaps, and moisture readings that show water inside walls or ceilings. When this information is collected soon after the storm, it becomes harder for the insurer to argue that ordinary wear and tear caused the problems. 

Distinguishing Wind Damage From Flood Damage

wind damage claimsOne of the most challenging aspects of storm claims in Florida involves distinguishing between wind damage and flood or storm surge damage. Most homeowner’s policies cover wind but exclude damage from rising water, which is usually covered by a separate  flood insurance policy. When a storm brings both, each side may try to shift costs to the other policy.

How Wind and Flood Combine in Real Storms

In low-lying and coastal areas of Tampa, storms can rip shingles from roofs, shatter windows, and drive rain into upper floors, while also flooding streets and the first levels of homes. Roofs, siding, windows, and interiors can all be hit at once. Some insurers point to any sign of standing water and argue that most or all of the loss should fall under the flood policy, even when wind clearly played a major role in the damage.

Using Evidence to Separate Wind and Flood

Evidence plays a key role in these disputes. Photos, videos, and repair reports that show where damage started can support your position. For example, blown-off shingles and damaged siding suggest wind damage, while water lines on walls and standing water inside the home may point to flood damage. A policyholder lawyer will help organize this evidence and present it in a way that clearly supports coverage under the wind policy.

Neighbors’ photos and videos can also help. Images that show shingles flying off nearby homes, trees bending in one direction, or debris traveling through the air at specific times can help connect wind speeds and directions to the damage at your property. Reports from contractors and engineers that explain, in simple language, how wind pressure or flying debris caused certain breaks give your claim a clear story that is harder for an insurer to ignore.

Anti-Concurrent Causation Clauses

Anti-concurrent causation clauses in some policies say that if an excluded cause and a covered cause combine to create damage, the insurer can deny the entire claim. These clauses can be harsh, yet they remain part of many contracts. A wind claim attorney will examine how such clauses are written in your policy and look for ways to show that wind alone caused specific portions of the damage, which can keep at least part of the loss covered.

Often, the goal is to break the loss into clear parts. For example, your representative may argue that the torn roof, broken windows, and damage on upper floors were caused by wind, while certain lower-level damage resulted from a flood. When the claim is presented in separate pieces, as in this example, insurers have a harder time using a single broad clause to wipe out coverage for the entire event.

Hurricane Deductibles and Real-World Costs

Hurricane deductibles often equal a percentage of the home’s insured value, such as two or five percent, rather than a flat dollar amount. For a Tampa home insured at a high value, this can translate into a very large deductible. Policyholders sometimes assume that damage does not “meet” the deductible and avoid filing claims, which can lead to bigger problems when future damage occurs.

Should You File a Claim Below the Deductible?

Skipping a claim might seem easier at first, especially if you worry about higher premiums. However, that choice can later remove an important piece of evidence. If leaks worsen months after a storm or your roof fails in a subsequent event, the insurer may argue that there is no connection between the current damage and the earlier wind. Without a claim filed from that first event, you may face a more difficult dispute in the future.

Filing a claim creates a record of the storm event and the damage it caused. Even when the loss falls below the deductible, that record can help link later damage to the same storm, which can be important if additional issues arise. An experienced lawyer will help you weigh the pros and cons of filing claims for smaller events and explain how doing so can affect future coverage and premiums.

What Should Your Claim Strategy Be When Losses Exceed the Deductible?

When losses clearly exceed the deductible, strategy matters. Insurers may attempt to group multiple storms into a single hurricane event, or treat separate damage events as a single claim, to apply a single deductible in a manner that favors their position. A wind claim attorney will examine the timing of storms, notices, and inspections to challenge these tactics when they are not supported by policy language or Florida law.

A claim strategy can also involve selecting the right tools when the insurer is unwilling to move. Some policies, for example, include appraisal clauses that allow each side to select an appraiser and have an umpire decide the amount of loss. Others encourage mediation through state programs before filing a lawsuit. Understanding how these options work and when to use them can save time and money while still pushing for a fair result.

A Tampa Wind Damage Claims Lawyer With Kuhn Raslavich, P.A. is Ready to Fight for What You Deserve

For families and businesses seeking help from a Tampa wind damage claims attorney, working with a firm that understands Florida’s wind and hurricane rules is critical. Kuhn Raslavich, P.A. can make a meaningful difference in how quickly damaged property is restored and force the insurance company to reimburse you for that loss fairly. Schedule your free case review by calling 877-352-7767 or using our online form.

Working With Kuhn Raslavich Day To Day

Files move when everyone knows what happens next. Kuhn Raslavich will establish a calendar for inspections, mitigation, build-back steps, and carrier checkpoints, then communicate in writing to ensure timelines are easily verifiable. Vendors will receive guidance on the documentation carriers expect, which reduces questions and surprise denials. One of our attorneys will translate policy language into tasks, such as photographing details, capturing moisture readings, and saving invoices, so the record answers predictable objections before they arise.

Transparency is one of the many reasons clients trust our firm. You will know where the file stands, what the carrier requested, and what comes next. Each submission will serve a defined purpose rather than a “data dump.”

Frequently Asked Questions

When does a hurricane deductible apply in a Florida wind damage claim?

The higher hurricane deductible typically applies only during a specific time window after a hurricane watch or warning is issued and for a set period following the storm, as established by Florida Statute 627.701.

How can I distinguish between wind damage and flood damage for my insurance claim?

Evidence like blown-off shingles, damaged siding, and reports showing where the damage started support wind damage, while water lines and standing water inside the home may indicate flood damage. An attorney can help organize this evidence to clearly support coverage under the wind policy.

Should I file a claim if the estimated loss is below my hurricane deductible?

Yes, filing a claim, even if the loss is below the deductible, creates an official record of the storm event and damage, which can be crucial for linking later-worsening leaks or future damage to the initial storm.

Reasons To Call Kuhn Raslavich

If you have suffered property damage as a result of water damage, fire, hail, or hurricane, CALL KUHN RASLAVICH FIRST…not your insurance carrier. Kuhn Raslavich charges no fees unless you get paid! We will deal with the insurance company on your behalf so you do not have to worry about setting up a claim or getting paid adequately. As an illustration of why hiring Kuhn Raslavich would be beneficial, consider this common occurrence:

  1. A hurricane badly damages your home.
  2. You call your insurance carrier who sends out one of their own adjusters to estimate the amount of damage.
  3. You accept the amount estimated by the insurance carrier, not knowing that it is extremely undervalued because the insurance company is trying to pay the least amount possible to settle your claim.
  4. As a result, you do not have enough money to repair your home properly.

We will come to your home and estimate the true value of the damage, which is often much greater than what the insurance company has determined. We will then gather all necessary paperwork and submit the claim to your insurance company. Once submitted, we help you along step by step and negotiate the claim in an effort to maximize your recovery.

Since filing a homeowner’s insurance claim is not a common occurrence, many homeowners do not know where to start. Many believe that their insurance company works for them, and is looking out for their best interest; however, insurers DO NOT represent homeowners and ARE NOT looking out for their best interest. Insurers are FOR PROFIT CORPORATIONS that are trying to pay the least amount possible to resolve claims.

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