HOMEOWNER RESOURCES

The insurance claims process truly begins well before a storm arrives. Ideally, the homeowner will have photos and videos of their property before the weather event as well as a copy of their policy. 

After the weather event, the homeowner should immediately take "after" photos and videos of the whole property, especially of damaged or potentially damaged areas prior to making any repairs or removing any debris. While you may have an instinct to act quickly, having the raw post-storm condition documented is highly important. Avoid making substantial or permanent repairs, unless necessary, until the damage has been assessed by your insurer. Insurers are very sensitive to self-help and may cite it as a reason to reduce, delay, or deny your claim later on.

Most homeowners elect to independently handle damage that is able to be self-repaired or repair costs are less than the insurance policy deductible. 

For damage that cannot be self-repaired or is higher than the deductible, entering the insurance claims process is the next step. Homeowners should contact their insurance company to notify them of the damage, this can be done by e-mail, phone, or online. When making contact, it is important to know the dates of loss, all forms of actual or potential damage, and any temporary repairs or preventive measures taken in order to report this information. The homeowners goal should be to report the damage, but never speculate as to the causes of the damage. If the insurer has reason to believe the damage could have been caused by an event not covered under the policy, the claim will likely be denied.

After the claim is opened, the insurer will schedule an inspection of the property by their adjuster. It is highly recommended to also hire a knowledgeable and experienced public adjuster to conduct an independent inspection at the same time or at a separate time. Public adjusters are often less conservative in identifying damage and estimated repair or replacement costs. Be aware that additional professionals may be needed to assess the property. For example, with suspected mold, generally samples need to be taken and sent to a laboratory for testing, or an engineer may be needed to assess potential structural damage.

Once the reports are in, the insurer will review the claim and issue its decision regarding coverage as well as an offer of compensation, if they deem the damage covered. This is a critical moment for the claim, as many homeowners feel insurers make low initial offers, exclude items of damage, and deny claims that should be paid. If a homeowner has these concerns, they may have an insurance claim dispute and should hire an attorney to review the offer and determine whether the appeals or negotiation process should be undergone. A public adjuster can assume many of these tasks but cannot offer a legal opinion to you or your insurer regarding coverage, so having both professionals is critical to maximizing the payout.

Attorneys who handle insurance claim disputes generally have three options for their compensation - contingency, hourly, or flat rate. Contingency options are common, so that homeowners do not have to pay the attorney upfront, however this author issues caution that upfront payment be considered if it is affordable for the homeowner. Most firms that offer representation on contingency take on numerous homeowners as clients in order to increase their chances of payment, which can leave the attorneys with less time to work and be attentive per claim. Self-payment of attorneys fees keeps the homeowner in control of their claim and its resolution and "buys" the attorneys time and attention on their claim instead of being grouped with many other homeowners which can lead to delays.

Many claims are resolved by negotiations between the insurer, public adjuster, and attorney, especially in the wake of numerous adaptations to regulations of the insurance industry in Florida and litigation regarding unpaid claims and wrongful denials. However, if not, the state has a mediation program available and other pre-suit processes to streamline disputes. Litigation is often a last resort and the lengthy timeframes applicable when going to court should be carefully balanced with how "good" the pre-suit offers are.

Every step of the insurance claims process after a storm has timeframes set by law. This author strongly recommends consulting an attorney to ensure your claim is filed and managed timely.