You paid your premiums on time, every year. You held up your end of the bargain, trusting that the thick policy document you received was a promise of protection. After the storm, you filed your claim, believing that promise would be honored.
Then, the adjuster's estimate arrives. It is a fraction of what you need to repair your roof, replace your belongings, and put your home back together.
The document in your hand feels less like a promise and more like a betrayal. The insurance company you trusted is now an adversary, using confusing language and biased assessments to protect its profits at your expense. When this happens, you need a Florida hurricane claims lawyer to enforce that original promise.
Why Choose Rosenthal, Levy, Simon, & Sosa for Florida Hurricane Claims?
After a hurricane, you are not just rebuilding your home; you are taking on a massive insurance corporation with a team of lawyers dedicated to minimizing what they pay.
You need a law firm with the resources and resolve to level the playing field. Rosenthal, Levy, Simon, & Sosa brings decades of experience to the table, specifically in fighting for Florida homeowners against unfair insurance practices.
Our firm is deeply rooted in the communities of South Florida, such as Palm Beach, Highland Beach, and Boca Raton. We have seen firsthand the devastation these storms cause and the tactics insurers use to delay and deny valid claims. We prepare every hurricane claim for the possibility of a courtroom battle.
- Our attorneys have a deep knowledge of Florida insurance law.
- We use a network of trusted engineers, public adjusters, and contractors.
- We have the financial resources to litigate against any insurance carrier.
- Our bilingual team can assist both English and Spanish-speaking clients.
This comprehensive preparation and local knowledge put our clients in a position of strength during negotiations. We handle the fight with the insurance company so you can focus on the important work of rebuilding your life.
The Reality of the Hurricane Claim Process in Florida
Filing a hurricane claim initiates a formal process with your insurance company. This process is governed by specific laws and deadlines that you must follow to protect your rights. The insurance company has its own internal procedures for investigating and valuing your claim from its perspective.
Your Duty to Provide Prompt Notice
Your homeowner's policy requires you to notify the insurance company of the damage as soon as it is reasonably possible. This is called providing notice of a claim. Delaying this step can give the insurer a reason to argue that later damage was not caused by the storm, so it is important to contact them immediately.
Mitigating Further Damage
You also have a duty to take reasonable steps to prevent further damage to your property. This might include putting a tarp over a hole in your roof or boarding up a broken window. Keep receipts for any materials you buy for these temporary repairs, as they may be reimbursable.
The Insurance Company's Investigation
Once you file a claim, the insurance company will assign an adjuster to your case. The adjuster will schedule a time to inspect your property. They will take photos, write a report, and create an estimate of the repair costs.
It is important to remember that this adjuster works for the insurance company, not for you. Their estimate often reflects the lowest possible cost, using cheaper materials and labor rates.
Common Tactics to Underpay or Deny Hurricane Claims
Insurance companies are for-profit businesses. While they have a legal duty to pay valid claims, they also have a financial incentive to pay as little as possible. They use a variety of common tactics to achieve this goal.
An insurer's strategy often involves finding reasons to limit what they owe. These arguments can be complex and are designed to make you feel like you have no other option but to accept their low offer.
Here are some of the most common reasons insurers use to underpay or deny claims:
- Blaming Flood Damage: Many homeowner's policies cover wind damage but not flood damage. An insurer may incorrectly attribute damage from a storm surge or wind-driven rain to flooding to avoid paying the claim.
- Arguing Pre-Existing Damage: The adjuster may claim that your roof was old or that your home had structural issues before the hurricane, and therefore the storm is not the true cause of the damage.
- Using Unreasonable Delays: The insurer may drag out the process, requesting the same documents over and over, in the hope that you will become frustrated and accept a low offer or give up entirely.
- Making Lowball Offers: The company's initial offer is almost always far below the actual cost of repairs. They count on the fact that many homeowners will not question it and will accept the first check they see.
These tactics are designed to wear you down and save the company money. A lawyer fights back against these unfair practices by building a case based on facts and evidence.
Building Your Case for a Fair Recovery
You do not have to accept the insurance company's assessment of your damage. You have the right to build your own case and present your own evidence of what you are owed. This process involves a meticulous documentation of your losses.
Create a Detailed Inventory of Damaged Personal Property
Go through your home room by room and make a detailed list of every single item that was damaged or destroyed. For each item, note its description, age, and what it would cost to replace it. Take photos or videos of the damaged items. This inventory is essential for your personal property claim.
Obtain Independent Repair Estimates
Do not rely on the insurance company's estimate. Get at least two or three detailed, written estimates from reputable, licensed local contractors. These independent estimates will provide a much more realistic picture of the true cost of rebuilding and will serve as powerful evidence to counter the insurer's lowball offer.
Keep a Communication Log
Keep a written record of every interaction you have with the insurance company. Note the date, time, the name of the person you spoke to, and a summary of the conversation. Save all emails and letters. This log can become important evidence if the company is delaying your claim unreasonably.
Your Legal Options When an Insurer Acts in Bad Faith
When an insurance company fails to honor the terms of its own policy without a reasonable basis, it may be acting in bad faith. Florida law provides powerful protections for policyholders in these situations.
If your claim has been unfairly denied or drastically underpaid, you have several legal avenues to pursue. These formal steps are designed to hold the insurance company accountable for its contractual and legal obligations.
Your legal team can take several decisive actions, including:
- Filing a Civil Remedy Notice: This is a formal notice filed with the Florida Department of Financial Services that puts the insurer on notice of a bad faith violation. The insurer then has a 60-day window to correct their error and pay the claim to avoid a bad faith lawsuit.
- Invoking the Appraisal Process: Many policies contain an appraisal clause. This is a dispute resolution process where you and the insurer each hire an independent appraiser to value the loss. The appraisers then select a neutral umpire. A decision by any two of these three is binding.
- Filing a Breach of Contract Lawsuit: This is a lawsuit that asks the court to find that the insurance company violated the terms of your policy and to order them to pay the benefits you are owed.
- Filing a Bad Faith Lawsuit: If the insurer acted in bad faith and you win the underlying breach of contract case, you can then file a separate lawsuit for bad faith damages. This can include compensation for your attorney's fees and other damages caused by the insurer's wrongful conduct.
These legal tools provide the leverage needed to force the insurance company to treat you fairly. They are the mechanisms for enforcing the promise you paid for with your premiums.
FAQs: Florida Hurricane Claims Lawyers
What is the difference between a public adjuster and a lawyer?
A public adjuster is a licensed professional who can help you document your claim and negotiate with the insurance company. They work on a percentage of the claim payout. However, a public adjuster cannot provide legal advice or file a lawsuit on your behalf. If the insurance company refuses to be fair, only a lawyer can take them to court.
My insurance company is telling me I must use their preferred contractor. Is this true?
No. You have the right to choose your own licensed and insured contractor to perform repairs. While the insurer's preferred contractor may be reputable, you are not obligated to use them. You should always get multiple estimates from contractors you trust.
How long does my insurance company have to pay my hurricane claim in Florida?
The law has specific timelines. According to the Florida Homeowner Claims Bill of Rights, which is overseen by the Florida Office of Insurance Regulation, an insurer must acknowledge your claim within 7 days, provide any necessary forms within 14 days, and must pay or deny the claim within 60 days of you filing it, with some exceptions.
What if I have to live somewhere else while my home is being repaired?
Most homeowner's policies include coverage for Additional Living Expenses (ALE). This coverage is designed to pay for the reasonable costs of living elsewhere, such as hotel bills or rent for a temporary apartment, if your home is uninhabitable due to a covered loss.
The insurance company denied my claim because they said I did not have flood insurance. What can I do?
This is a very common and complex issue. The dispute often comes down to a battle of experts over whether the damage was caused by wind-driven rain (covered by your homeowner's policy) or rising surface water (a flood). An attorney can hire an independent engineer to evaluate the damage and provide an expert report to counter the insurance company's findings.
Take Control of Your Hurricane Claim
The aftermath of a hurricane is a difficult and stressful time. You should be focused on your family and the process of rebuilding, not on fighting with an insurance company. A denial or a lowball offer is not the final word.
You have the right to fight for the full and fair payment you are owed under your policy. A dedicated legal team can take on the burden of the insurance fight for you. We manage the paperwork, the experts, and the negotiations, putting you in the strongest possible position to secure the resources you need to restore your home.
The attorneys at Rosenthal, Levy, Simon, & Sosa provide strong, capable representation to Florida homeowners. We work to hold insurance companies accountable and to enforce the promises they made to their policyholders. For a confidential consultation, call our office or visit our contact page to schedule a meeting.