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FAQ

FAQ

Florida Homeowners Insurance
Claims FAQs

At Quattrochi, Torres & Taormina, P.A., we receive many questions about homeowners claims in Florida. The following are a few frequently asked questions, and if you have concerns about property damage claims of your own, please reach out to our office directly for a free consultation.

  • Why is having home insurance important for fire damage?

    Securing home insurance is crucial as it safeguards against the risk of losing your home entirely in the event of fire damage. It's essential to review your policy details to ensure coverage aligns with your needs.


  • How should I prepare for filing a fire damage claim?

    Documentation is vital. Taking photographs and properly labeling them with dates can significantly strengthen your claim. This evidence will play a crucial role in facilitating compensation for damages incurred.


  • How long does it take to process a fire damage claim?

    The duration for claim processing varies based on several factors, including the filing process. Collaborating with a professional fire damage adjuster can expedite proceedings, potentially resolving the claim in under 90 days.


  • Can I influence the restoration process after a successful claim?

    Yes, you retain control over the restoration of your home post-claim approval. It's crucial to ensure that the restoration adheres to all construction codes and standards, ensuring your home is restored to its pre-damage condition.


  • How long does a fire investigation typically take?

    Fire investigations can span weeks or even months, depending on various factors. Despite the potential delays, it's vital to remain patient throughout this process, as thorough investigations are necessary for fair compensation.


  • What are the benefits of hiring a fire damage consultant?

    Fire damage consultants possess expertise in navigating legal complexities surrounding fire damage claims, enhancing the likelihood of securing a fair settlement. Their advocacy ensures proper representation and maximizes compensation.

  • Do I need legal representation for my insurance claim?

    If you're grappling with fire damage and seek compensation, enlisting the services of a seasoned legal team is advisable. With our expertise and experience in handling fire damage cases, we can assist you in navigating the complexities of insurance claims and securing the compensation you deserve.

  • Is my roof too old for an insurance claim?

    More often than not you will find Home Insurance carriers attempting to avoid liability based on the age of your property. But what they don’t tell you is that they can’t have it both ways. They cannot charge you higher insurance premiums based on your roof’s age, just to turn around and deny your claim based on your roof’s age.  


    If you received a denial based on “age, marring over time, or wear and tear”, you should reach out to us to set up a Free claim consultation. It is likely that your claim was wrongfully underpaid. 


  • What is the claims process like? What can I expect?

    Report the claim: Contact your insurance company as soon as possible to report the claim. Provide them with the necessary details of the incident and any supporting documentation, such as photos or videos of the damage.


    Your insurance will assign a field adjuster: The insurance company will assign an adjuster to your claim. This adjuster will be responsible for assessing the damage, evaluating coverage, and determining the amount of compensation you are eligible to receive.


    Inspections: The insurance field adjuster will schedule a visit to your property to inspect the damage firsthand. They will assess the extent of the damage, take measurements, and document the necessary information to process the claim. Sometimes, your insurance company might hire an Engineer for a second opinion.  – At this stage is best to have your own licensed contractor or restoration expert make sure the insurance inspects the claim fully. 


    Documentation and evidence: During the inspection, provide any relevant documentation or evidence you have, such as receipts, invoices, or repair estimates. This information helps support your claim and ensures that all eligible damages are considered.


    Coverage determination: Once the adjuster completes their assessment, they will review your policy to determine the coverage applicable to your claim. They will assess whether the damage is covered, any applicable deductibles, and any exclusions or limitations in your policy.


    Try to Negotiate a Settlement: If you believe the coverage determination is insufficient, you can negotiate with the insurance company to seek a fair resolution. Provide any additional documentation or evidence that supports your claim for a higher settlement amount. You’ll need to hire an experienced QT&T attorney to make sure you recover everything you’re entitled to. 


  • How much does a Lawyer cost?

    Clients don't owe us anything unless we win money for you. 


    For 2023 and newer insurance claims, we will have to charge you a contingency percentage of the new money we recover for you. Just like a Personal Injury claim. 


    For claims with dates of loss before December 16, 2022, Florida allows your lawyer to be paid “statutory fees” by your insurance company if they win a settlement or judgment for you.  In other words, if you need to hire a lawyer for your 2022 hail, fire, pipe, or hurricane claim, and that lawyer proves that you were underpaid. Then by law, your homeowner’s insurance company will have to pay your lawyer’s time and costs, ON TOP of what they you. A real, win-win situation. 


  • What are the common problems with Hurricane insurance claims?

    There are many issues people face with hurricane insurance claims.


    Some of those issues are:

     

    Late Reporting

    This is by far the most common problem homeowners face, and it's usually not their fault. People often think they have a year to report a claim, and that's only half true. 


    In reality, all property insurance policies require that you report potential storm damage as soon as possible. Ideally within 24 hours. - The longer you wait to report your hurricane or storm claim, the more likely your claim will be denied due to "Late Notice and Prejudice to the investigation". 


    So do yourself a favor and report any signs of Hurricane or other storm damage to your insurance company today. 


    Insufficient Flood Insurance Coverage

    When a hurricane strikes, flooding can cause severe damage to a property's foundation, leading to wood rot, extensive water damage, and dangerous mold growth. However, homeowners’ insurance policies do not cover flood damage. To protect yourself from financial loss, it is crucial to obtain an additional flood insurance policy in Florida that covers hurricane-related flooding.

     

    Failure to Mitigate Damage

    Homeowners are responsible for taking steps to minimize the damage caused by a hurricane. After receiving clearance to return to your property, take immediate action to remove standing water, dry affected areas with fans, and cover broken windows to prevent further storm damage. Failure to mitigate damage could lead to a reduction in your financial benefits from the insurance company.

     

    Insufficient Evidence of Losses

    When filing an insurance claim for hurricane damage, it's crucial to provide sufficient evidence of the losses and property damage. Take photographs of the damage, even before making temporary repairs, and keep a detailed record of all losses. If possible, have your home inspected every few years, so that you’ll have proof of your home’s pre-storm conditions. Providing ample evidence of the hurricane's impact on your home can strengthen your case and improve the likelihood of receiving full compensation.

     

    Disputes Regarding Fallen Trees

    Hurricane-force winds can knock down trees that cause additional property damage, leading to liability disputes between your homeowner’s insurance company and your neighbor's. If the tree was on your neighbor's property, they should file the claim. Filing the claim with your insurance company could result in denial.

     

    High Deductibles for Hurricane Damage Claims

    Homeowners may be surprised to learn that they have high deductibles for hurricane damage claims. Before filing a claim, it's important to understand the policy's rules to avoid unexpected out-of-pocket expenses.

     

    Insurance Bad Faith

    Insurance bad faith occurs when an insurance company fails to handle your hurricane claim as required by law. Examples of insurance bad faith include delayed claims processing, incorrect information about exclusions and coverage, low settlement offers, and denied claims. If you suspect insurance bad faith, you may be able to file an additional claim against the insurer.

     

    If you find yourself dealing with one of these headaches, call your QT&T for a free consultation, (407) 452-4918.

  • How do I file a home insurance claim?

    Contact your insurance company: Notify your insurance company as soon as possible after the incident occurs. Most insurance companies have a claims hotline or customer service number specifically for filing claims. Provide them with your policy details and explain the nature of the claim.


    Document the damage: Take photos or videos of the damage to your property. This visual evidence will help support your claim and provide documentation for the insurance adjuster. Make a detailed inventory of the damaged or destroyed items.


    Prevent further damage: Take reasonable steps to prevent further damage to your property. For example, if a pipe has burst and is causing flooding, turn off the water supply or hire a professional to do so. Keep records and receipts of any temporary repairs or mitigation efforts.


    Provide necessary information: Be prepared to provide your insurance company with information such as your policy number, contact details, the date and time of the incident, a description of what happened, repair estates, photos of the damages, and any relevant documents and reports. 

    Cooperate with the claims process: Your insurance company will assign an adjuster to assess the damage and determine the coverage and amount of compensation you are entitled to. Cooperate fully with the adjuster, provide any requested documents or information, and be available for inspections or interviews as needed.


    Keep records: Throughout the claims process, keep copies of all correspondence, documents, and receipts related to your claim. This will help you keep track of the progress and provide evidence if any disputes arise.


  • Do I need to Sue?

    Not necessarily. Oftentimes home insurance claims are denied or underpaid because they require us to jump through the fist. If you hire QT&T, we will guide you through the process and inherit your headaches.


    Aside from fully complying with your carrier’s information requests. We can complain to the insurance regulator, the Florida Department of Financial Services (DFS), about your Insurance Carrier’s Claim mishandling and other bad faith actions. This complaint is called a Civil Remedy Notice (CRN).  Insurance carriers have up to 60 days to either justify or fix the situation. 


    Lastly, we can file a Notice of Intent to Litigate with the DFS. That is NOT a lawsuit, but rather a notice to your insurance company, that if they don’t fix their mistakes, we plan to sue them. In response, by law, your insurance company must do one of the following within 10 Business Days: 

    • Attempt to Settle the claim. 
    • request Alternative Dispute Resolution, like mediation or appraisal.
    • Request a 14-day Investigation Extension. 

    As you have read, there are plenty of options we exhaust before needing to sue. Call to set up a Free Claim evaluation with our experienced homeowner’s insurance attorneys for greater details. 


  • How long can a lawsuit take?

    Florida Supreme Court requires that a typical Civil Lawsuit be resolved within 18 months of the lawsuit being filed. Courts issue Case Management plans indicating deadlines for Discovery, Motions, Mediation, etc. to ensure your case meets that 18-month trial deadline. 


    From experience and without making any guarantees, we can self-identify cases into three broad categories:


    Category One: Price and Scope Cases

    These are those cases where the insurance company already open some coverage and thus admitted their responsibility to pay for the claimed loss. The only issue here is how much those repairs should cost. – These cases are easier to settle. These are normally resolved within 6-8 months of the lawsuit. Sometimes they settle even faster, and sometimes it takes longer. There are a lot of variables. 


    Category Two: Business Decisions 

    These are cases where liability is contested, but their claims investigation wasn’t the best. If that is the case and the amount of money needed isn’t massive. It is likely your claim will be settled within 8 – 12 months of the lawsuit. Sometimes they settle a lot faster, sometimes it takes longer to settle. There are a lot of variables.


    Category Three: Trial Track 

    These are cases where liability is contested, and your carrier has an engineer’s report supporting their decision. These are cases where your homeowner’s insurance is ready to fight and has an independent factual basis for denying coverage. Oftentimes, these are also late reported claims, maybe you’ve had multiple roof or pipe claims in recent years, or maybe you need six figures to fix your home.  These are the ones where your insurance carrier will take a longer look before considering making any offers.  

    Who knows, sometimes you get lucky, but should expect the lawsuit to take at least a year to resolve or go to trial. (In Florida, less than 1% of Civil Lawsuits go to Trial) 


  • What information and documentation do I need to provide when filing a claim?

    Basic Contact and Policy information: Include your full name, address, phone number, and email address. This ensures that the insurance company can reach you regarding the claim. Provide your insurance policy number, the effective dates of your policy, and any other relevant policy details.


    Date and time of the incident: Specify the date and time when the damage or incident occurred. If you're not sure, you'll need an educated estimate. 


    Description of the incident: Provide a detailed description of what happened, including the cause of the damage or loss. Be as specific as possible to help the insurance company understand the circumstances.


    Photos or videos: Include visual evidence of the damage or loss. Take clear and comprehensive pictures or videos of the affected areas or items. This documentation strengthens your claim and helps the insurance company assess the extent of the damage.


    Inventory of damaged items: Create a list of all the items that were damaged, destroyed, or stolen. Include details such as the item's description, age, value, and any relevant receipts or proof of purchase.


    Repair estimates: Obtain repair estimates from licensed contractors or professionals. These estimates help determine the cost of repairs or replacement and assist the insurance company in assessing the claim.


    Sworn Proof of Loss: A sworn proof of loss is a formal document or statement required by an insurance company when filing a claim for a loss or damage covered by the policy. It is a written declaration provided by the insured to substantiate the details and value of the claim being made. This document needs to be either signed or notarized and MUST be returned to your insurance company within 60 days, or else you will not recover. 


    • What is the deadline for filing a home insurance claim?
    • How long does it typically take for an insurance company to process a home insurance claim?

    In Florida, the timeframe for processing a home insurance claim can vary depending on the factors mentioned earlier. However, there are some regulations in place that may impact the timeline:


    • Notice of claim acknowledgment: According to Florida law, upon receiving notice of a claim, the insurance company must acknowledge the claim within 14 days. This acknowledgment confirms that the claim has been received and is being processed.
    • Claim decision timeframe: Once the insurance company has received all necessary documentation and information, they have 90 days to make a coverage determination. This decision can include accepting the claim, denying it, or requesting further investigation or documentation.
    • Additional time extensions: Under certain circumstances, the insurance company may request a 90-day extension to make a decision on the claim. This extension can be granted if there is a reasonable need for additional time due to factors such as the complexity of the claim or if there is an ongoing investigation.

    It's important to note that these timeframes are provided by Florida law, and insurance companies are required to comply with them. However, the actual processing time may still vary depending on the specific circumstances of the claim.



  • Will my home insurance rates increase if I file a claim?

    Filing a claim with your home insurance provider can potentially lead to an increase in your insurance rates. When you file a claim, the insurance company assesses the risk associated with insuring your property and may adjust your rates accordingly. However, it's important to note that not all claims will result in a rate increase.


    Several factors can influence whether your home insurance rates will increase after filing a claim. These factors include the type and severity of the claim, the frequency of claims, your claims history, and the terms and conditions of your specific insurance policy.


    If you have a history of filing multiple claims or if your claim involves a significant amount of money, there is a higher likelihood that your rates will increase. Insurance companies may consider you a higher-risk policyholder, and as a result, they may adjust your premiums to reflect that increased risk.


    With all that being said, you need to first prioritize your needs. If you've suffered a significant loss, the potential future premium increases will not outweigh your current repair needs.

  • What is the deadline for filing a home insurance claim?

    In Florida, the deadline for filing a home insurance claim may vary depending on your insurance policy and the specific circumstances of the claim. Starting in 2023, you technically have up to 1 year from the date of loss to first report a windstorm loss, and no longer than 13 days to report a water leak claim. 


    However, insurance policies require you to report a claim “promptly” after the incident occurs. In other words, regardless of the time limits, you need to report the claim as soon as you know there is something wrong with your property


    The longer you wait to report a potential claim, the worse off you will be. Promptly notifying your insurance company allows for a smoother claims process and ensures that you meet any applicable deadlines.


  • Can I still collect from my Homeowner’s Insurance claim if I sell or repair my home?

    The current Florida Case law states that you can still recover from your homeowner's insurance claim, even if you sold your home. However, there are a lot of things you need to make sure to happen to protect your interest. In a prior QT&T post, we went into greater detail on this topic. 

    If your carrier already concluded its investigation, and you plan to sell your home, you need to do the following: 


    • Don’t do this aloneHire QT&T to make sure you protect your interest, it’s easy to make a mistake and hurt your ability to recover. Once again, we do not recommend trying to do this yourself, you need to hire a lawyer. 
    • Comply with your insurance company’s claim investigation. You should never sell or replace the damaged portions of your property until you’ve fully complied with their investigation, and they’ve reached a coverage determination. You should give your insurance company every photo, expert report, home inspection report, loss estimate, invoice, and Sworn Proof of Loss they’ve requested. Homeowner’s insurance companies have up to 90 days from the date you opened the claim to reach a coverage determination. While promptly complying with their information and inspection requests can speed up the claim investigation, there is nothing that can legally force your insurance company to speed up.  
    • Give written notice (email and certified mail) to the insurance company letting them know that you plan to sell the home or replace the damage. You need to give reasonable time to reinvestigate and document the damages in the claim. “Reasonable” is a vague word, but a safe bet is over 30 days. 45 to 60 days is plenty of time for them to do any re-investigation. 
    • Hire Experts. You need to hire a qualified Engineer to determine the cause, origin, and scope of the damages. Depending on the type of loss, you might also need a water leak detector, a water mitigation protocol, and a mold test. To win, you need an expert report(s) in the works before selling or making major repairs. If you sell or replace all the damages before your expert’s inspections, you’ve robbed yourself of the opportunity to win your case. 
    • Edit your Sale agreement. If you want to claim depreciation in house value, the purchase and sale agreement MUST say explicitly how much the property was devalued due to the Storm/Water Leak/Fire. – If you don’t, you won’t be able to argue for diminished sale value. 

    As you can tell, there are a lot of important moving parts. Please, call to set up a Free Claim evaluation with our experienced homeowner’s insurance attorneys. You should not do this alone. 


  • Will my insurance company Cancel my Policy for opening a claim?

    No, or at least they shouldn’t. In Florida, a home insurance company cannot cancel your policy solely because you have opened a claim for a covered loss. According to Florida law, an insurer is prohibited from canceling a personal or commercial residential property insurance policy based solely on the insured's claim history or for making a single claim. 


    However, it's essential to note that while an insurer cannot cancel your policy solely due to a single claim, they can non-renew your policy for other legitimate reasons as specified in the insurance contract. For example, if the insurer can demonstrate that you have a history of filing numerous claims over a short period, or if there are specific risk factors associated with your property that make it undesirable to continue coverage, they may choose not to renew your policy. Additionally, if you fail to pay your premiums or violate other terms of the insurance agreement, the insurer may cancel or non-renew your policy.


    If you feel that your insurance company has treated you unfairly or inappropriately canceled your policy, you can seek advice and assistance from QT&T. Your homeowner’s insurance attorneys. 


  • Can I choose my own contractor for repairs, or does the insurance company have a preferred provider?

    In most cases, homeowners’ insurance policies allow policyholders to choose their own contractors for repairs. However, it is essential to review your specific insurance policy to understand the terms and conditions regarding contractor selection.


    Some insurance companies may have a Preferred Network of Vendors/Contractors which if elected will afford you greater policy limits. While other policies require that you use your insurance company’s vendor to do the work. 


    However, policyholders generally have the right to select their own contractors, even if they are not part of the insurance company's preferred network. This gives homeowners the flexibility to choose a contractor they trust or have prior experience with. Keep in mind that certain conditions may apply, such as the contractor needing to be licensed, insured, and providing a detailed estimate for the repairs.


    When selecting a contractor for repairs, it's important to consider their experience dealing with homeowner’s insurance claims, their professional licenses, and their reputation. You should only hire a contractor that knows how to properly document your damages. Your average Joe contractor does not know how to photograph and record damages in a way that homeowners insurance companies understand. Your contractor’s photos, diagrams, reports, and estimate will form the factual basis of your claim and argument. It is important that this is done right, the first time. 


    If you are not sure if your photos, estimate, and reports are sufficient. Please reach out to QT&T for a free claim evaluation. 

  • What types of damage or incidents are covered by my home insurance policy?

    The coverage provided by your home insurance policy depends on the specific policy you have chosen. However, most standard home insurance policies typically provide coverage for the following perils:


    • Dwelling coverage: This protects the structure of your home against damage caused by perils such as fire, lightning, windstorms, hail, explosions, and certain types of water damage (e.g., burst pipes).
    • Personal property coverage: This covers your belongings, such as furniture, clothing, appliances, and electronics, against covered perils like fire, theft, vandalism, and certain natural disasters.
    • Liability coverage: This protects you if someone is injured on your property or if you accidentally cause damage to someone else's property. It typically covers medical expenses, legal fees, and settlements or judgments against you.
    • Additional living expenses (ALE): If your home becomes uninhabitable due to a covered peril, ALE coverage helps with temporary living expenses, such as hotel bills, rent, and food, while your home is being repaired or rebuilt.

    It's important to note that there are often limitations and exclusions within home insurance policies. Common exclusions include damage from floods, earthquakes, sinkholes, mold, and certain types of intentional acts or neglect. However, additional coverage or separate policies may be available for these specific perils.


    To understand the exact coverage provided by your home insurance policy, it's crucial to review your policy documents and speak with your insurance provider. They can provide you with a detailed explanation of the coverage, exclusions, and any additional endorsements or riders that may apply to your policy.


  • Why are homeowners’ insurance premiums going up?

    In recent years, home insurance premiums in Florida have been increasing due to several factors:

    • Natural disasters and catastrophic events: Insurance companies adjust their premiums to account for the increased risk and potential payouts associated with these events. Florida is prone to hurricanes, tropical storms, and other natural disasters. From 2017 to 2022, Florida was hit by 5 major named storms. Of those, Hurricanes Irma, Michael, and Ian brought record-breaking winds, rain, and deaths. Naturally, these events caused significant damage to homes and resulted in a higher volume of insurance claims. 
    • Rising construction and labor costs: Homeowners’ insurance companies must factor in the cost to repair covered damages when determining premiums. As you’ve noticed supply chain issues and rapid inflation have affected our daily lives. The cost of construction materials and labor has resulted in sharp material and labor costs nationwide. 
    • Increased claims frequency and severity: Insurance companies have observed a rise in the frequency and severity of claims in Florida. This is due to various factors such as population growth, aging infrastructure, severe weather, and climate change impacts. More frequent and severe claims put additional financial strain on insurance companies, leading to higher premiums to maintain their financial stability.
    • Wrongfully Denied Claims: Insurance companies often face rising legal fees and litigation costs due to an increase in lawsuits related to wrongfully denied claims. Litigation can be costly and time-consuming for insurance companies, requiring carriers to hire attorneys, defend against lawsuits, and potentially settle or pay judgments. These expenses can contribute to higher insurance prices as insurers seek to cover these additional costs.
    • Judgments and settlements: When lawsuits related to property damage claims are successful or result in settlements, insurance companies may be required to pay significant amounts of money to policyholders or claimants. These payouts can impact the financial stability of insurance companies and may lead to premium increases to ensure they can meet their obligations.
    • Assignment of Benefits (AOB) abuse: AOB abuse has been a significant issue in Florida. AOB allows policyholders to assign their insurance benefits to a contractor or service provider, who then handles the insurance claim process. However, some unscrupulous contractors have abused this system by inflating repair costs, leading to increased claim costs and, consequently, higher premiums.
    • Reinsurance costs: Insurance companies often purchase reinsurance to help cover their potential losses in the event of catastrophic events. The cost of reinsurance has increased due to the rising risk of hurricanes and other natural disasters in Florida, and these costs are ultimately passed on to policyholders through higher premiums.

  • Is it worth filing a homeowner insurance claim?

    Filing a home insurance claim can be worth it for several reasons:


    • Financial protection: Home insurance is designed to provide financial protection against unexpected losses. Filing a claim allows you to receive compensation for covered damages, helping you recover and rebuild without shouldering the entire financial burden.
    • Restoring your property: Home insurance claims help you restore your property to its pre-loss condition. Whether it's repairing damage from a natural disaster or replacing stolen belongings, a claim can provide the necessary funds to restore your home and belongings.
    • Liability coverage: If someone is injured on your property or you accidentally damage someone else's property, your home insurance liability coverage can protect you. Filing a claim ensures that you receive the necessary support for legal fees, medical expenses, or settlement costs associated with such incidents.
    • Peace of mind: Insurance is meant to provide peace of mind, knowing that you are financially protected against unforeseen events. Filing a claim allows you to take advantage of the coverage you've been paying for, giving you peace of mind and security during challenging times.
    • Legal and contractual obligations: Filing a claim within the specified timeframe is often a requirement outlined in your insurance policy. Failing to report a covered loss in a timely manner may result in a denial of the claim or a breach of the policy terms.

    Ultimately, the decision to file a home insurance claim depends on the specific circumstances, the severity of the damage, your financial situation, and your coverage terms. If you have any questions or concerns, call QT&T to schedule a free claim evaluation. 

  • How long does it usually take for an insurance company to process a home insurance claim?

    The time it takes for an insurance company to process can vary based on the complexity of the claim, the severity of the damage, and the specific circumstances surrounding the incident. In Florida, homeowners’ insurance companies have up to 60 days to investigate the claim. It's essential to promptly report the claim to your insurance company and provide all necessary documentation to facilitate a smoother claims process. The insurance claim investigation deadline can be tolled due to a government State of Emergency Declaration (common for Hurricane losses). Additionally, investigation deadlines are often extended if you fail to comply with their investigation requests.   


    It's essential to promptly report the claim to your insurance company and provide all necessary documentation to facilitate a smoother claims process. The time it takes for an insurance company to process can vary based on the complexity of the claim, the severity of the damage, and the specific circumstances surrounding the incident.


    For smaller and straightforward claims, the processing time can be relatively quick, and you may receive a resolution within a few weeks. However, for more complex or larger claims, the processing time may be longer, and it can take several weeks to several months for the claim to be fully processed and settled.


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