Table of Contents
Water, and the damage that often comes with it, is a fact of life in Florida, particularly during the rainy season of May through October. Yet when many property owners go on to file a water damage claim with their insurance company, they find it isn’t so easy to get the compensation they need for repairs and replacements.
If your insurer has improperly denied or underpaid your claim, Levin Litigation can help. Our Florida water damage attorneys understand the many nuances of these claims. We can fight back against unfair insurer tactics designed to leave you footing the bill for damages that should have been covered under your policy.
Is Water Damage Covered by Insurance in Florida?
Most homeowners insurance, condo insurance, and commercial property insurance policies cover some degree of water damage. The exact nature of this coverage will differ from policy to policy, but in general, covered losses include those caused by sudden and accidental incidents, such as burst pipes or leaking roofs. However, certain exclusions may apply. For instance, if water damage results from a roof leak that could have been prevented by standard maintenance, it likely won’t be covered.
Why Would a Water Damage Claim Be Denied or Underpaid?
One of the most common reasons insurance companies may try to deny a water damage claim is by citing neglect. They may argue that the reason the damage occurred or was more severe was because you failed to adequately maintain your property. For example, if the damage originated from a leaky roof, they may claim that the roof should have been replaced earlier to prevent the damage from taking place.
Another common way that insurers may try to deny or underpay your claim is by saying that the damage was never covered by your policy to begin with. However, it’s important to note that insurance policies are often intentionally vague or worded confusingly so that the insurance company has a better chance of denying the claim.
Finally, insurance companies operate just like any other business, and their primary goal is to save money. This means that in some situations, an insurer may try to use unethical tactics in order to rationalize a lower settlement or an outright denial. For instance, they might call you at inconvenient times and claim you were unresponsive. Or they may try to misrepresent your statements in order to suggest you took responsibility for the damage.
When Should You Contact a Florida Water Damage Lawyer?
Many property owners wait to contact an attorney until after their claim is denied or underpaid. However, if at any point in the claims process you feel that your insurer is stonewalling you or otherwise treating you unfairly, it’s a good idea to reach out to a water damage lawyer.
At Levin Litigation we’ve spent more than a decade advocating for property owners in a wide range of insurance disputes, including those involving water damage. We can work with you to interpret your specific policy terms as well as negotiate with the insurance company on your behalf to receive a fair settlement.
How Does a Florida Water Damage Claim Work?
A water damage claim typically starts by notifying your insurance company as soon as possible after the damage occurs. Once the claim is filed, an insurance representative will usually reach out to ask you a series of questions. At this stage, it’s important to give honest, straightforward answers but avoid speculating or making guesses that could later be used to challenge your claim.
After the initial phone call, the insurance company will likely send an adjuster to inspect the damage in person. That adjuster will report their findings back to the insurer, who will then decide whether to approve the claim and how much compensation to offer.
If your claim is denied or the settlement is much lower than expected, you have the right to appeal the decision.
How Long Does a Water Damage Insurance Claim Take?
One of the more frustrating tactics that insurance companies tend to employ is avoidance. By law, insurance companies must acknowledge your claim within 14 days and either approve or deny your claim within 90 days.
However, to avoid these regulations, some insurance companies may try to contact you at inconvenient times (such as calling you five minutes before the end of office hours) so that you won’t have enough time to respond. They may also wait until the last day of the 14-day period to acknowledge your claim or make you a settlement offer towards the end of the 90-day period so that you will only have a day or two to accept their offer. This is why it’s always a good idea to contact a lawyer if you feel that you are being dismissed or avoided, even if they still have time to make a decision.
Florida Water Damage Insurance Claims Tips
The water damage insurance claims process is often complex, and without preparation, the risk of a denied claim can be heightened. Below are a few ways that claimants can avoid potential issues:
- Stop the cause of the damage: As soon as you notice signs of water damage, take all possible steps to stop the damage from becoming worse.
- Document the damage: Once the damage has been stabilized, document it with photos or videos. Additionally, keep copies of any receipts and communications with repair and cleanup services.
- Review your insurance policy and report the damage: Understand what your policy covers before contacting your insurance provider, then report the damage as soon as possible to begin the claims process. Respond promptly to any communications from your insurer and follow up if you are getting no response.
- Contact a water damage lawyer: If at any point in the process you are feeling ignored or treated unfairly, contact a lawyer for help.
Was Your Water Damage Claim Denied or Underpaid? Our Water Damage Attorneys in Hollywood Can Help
As Floridians ourselves, we know more than anyone just how complex and frustrating water damage claims can be. But beyond this, many of our water damage lawyers also have experience working for insurance companies, and we’re familiar with the many unethical methods your adjuster may employ to save their company money. This is one of many reasons why Levin Litigation is dedicated to intervening when we feel that our clients are being treated unfairly.
Our experience in insurance also gives us an edge in reviewing your policy to determine the true amount you are rightfully owed and negotiating with your provider to ensure that you’re paid what you deserve. Whether you need help filing a claim, negotiating a settlement, or appealing an unfair denial, contact us for a free consultation to learn your legal options.