Lawyer for Flood Damage in Florida
There is a lot to love about living in the Sunshine State. It provides easy access to beaches, short, mild winters, and great weather for most of the year. However, Florida is also vulnerable to flooding due to heavy rains and hurricanes. The relatively flat terrain of the state doesn’t help matters.
If you experience flood damage in Miami, you can just contact your insurance agent and file a claim, right? Possibly. However, it’s important to understand what your policy does and doesn’t cover.
Given Florida’s flood-prone nature, securing flood insurance is essential. You may also be shocked to learn that basic homeowner’s insurance policies don’t cover most flood damage. That means you’ll need a separate flood insurance policy to protect yourself against various types of water intrusion and the catastrophic damage it can cause.
The National Flood Insurance Program (NFIP) offers such policies. If you live in one of the thousands of communities that participate in the NFIP, you’ll be able to obtain coverage against floods.
However, filing flood insurance claims can still be complex and challenging. You may encounter exclusions or get held up by insurance companies’ extensive documentation and evidence requirements.
The good news is that you can fight back against insurance companies, and a flood damage lawyer can help. Below, you’ll learn how to dispute a flood insurance claim and how a Florida flood claims lawyer can help enforce your rights if your insurer refuses to negotiate in good faith.
What Is Flood Insurance?
Flood insurance is a separate policy designed to cover damage specifically caused by flooding. It can cover your home or other buildings. You can also obtain a policy that protects your personal property from floods.
As a homeowner, it’s important to familiarize yourself with the process of obtaining flood insurance. You should see if you are eligible for coverage under the NFIP so that you can maximize your insurance payout.
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What Types of Water Damage Does Flood Insurance Cover?
There’s no such thing as a one-size-fits-all flood claim insurance policy. An insurance agent will work to tailor your policy based on your specific concerns and the size/style of your home. For example, if you own a beachfront property, you may need a more comprehensive flood insurance policy.
When building your policy, carefully consider the types of protection you may need. With the right policy, you may be able to file flood damage insurance claims for the following:
- Floodwaters From Natural Disasters: Covers damage from storms or heavy rain
- Mudflows: Includes mudslides or the movement/intrusion of liquid mud movement caused by flooding
- Surface Water Accumulation: Protects your home or business against pooling water from rain
- Foundation Damage: Covers repair or replacement of your building’s foundation
- Structural Elements: Includes walls, floors, ceilings, and other building components
- Essential Systems: Protects your home’s critical systems, including plumbing, electrical, and HVAC
- Personal Belongings: Offers limited coverage for furniture and other personal property within your home
- Detached Structures: May include sheds, garages, or other separate buildings on your property
- Basements: Covers major systems within your basement
- Cleanup Costs: Includes expenses for debris removal and sanitization after flooding
Even if a type of damage is “covered” in your policy, your insurance company may submit a lowball settlement offer or even deny your claim. The good news is that you can seek flood insurance denial help in Florida by connecting with an experienced flood damage claim lawyer.
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Why Determining the Water Damage Source Is Important When Reviewing an Insurance Policy
When filing a flood insurance claim in Florida, you will usually be asked to identify the source of the water damage. Your insurer wants to know what caused the water damage so it can determine whether the incident is covered in your policy.
For example, if your policy covers water damage caused by a busted pipe and you are attempting to file water damage claims, you would need to submit evidence that a broken pipe caused the problem.
Additionally, your insurer will evaluate the type of damage to determine your policy limits for that water source. The insurer could deny the claim if the damage was caused by poor maintenance or gradual, undetected water leakage that occurred over a prolonged period.
A water damage insurance claim lawyer in Florida can help you identify what documentation is needed to prove the source of water damage. They can also assist with Florida flood insurance coverage disputes and fight to get you paid in accordance with your policy.
Preparing for a Flood Insurance Claim
When preparing for a flood insurance claim, you’ll need to perform the following steps:
Documenting Your Losses
You’ll need to provide serial numbers, receipts, and other key information about the items you are claiming for flood damage. Take photographs or video of all damaged areas and any personal property that was impacted. You may also need to obtain a repair estimate to document what your costs will be to remedy the damage.
If you have to stay somewhere else due to damage to your home or make immediate repairs while awaiting the insurance company’s decision, save all of your receipts. You may be able to submit them to recover your money from the insurance company during the settlement process.
Understanding Your Policy and Coverage
As a homeowner or business owner, you should have a strong understanding of your insurance policy and what it covers. Don’t hesitate to call your insurance agent and ask questions about what your insurance policy covers and what it doesn’t. Insurance agents are there to help you understand your policy and its limitations.
You should also review your policy on your own. Pay close attention to the exclusions page and coverage limits for various incidents that may cause water damage, such as natural disasters.
Working With Your Insurance Company
After you’ve documented your losses, it’s time to contact the insurance company. Immediately notify your insurance agent or carrier about the flood damage to initiate the claims process.
Be careful what you say and what terminology you use to describe the issue. For example, if a busted pipe caused the water damage, say that. Don’t use vague terms like “flooding.”
Once you get the process started, an adjuster will be assigned to your case. They will assess the damage to determine repair costs. Provide them with detailed information and documentation to support your claim. While the adjuster plays a key role in determining how much money you receive, their estimate is not set in stone.
You can negotiate with your insurer for a higher settlement amount. An experienced Florida flood claims lawyer can help with this process. A good Florida flood damage insurance attorney will negotiate on your behalf and hold the insurer accountable for living up to the terms of your policy.
Filing a Flood Insurance Claim
Initiating the flood insurance process can feel daunting. Here are the steps you’ll need to navigate:
- Contact your insurance agent or company to report your flood loss
- If the damage was caused by a natural disaster, you can apply for FEMA disaster assistance to obtain additional resources
- Keep detailed records of all damages caused by the flood or water intrusion, including photographs, receipts, and invoices
- Submit your claim and obtain a claim number so you can track the progress of the matter
Most importantly, you need to regularly communicate with your insurance company. If you feel like they aren’t being transparent or are delaying the process, contact a bad-faith flood insurance lawyer in Florida.
What to Do if Your Insurance Company Denies Your Claim
Don’t be surprised if your insurer denies your claim. They can deny your claim for any number of reasons, including missing documentation or loopholes in your policy. You have a right to appeal their decision. Notify them of your decision to appeal right away, and then contact a flood insurance claim lawyer for help.
A Florida flood claims lawyer will evaluate your options and identify the best course of action to protect your rights. Provide your attorney with as much supporting documentation as possible during the consultation so that they can provide accurate advice.
Seeking Help From Florida Flood Damage Attorneys
A knowledgeable flood insurance claims lawyer in Florida can provide invaluable assistance as you deal with your insurer. They may also recommend that you hire a public adjuster to help with the claims process. The public adjuster is independent of your insurance company and can provide an objective assessment of the damage to your home.
You can also work with an independent insurance agent to advocate for your interests. They can review your policy and provide insights into whether the insurer is negotiating with you in good faith.
If you have coverage through the flood insurance program NFIP offers, you’ll need a National Flood Insurance Program attorney in Florida. The legal team at Kennon Law has experience with NFIP-related cases and can help you determine your next steps. Our team can also assist with non-NFIP insurance claims.
The bottom line is that you have help and shouldn’t hesitate to ask for assistance when you need it. Contact Kennon Law to schedule a consultation with one of our Florida flood claims lawyers.
FAQs
Does Homeowners Insurance Cover Damage From Flood?
Not usually, no. You’ll need a separate flood insurance policy to protect against flood-related losses.
Is Water Damage and Flood Insurance the Same?
No, water damage covered by your homeowner’s insurance policy usually pertains to problems like busted pipes. Flood insurance covers damage caused by external flooding events such as heavy rains or hurricanes.
That’s why your insurer will need proof of the cause and source of the water intrusion. They will use that information to determine whether your claim is covered or not and identify which policy limits apply.
How Long Does an Insurance Company Have to Settle a Flood Claim in Florida?
FEMA reports that insurance companies typically take four to eight weeks to finalize and pay out flood claims. However, if your insurance company requests additional information, your experience will vary. Make sure you return any additional supporting documentation as quickly as possible so you can settle your claim more efficiently.
Is It Hard to Get Flood Insurance in Florida?
If you live in a participating NFIP community, flood insurance is readily available to you. Most areas of Florida are part of NFIP. You can also explore private market options and identify the policy that best suits your needs. However, just because flood insurance is available does not mean that it will be cheap. Your policy may include high premiums, especially if you live in a high-risk area.
How Long Do You Have to File a Flood Claim in Florida?
You need to file your claim as soon as possible. NFIP policyholders are required to submit proof of loss within 60 days of the flood loss. Make sure you familiarize yourself with and stick to the deadlines set forth by your insurer.
What Is the Most Flood Insurance You Can Get?
The NFIP offers up to $250,000 of coverage for your home and up to $100,000 of protection for its contents. If you need additional coverage, you will need to obtain quotes from private insurers.
What Is the Statute of Limitations on Flooding in Florida?
Generally, you’ll have up to five years to file a lawsuit related to flood damage. However, you should consult with an attorney as soon as possible. The longer you wait, the harder it will be to track down key evidence and build a strong case on your behalf.
Can a Lawyer Help if My Flood Claim Is Denied or Underpaid?
Yes, a flood claims lawyer can help you file an appeal or negotiate a higher settlement. They will fight the insurance company on your behalf and work to obtain the compensation you’re entitled to.
What Are the Costs of Hiring a Flood Claims Lawyer?
Many flood claims lawyers work on a contingency basis. This means you don’t pay anything up front and will only owe your lawyer a fee if they recover compensation in your case. If they win, the attorney will charge a percentage of the settlement amount.
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