Imagine waking up to find your home severely damaged after a fire, or an unexpected water loss. You scramble to assess the loss, wondering how long you have to file an insurance claim and what steps you need to take. Unfortunately, many Florida homeowners and business owners find themselves in this exact situation—only to realize too late that they have missed the deadline to file their claim.
Navigating the world of property insurance can be overwhelming, but one of the most crucial aspects is understanding when you need to take action. Failing to file your claim within the designated timeframe can mean forfeiting your right to compensation. Let’s explore the filing deadlines for property damage claims in Florida and how to protect your rights.
What Are Florida’s Property Damage Claim Filing Deadlines?
Standard Filing Deadlines
Under Florida law, insurance claims must be filed within specific timeframes depending on the type of damage:
Homeowners Insurance Claims: You must report your loss to your insurer within one year from the date of damage. (Florida Statutes § 627.70132)
Supplemental Claims: If new damage is discovered or additional funds are required, you have 18 months from the date of loss to file a supplemental claim. (Florida Statutes § 627.70132)
Lawsuits for Denied or Underpaid Claims: If you and your insurance company cannot reach a fair settlement, you have four years from the date of loss to file a lawsuit. (Florida Statutes § 95.11(3))
How to Ensure Timely Filing of Your Claim
Step 1: Report the Damage Immediately
The sooner you report your loss, the better your chances of a smooth claims process. Insurers often scrutinize late-filed claims, sometimes denying them outright due to “delayed notice.”
Step 2: Document Everything
To strengthen your claim, take clear photos and videos of the damage, list damaged personal items with estimated values, and keep all receipts related to repairs.
Step 3: Review Your Policy
Insurance policies vary. Take time to review your coverage limits, exclusions, and deadlines to ensure you meet all requirements.
Step 4: Maintain Communication with Your Insurer
Keep detailed records of all conversations, emails, and letters exchanged with your insurance company.
Common Mistakes That Can Jeopardize Your Claim
Waiting Too Long to File: Procrastination can cost you your claim.
Discarding Damaged Property Prematurely: Always wait for an adjuster’s inspection.
Accepting a Low Settlement Too Quickly: Insurance companies often offer lower settlements initially.
Not Seeking Legal Help When Needed: If your claim is denied, underpaid, or delayed, consulting an attorney can help protect your rights.
When to Seek Legal Assistance
If your insurance company unfairly denies your claim, undervalues your damages, or delays the process, you do not have to navigate this battle alone. Legal experts can step in to ensure you receive the compensation you deserve.
Take Action Now
Understanding Florida’s claim filing deadlines can be the difference between securing a proper payout and walking away empty-handed. If you need help filing a claim, disputing a settlement, or taking legal action, contact Kyle Staggs, Esq. today for a consultation and ensure you meet all necessary deadlines.