Your Duties After a Loss and How to Protect Your Claim

Owning property in Florida comes with many responsibilities, but few are as critical as knowing what to do after your home, condominium, or investment property suffers damage. In the aftermath of a storm, fire, or other disaster, you might be overwhelmed—but how you handle the situation in those first crucial moments can determine whether your insurance claim is paid promptly or gets stuck in endless disputes.

Imagine this: A hurricane sweeps through your neighborhood, leaving broken windows, a leaking roof, and debris scattered across your yard. The initial shock fades, and now it’s time to act. You reach for your phone to call your insurer—but do you know exactly what to do next? Many property owners assume that filing a claim is as simple as making that call, but Florida law and insurance policies set specific post-loss duties that must be followed to ensure your claim is processed efficiently.

The First Steps: What to Do Immediately After a Loss

The moment the damage occurs, your first priority is safety. If the damage is severe, such as structural collapse or a fire, ensure everyone in your home is safe and seek emergency assistance if needed. Local authorities, such as the fire department or police, can document the incident, providing essential reports that may support your claim.

Once it’s safe, take immediate action to prevent further damage. If a broken window exposes your home to the elements, board it up. If the roof is leaking, cover it with a tarp. Florida law and most insurance policies require homeowners to mitigate additional damage, meaning you must take reasonable steps to keep the situation from worsening. Keep all receipts from temporary repairs—your insurer may reimburse you for these expenses.

Reporting the Claim: Timing Is Everything

Under Florida law, most property damage claims must be reported to the insurance company within one year from the date of loss (Florida Statutes § 627.70132). While that may sound like plenty of time, waiting too long can raise red flags. Insurers expect "prompt notice" of a loss, and any delay can be used as a reason to deny or underpay your claim.

To properly notify your insurer:

• Call your insurance agent or claims department as soon as possible.

• Follow up with an email or written letter summarizing the date of the loss, the type of damage, and your request for an inspection.

• Keep records of every communication, including the names of representatives you speak with and the dates of each conversation.

Gathering Evidence: The Key to a Strong Claim

Imagine an insurance adjuster arriving weeks after the incident, only to find that damaged materials have already been discarded. Without clear documentation, your claim could be weakened. That’s why one of the most important steps is creating a thorough record of the damage.

Take high-quality photos and videos of all affected areas—walls, ceilings, flooring, furniture, and any damaged personal belongings. If possible, find old photos of your home before the damage to show the difference. Keep an inventory of damaged items, including:

• A brief description (brand, model, serial number if applicable)

• Purchase date and estimated cost

• Replacement value

Your insurer may also require a formal proof of loss, a sworn statement detailing the damage and the amount being claimed. If this document is requested, ensure it is completed accurately and submitted within the required timeline.

Working With the Insurance Adjuster

After filing your claim, an adjuster will inspect the damage. It’s crucial to be prepared for this visit. Be present during the inspection, point out all damage, and provide your documentation. If repairs have already been made, show receipts and before-and-after photos.

Your insurer may also request additional documents such as repair estimates, receipts, or even an examination under oath (EUO). While this can feel intrusive, cooperating with reasonable requests is part of fulfilling your post-loss obligations. However, if an insurer’s requests seem excessive or designed to delay your claim, it may be time to seek legal advice.

Understanding Your Policy Timelines

Florida law sets deadlines that insurers must follow when handling claims:

• Acknowledgment: The insurer must confirm receipt of your claim within 7 days (Florida Statutes § 627.70131(1)(a)).

• Investigation: Insurers typically have 60 days to approve or deny a claim unless a valid reason for delay exists.

• Proof of Loss Review: Once you submit a proof of loss, the insurer has 30 days to confirm coverage or request further information.

Missing deadlines—either on your end or the insurer’s—can significantly impact your claim. If an insurer delays without justification, they may be acting in bad faith.

Common Pitfalls Regarding Duties After a Loss and How to Avoid Them

Many claims get delayed or denied because of simple missteps. Here’s how to avoid common pitfalls:

• Late Notice: Always report your claim as soon as possible. Delays can be used against you.

• Missing Proof-of-Loss Deadlines: If your insurer requires a sworn proof of loss, submit it on time.

• Poor Documentation: Lack of photos, videos, and receipts makes it easier for the insurer to dispute your claim.

• Failure to Mitigate Damage: Not taking reasonable steps to prevent additional damage can lead to partial or full denial.

• Lack of Cooperation: Respond to your insurer’s requests promptly and document all interactions.

• Misrepresentation: Always be honest. Exaggerating damage or providing false information can void your entire claim.

Final Thoughts: Protecting Your Right to Compensation

Filing a property damage claim in Florida can feel overwhelming, but knowing your rights and obligations makes all the difference. The key takeaways are:

• Act quickly to notify your insurer and document damage.

• Take steps to prevent additional harm to your property.

• Stay organized and keep records of all communications.

• Cooperate with reasonable insurer requests while knowing your rights.

• Track claim deadlines and hold your insurer accountable for timely processing.

If you encounter issues such as claim denials or unreasonable delays, I can help. As an attorney specializing in Florida property insurance claims, I assist homeowners and property owners recover what you deserve, when it matters most.

With the right knowledge and support, you can ensure your claim is properly handled and that you receive the compensation you deserve under your policy.