While the heat is one of the biggest benefits for residents of Florida, it also brings with it its own challenges. Heat can greatly damage certain parts of a home and when it does, homeowners often wonder if their insurance covers this type of damage. Below, our Daytona Beach residential property damage lawyer explains the most common types of heat damage, and whether it is covered.

How Does Heat Damage a Home? 

The heat in Florida is notorious for causing damage to building materials and structures. All of the surfaces used in the construction of your home, from the concrete to the wood, all expand and contract with fluctuating temperatures. This continued movement can lead to visible warping, cracks, and weaknesses in the home’s structure. Some of the most common ways heat damages a home include:

• Attic and roof damage: Of all the different elements of a home that will bear the brunt of the sun’s heat, the roof is the most vulnerable to damage. High temperatures can cause shingles to crack and break, which can lead to leaks and decrease the efficiency of the insulation beneath.
• Deteriorating exterior finishes: You have taken great steps to make the outside of your home welcoming. The relentless UV rays, though, can cause paint, siding, and trim to fade, chip, and overall deteriorate.
• Foundation damage: The intense heat in Florida causes the soil to expand and contract, which can result in damage to your foundation. Uneven floors, visible cracks, and doors that stick are signs of foundation damage.
• Mold and moisture: One would think that with the high temperatures, mold and moisture would not be a problem. Not only does Florida experience high heat, but the humidity levels can also climb quite high, leading to mold and moisture issues.

Does Insurance Cover Heat Damage? 

Generally speaking, homeowners insurance does not usually cover heat damage. AS a homeowner, you have a duty to regularly inspect and maintain your home and fix any issues that may have arisen. For example, if heat damaged the shingles on your roof, you have a responsibility to correct that condition on your own.

Still, there are times when insurance may cover damage caused by heat. For example, if high wind or hail caused damage to your roof or window and that damage allowed heat to get in, you may have coverage for damage caused by heat and humidity, as well. Determining whether your policy will cover heat damage requires a full analysis of the cause of the damage, as well as your policy.

Our Residential Property Damage Lawyer in Daytona Beach Can Advise on Heat Damage 

If your home has been damaged by heat or humidity, you need legal advice to determine if you are eligible to receive coverage. At Bundza & Rodriguez, our Daytona Beach residential property damage lawyer can review your policy to determine what coverage you are eligible for and guide you through the process to help you get it. Call or text us now at 386-252-5170 or chat with us online to request a free consultation.

Source:

washingtonpost.com/weather/2023/08/11/florida-record-heat-climate-summer/

Flood Insurance 

Even with the amount of tropical storms and hurricanes Florida sees every year, flood damage is almost never included in a standard insurance policy. If you are in a flood zone and have a mortgage, you likely already have this additional insurance because it is required by most lenders. If you do not have a mortgage or do not live in a flood zone, you may be unprotected in case disaster strikes. It is always a good idea to purchase additional flood insurance if you do not already have it.

Coverage for Valuables 

If you have an artwork or jewelry collection that is very valuable, you may want to purchase additional insurance for it. Even if an item, such as a family heirloom, has very little market value, you should insure it if it is valuable to you. You may also want to insure collectables such as rare stamps or coins. In order to purchase this insurance, you will likely need to obtain an appraisal first.

Business Insurance for a Home Business 

If you operate a business from home, there are many different types of business insurance you may need. These may include business interruption, general liability, and workers’ compensation. Business insurance can also provide further protection if your business is negatively affected by floods, fires, or water. If you keep inventory for your business at home, you should also purchase additional coverage to cover the value of it, as well.

Watercraft 

If you have a boat or other type of watercraft, a standard homeowners insurance policy will likely not cover it. You need a watercraft insurance policy instead. These policies cover the vehicle, as well as liability insurance, and any damage caused by other people through the operation or use of the watercraft.

Mold 

On its own, it is very challenging for homeowners to get coverage for mold damage. The easiest way to obtain this coverage is if the damage is caused by a covered loss, such as a burst pipe. This coverage is often only available when additional insurance is purchased.

Our Residential Property Damage Lawyer in Daytona Beach Can Help You Obtain Full Coverage 

If your home has been damaged, you are likely relying on your insurance policy to provide the coverage you need. Unfortunately, that does not always happen. At Bundza & Rodriguez, our Daytona Beach residential property damage lawyer can review your policy, advise on if you are covered, and help you obtain the full settlement you deserve. Call or text us now at 386-252-5170 or chat with us online to schedule a free consultation.

Source:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.7011.html

Understand the Reason for Denial 

The first step to take after an insurance claim denial is to carefully read the letter the insurance company sent you. It is most recommended that you speak to a property damage lawyer who can review the letter and examine the reason for denial. Your claim may have been denied for improper or unfair reasons, and a lawyer can outline what options you have. If the insurer did not have valid reason to deny your claim, a lawyer can also help you fight the denial.

Collect All Relevant Evidence 

If, after reviewing your insurance policy, you determine that you should receive coverage, it is important to collect any evidence of the damage. This may include photos, videos, estimates of repairs, and any receipts you received for purchases you made to mitigate the damage. If you do not have this evidence, it can be very difficult to obtain the full coverage you deserve.

Contact Your Insurer Again 

After determining that you do deserve coverage, you should contact the insurance company again. You may have new evidence that proves your claim, or the adjuster who reviewed your case may have undervalued or miscalculated your losses. You are allowed to ask the insurance company to reevaluate your claim, but they are under no obligation to do so. It is typically best to let a property damage lawyer communicate with the insurer on your behalf.

Submit a Complaint 

You may be able to file a complaint with the Florida Department of Financial Services. A lawyer can also advise on whether this is a suitable option in your case. If so, you can file a complaint online. When filing a complaint, you will need the following information:

• Home insurance policy number
• Full name of your insurance company
• Claim number
• A paragraph explaining why the complaint is being filed

The explanation you provide will become public record. As such, it is important to be polite and concise. You can also include a copy of your denial letter or other evidence with your submission.

Our Residential Property Damage Lawyer in Daytona Beach Can Fight Your Denial 

If your insurance coverage has been denied, you may be able to fight back against it. At Bundza & Rodriguez, our Daytona Beach residential property damage lawyer can help you do it so you obtain the full and fair coverage you deserve. Call or text us now at 386-252-5170 or chat with us online to book a free consultation.

Source:

apps.fldfs.com/ESERVICE/Default.aspx

Regardless of how your property was damaged, you need coverage from your insurance company to repair or replace it. You may wonder if you should hire a public adjuster or a Daytona Beach property damage lawyer to obtain the coverage you need. Below are some factors to consider when making this decision.

What is a Public Adjuster? 

A public adjuster is someone who negotiates with the insurance company for the coverage you need. The insurance company will have an adjuster working for them and they will also estimate the damage. While you should have someone working to protect your best interests, public adjusters are not usually the best choice.

Public adjusters are not lawyers and so, they cannot file a lawsuit or represent you in court. These both act as leverage when negotiating with the insurance company. A public adjuster can only negotiate with the insurance company and if they cannot obtain the full coverage you need, you will then need to speak to a property damage lawyer.

Why Hire a Daytona Beach Property Damage Lawyer? 

One of the biggest benefits of hiring a Daytona Beach property damage lawyer is that they can work on the claim from the very beginning. They will have knowledge of your insurance policy and can force your insurer to pay full coverage by using leverage, such as entering litigation. Of course, a lawyer will also know the law and tend to the different legal matters that must be dealt with, and that public adjusters are not licensed to complete.

A lawyer will also review current and previous property inspections, audits, and other claims or documentation pertaining to your property that can help resolve your claim. Dealing with the insurance company can be a long and complicated process. A lawyer can simplify the process for you and remove much of the stress of the process. If your insurance company denies your claim, a lawyer will also know how to move forward to obtain the coverage you need to repair your property.

Call Our Residential Property Damage Lawyer in Daytona Beach Today 

After your property has been damaged, you have many legal options for recovering the insurance coverage you need. Among all of these, it is always most recommended that you speak to a Daytona Beach residential property damage lawyer. At Bundza & Rodriguez, our seasoned attorneys know how to negotiate with insurers and hold them accountable for upholding your rights and protecting your property. Call or text us now at 386-252-5170 or chat with us online to request a free review of your case and to learn more about how our experienced attorneys can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html

You Did Not File the Claim On Time 

Under Chapter 95 of the Florida Statutes, you must file your property damage claim within four years of the time the damage occurred. This statute of limitations applies to most types of property damage, including damage from vandalism and theft. Four years may sound like a long time, but the insurance company will need to conduct an investigation, and there are many steps you must take before filing your claim. If you do not file your claim on time, you will be barred from receiving any coverage at all.

Additionally, most insurance policies require you to inform your insurer right away of any damage, even if you do not file your claim at that time. If you do not do this your insurer may not only deny your claim, but cancel your policy, as well.

You Have Not Paid Monthly Premiums 

The insurance premium is the amount you pay to the insurance company every month. If you have not made these payments, the insurer will deny your claim. For this reason, it is critical that you pay your insurance premiums every month so coverage is available when you need it.

Improperly Documented Damages 

You must provide proper documentation to the insurance company to show the total amount of damage that occurred. This evidence will largely consist of photos and video footage of the damage, and quotes for repairing or replacing the damage. After any damage occurs, always collect sufficient evidence and speak to a lawyer about what types to collect.

The Damage Does Not Exceed the Deductible 

The deductible is the amount you must pay before the insurer provides any coverage at all. Many homeowners choose a higher deductible, because it lowers the amount of the monthly premiums they have to pay. If the damage does not exceed the deductible, you will have to pay for any repairs.

Policy Restrictions 

It is critical that you read through your insurance policy and understand what you are covered for. The insurance company may claim that you are not covered for the damage, regardless of whether that is true or not. In some cases, your policy may have actual restrictions that prohibit you from obtaining full coverage.

Our Residential Property Damage Lawyer in Daytona Beach Can Help After a Denial 

If your insurance company has denied your property damage claim, it is critical that you obtain sound legal advice. At Bundza & Rodriguez, our Daytona Beach residential property damage lawyer can review your policy and the reason for denial to determine if you are eligible for coverage and help you recover the fair amount you deserve. Call or text us now at 386-252-5170 or chat with us online to request a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/0095.html

Many insurers delay the process of providing coverage policyholders deserve. Sometimes, they hope that you will just give up on the process altogether. However, under the law, insurers are required to respond to and pay claims in a timely fashion. Below, our Daytona Beach residential property damage lawyer explains further.

The Legal Timeline for Handling Insurance Claims 

Under Florida law, insurance companies must acknowledge a property damage claim within 14 days of receiving it. Within 15 days, the insurance company must conduct an investigation of the claim. If the insurer needs more time to complete the investigation, they can ask for an extension of no more than 90 days. While the law is quite clear and seems straightforward, like most legal issues, there are exceptions to the rules.

Factors that Delay Insurance Claims 

There are many factors that can delay an insurance claim beyond the legal timeline. Of these, there are two that are most common.

Property damage claims are often delayed when a case involves certain complications. For example, if your property was severely damaged by a hurricane, the insurer may need more time to properly evaluate the damage and determine the cost to repair the damage. Due to the fact that many homeowners in the same area suffer damage during these events, it could take an insurer even longer to process a claim.

Improper or incomplete documentation is another common reason property damage claims are delayed. To ensure a lack of documentation does not delay your claim, you should keep all documents of the damage in a safe place. Documentation can include repair estimates, photographs, and receipts for any temporary repairs you may have made. If your insurer does not have this information, it could cause a significant delay in your claim.

Know Your Rights 

It is critical that you know your rights any time you file a property damage claim. In addition to the timelines set out in the law, you also have the right to free mediation services by the Florida Department of Financial Services, although it is subject to some restrictions. If your property was damaged by a sinkhole, you also have the right to a free neutral claim examination. Lastly, after you have sent a written request to the insurer, you have the right to a proof-of-loss statement as well as updates on the status of your claim.

Our Residential Property Damage Lawyers in Daytona Beach Can Uphold Your Rights 

When filing a property damage insurance claim, you have many rights. At Bundza & Rodriguez, our Daytona Beach residential property damage lawyers will make sure they are upheld so you obtain the full and fair coverage you deserve. Call or text us now at 386-252-5170 or chat with us online to book a free consultation.

Sources:

myfloridacfo.com/docs-sf/insurance-consumer-advocate-libraries/ica-documents/homeowner-claims-bill-of-rights-guide.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.70131.html

Factors to Consider when Finding a Daytona Beach Property Damage Lawyer 

There are many factors you should consider when finding a Daytona Beach property damage lawyer. They are as follows:

• Experience: One of the most important factors to consider is the level of experience any lawyer will bring to your case. Not only should the attorney have experience practicing law, but they should also have a long history of handling property damage claims just like yours.
• Credentials: Of course, you have to make sure that any lawyer you consider hiring for your case is licensed to practice in the state of Florida. You should also look for online reviews of any lawyer you meet with to ensure past clients have had a good experience with them.
• Fee structures: Different lawyers have different fee structures, and there is nothing wrong with that. Still, it is important that you know the fee structure of any lawyer you meet with so there will not be any unexpected surprises.
• Comfort level: You should feel comfortable with any lawyer who handles your case. A lawyer should respond to your questions and be willing to work closely with you to obtain the best possible outcome in your case.

How to Work Effectively with Your Property Damage Lawyer 

After you have chosen the right property damage lawyer for your case, you will need to work closely with them throughout your case. The best ways to ensure you work effectively with them include:

• Remain honest with your attorney at all times. In order to represent you effectively, your lawyer needs to know all the facts of your claim.
• Stay patient. After you have found the right property damage lawyer, they will work very hard for you. However, attorneys are also very busy and it is important to remember that your lawyer will get back to you as soon as it is possible for them.
• Listen carefully to your lawyer’s advice. They are working in your best interests and your attorney knows what they are doing. If there is something you do not understand, do not be afraid to ask for clarification.

Call Our Property Damage Lawyers in Daytona Beach for a Free Case Review Today 

Even if your property has not been damaged, now is the time to find the right legal representation for you. At Bundza & Rodriguez, our Daytona Beach property damage lawyers can help you understand the type of coverage you have, and whether you are fully protected. In the event that you need to file a claim, we can also advise you of your rights and make sure they are upheld. Call or text us now at 386-252-5170 or chat with us online to book a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html

The Mitigation Defense 

When you file a property damage claim, you have a duty to mitigate, or prevent, further damage. This could include placing tarps over the damage to prevent further water damage, or covering windows that became broken during a storm. If you post pictures or video footage before you take these measures, the insurance company may use them as evidence that you did not take the appropriate steps to mitigate the damage. They may then use this to deny your claim.

Proving Pre-Existing Damage 

Even if you do not post new photos of the damage to your home, the insurance company may still comb through your past pictures to prove the damage was pre-existing and that it was not caused by the storm. Even when there is no previous damage, the insurer will look for details that could help them defend a claim. For this reason, it is sometimes best to deactivate your accounts so the insurance company cannot find things to use against you.

Negligence 

The insurance company is only required to provide coverage for natural events and accidents. If your property was damaged due to your own negligence, the insurance company is not legally obligated to cover it. For example, if a water pipe burst and you did nothing to stop the leak and prevent mold, that is negligence. If your social media accounts show damage due to negligence, it could really hurt your property damage claim.

Inadequate Repairs 

Some homeowners try to save money when maintaining their home by taking shortcuts. They may even try to repair a condition themselves without using the proper techniques or tools. The insurance company can also use these shoddy repairs to deny your claim if they find pictures of them on social media.

Statements Made Online 

You may make certain statements online that the insurance company will use against you. For example, you may assure a family member that everyone is okay. The insurance adjuster may take these words out of context to show that you do not need coverage because as you said in your own words, everything is okay. Refrain from making any statements or posting anything so they do not have anything to use against you.

Our Residential and Commercial Property Damage Lawyer in Daytona Beach Can Advise On All Aspects of Your Claim 

There are many things to consider when filing a property damage claim. At Bundza & Rodriguez, our Daytona Beach residential and commercial property damage lawyer can advise you of all the legal aspects so you obtain the full and fair coverage you deserve. Call or text us now at 386-252-5170 or chat with us online to book a free review of your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html

What is Additional Living Expenses Insurance? 

Additional living expenses insurance is available in the event that you can no longer live in your home. This could be due to a fire, storm, or other natural disaster. Some expenses that could be covered by ALE insurance include:

• Storage fees
• Temporary rent
• Pet boarding
• Mileage
• Laundry

The losses that ALE will cover depend on the specific terms of your policy. Generally speaking, the losses must be directly related to the fact that you were displaced. ALE coverage can drastically vary from one policy to another, so it is important to fully consider what you may need, and what coverage your policy currently entails.

How to Maximize Additional Living Expenses 

If you have additional living expenses coverage, you need to maximize it in the event that you have to use it. To start the process of obtaining coverage, you should contact your insurance company and let them know that you intend to initiate a claim. Your policy should include information about how to start the process. Still, there are some tips for maximizing ALE coverage. These are as follows:

• Keep detailed notes: You want to be reimbursed for as many out-of-pocket expenses you incurred as a result of your displacement. To do this, you must keep detailed notes and receipts about everything you have paid for. Also take detailed notes of when you spoke with your insurer, what was said, and the name of the person you spoke to. Documentation is critical in any insurance claim.
• Find living arrangements that are similar: Any temporary housing you need while your home is being repaired should be similar to your permanent residence. For example, if you live in a two-bedroom house, find a two-bedroom house to be your temporary housing. ALE coverage will not pay for a home that is much nicer or larger than the one from which you were displaced.
• Only incur necessary costs: ALE insurance will not provide coverage for luxury or large expenses. Pay for only what you need to ensure you will receive the coverage you need.

Call a Residential Property Damage Lawyer in Daytona Beach 

Even if you have ALE coverage in your current policy, the insurance company may fight back against your claim. At Bundza & Rodriguez, our Daytona Beach residential property damage lawyer will talk to the insurer on your behalf so you obtain the full and fair coverage you deserve. Call or text us now at 386-252-5170 or chat with us online to book a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html

So, how do you negotiate a fair settlement and know that it will provide the full coverage you need? Our residential commercial property damage lawyer in Daytona Beach provides some tips below.

What is a Settlement in a Property Damage Claim? 

A settlement in a property damage claim occurs when a home or business owner agrees to accept a certain amount of money from the insurance company to repair the property damage. It is critical to note that a settlement does not mean that you are accepting less than what you deserve. It only means you have reached an agreement with the insurer about the amount of coverage you need.

Insurance adjusters are required to investigate any occurrence of property damage before a specific deadline after any destruction or damage. This is typically the first contact you will have with the insurance company. At this time, the adjuster may offer a settlement. Before you accept it, you must carefully evaluate it to determine if it will fully cover the cost of the damage.

How to Negotiate a Settlement in a Property Damage Claim 

If the insurance company offers a settlement in your property damage claim and you believe it is not enough to provide the full coverage you deserve, there are steps you can follow to challenge it. These include:

• Consider a partial settlement: A partial settlement means you can resolve the components of your claim that are fairly straightforward. You can then continue negotiating on the issues that are more complex.
• Clearly state that you are unhappy with the offer: Insurance companies are known for taking the words of policyholders out of context and using them against them so they will accept an unfair settlement. To combat this, you must clearly state that you are unhappy with the offer and that you think it is unfair.
• Speak to a lawyer: A property damage claims lawyer can review your claim and determine the amount of coverage you deserve. This is particularly important if there is evidence of damage you did not previously include in your claim.
• Get an independent appraisal: Contacting an independent appraiser and obtaining a quote is one of the best ways to prove the insurer is not offering a fair settlement.

Our Residential and Commercial Property Damage Lawyer in Daytona Beach Can Negotiate Your Claim 

You should always work with a Daytona Beach residential and commercial property damage lawyer who can negotiate with the insurance company on your behalf. At Bundza & Rodriguez, our seasoned attorneys can communicate with the insurer on your behalf so you obtain the full and fair coverage you are entitled to. Call or text us now at 386-252-5170 or chat with us online to request a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html