Storm Damage | Bundza & Rodriguez, P.A. https://www.daytonalawyers.com Thu, 06 Jul 2023 15:14:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 How Long Can My Homeowners Storm Insurance Claim Stay Open? https://www.daytonalawyers.com/how-long-can-my-homeowners-storm-insurance-claim-stay-open/ Fri, 07 Jul 2023 10:03:47 +0000 https://www.daytonalawyers.com/?p=9229 Read More »]]> If your property has been damaged in a storm, you have two years to file a claim with the insurance company to receive coverage for it. You likely want to file before that timeframe expires, so you can repair your property as soon as possible. Regardless of when you file your claim, the process should move fairly quickly afterwards. In Florida, insurance companies only have a limited amount of time to settle and provide you with the coverage you are entitled to.

Timelines for Insurance Companies 

Florida law outlines very specific timelines insurance companies must follow when a homeowner files a claim. These are as follows:

  • Acknowledgement of the claim: Insurance providers have just 14 days after you file a claim to acknowledge it. This does not mean the insurer must provide you with a final answer at this time. They must only acknowledge the fact that they have received the claim and are investigating.
  • Proof of loss forms: After the insurance company has acknowledged receipt of your claim, they must provide you with instructions to submit the proof of loss forms, as well as affidavits signed that detail the scope of damage to the property.
  • Final response: Insurance companies only have a certain amount of time to approve or deny your claim. They must reply to you with a final decision within 90 days of receiving the documentation from you. The response from the insurer should also include full payment. If any part of the claim was denied, the provider must include details about the reason for denial.

What to Do if You Do Not Receive a Response 

Unfortunately, insurance companies sometimes try to take advantage of policyholders by creating unnecessary delays. In some instances, insurers even do this so policyholders will become frustrated by the process and perhaps even stop pursuing their claim. This is known as acting in bad faith and it is a very serious matter.

If you have not worked with a Daytona Beach storm damage lawyer from the very beginning of your case, it is critical to contact one if the insurance company is acting in bad faith. It is particularly important to speak to an attorney if the insurance company has not replied with a final response within 90 days of you filing the claim. A lawyer can advise you of the coverage you deserve, communicate with the insurer on your behalf, and help ensure you receive the full and fair payment you need.

Our Storm Damage Lawyer in Daytona Beach Holds Insurance Providers Accountable 

If your home has sustained property damage, you are already very stressed and should not have to work with a dishonest insurance company, as well. At Bundza & Rodriguez, our Daytona Beach storm damage lawyer has the necessary experience to hold insurers accountable and will use that experience to help you obtain the maximum coverage you rely on. Call us now at 386-252-5170 or contact us online to book a free consultation and to learn more.

Sources:

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

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html

]]> What Happens If Your Property Is A “Total Loss”? https://www.daytonalawyers.com/what-happens-if-your-property-is-a-total-loss/ Wed, 03 May 2023 09:40:30 +0000 https://www.daytonalawyers.com/?p=9050 Read More »]]> Florida homeowners know that a variety of different types of storms hit the state every year. Tornadoes, hurricanes, and tropical storms are just a few of these and they can cause devastating damage to a property. At times, storms can be so severe that a property is deemed a “total loss”. So, what does this mean and what can you do if your property is classified as a total loss? Below, our Daytona Beach storm damage lawyer explains further.

Understanding what Constitutes a Total Loss 

Properties are deemed to be a total loss more often than many homeowners would like to believe. When this occurs, it means it is not financially practical to repair the property because the cost would be far greater than simply rebuilding a new property. Insurance companies will typically classify a property as a total loss if the cost to repair it is greater than what the home is currently worth. In these instances, the insurer should pay out the full coverage available in your policy so you can rebuild the property.

The Process Appraisers Use to Determine Total Loss 

To determine if your property is considered a total loss, the insurance company will send an appraiser to physically view the property. While making observations, the appraiser will look for two key considerations to determine if it is worth repairing the property rather than rebuilding. These are as follows:

  • The identity test: The appraiser will determine if the property still resembles a home. If the property can still be identified as a dwelling, it may not be a total loss. However, if the appraiser determines that the property is no longer identifiable as a dwelling, it is considered a total loss.
  • The constructive total loss test: The appraiser will also determine if the property currently meets the state and local property, safety, and health codes. If the property does not meet certain codes, it may be considered a total loss, particularly if it is no longer recognizable as a dwelling. If the property damage is not enough to place it in violation of certain codes, it may not be a total loss.

Will the Insurance Company Pay Out for a Total Loss? 

If the insurance company has determined that your property is a total loss, they are required by law to pay you the full amount of coverage provided by your policy. However, it is important to note that in order for this requirement to apply, your policy must cover the total loss.

For example, most insurance policies do not cover flooding. You must purchase additional or separate insurance for this type of damage. As such, if your policy does not provide coverage for the specific type of damage, the insurer is not responsible for paying out for the total loss.

Contact Our Storm Damage Lawyer in Daytona Beach if Your Property is Deemed a Total Loss 

At Bundza & Rodriguez, our Daytona Beach storm damage lawyer can help you hold your insurer accountable if they are refusing to pay out for a total loss. Call or text us today at 386-252-5170 or chat with us online to schedule a free consultation with one of our attorneys and to learn more about your legal options.

Source:

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

]]> Obligations Of Homeowners And Insurance Companies During The Storm Damage Claim Process https://www.daytonalawyers.com/obligations-of-homeowners-and-insurance-companies-during-the-storm-damage-claim-process/ Tue, 02 May 2023 13:39:03 +0000 https://www.daytonalawyers.com/?p=9052 Read More »]]> All homeowners in Florida should have an insurance policy that protects their property from the myriad of storms that often hit the state. An insurance policy is the only way to make sure you do not pay out of your own pocket for the damage caused to the structure of your home and personal belongings. When filing a claim with the insurance policy, both insurers and homeowners have certain obligations under the law. Below, our Daytona Beach storm damage lawyer explains what these are so you can better understand when your insurance companies has not fulfilled theirs.

What are a Homeowner’s Obligations when Filing a Storm Damage Claim? 

The property damage claims process starts when you contact your insurance company and notify them of the storm and resulting damage. After contacting them, the insurer should inform you of what to do next. Still, you should also be aware of the standard obligations you must comply with so the insurer has no reason to deny your claim. These obligations are as follows:

  • Notify the insurer as soon as possible about the storm and losses you sustained.
  • Make reasonable repairs, even if they are only temporary, to protect the property from further damage.
  • Retain accurate records of expenses and repair costs related to the damage.
  • Create an inventory of all damaged property and personal belongings.
  • Take photos of the property damage.
  • Provide an examination under oath, if requested, and provide sworn proof of loss within 60 days.

If you do not comply with the above obligations, you may not receive the coverage you need to repair your property. For example, if you do not take pictures, the insurer is not going to simply take your word that the damage occurred. Likewise, if you do not try to protect your property from further damage, the insurer will use this against you to deny or reduce your claim.

What are the Insurer’s Obligations when Filing a Storm Damage Claim? 

Unfortunately, insurance providers in Florida have far fewer obligations than homeowners. Under state law, insurance companies only really have two obligations and they are as follows:

  • Respond to any communication you send them within 14 days, and
  • Approve or deny your claim within 90 days of being notified of the claim, unless there are extenuating factors beyond the insurer’s control.

If you have not heard back from the insurance company, it is important to speak to a Daytona Beach storm damage lawyer who can advise on whether they are acting in bad faith, and explain what to do next when that is the case.

Our Storm Damage Lawyer in Daytona Beach Can Hold Your Insurer Accountable 

At Bundza & Rodriguez, our Daytona Beach storm damage lawyer can determine whether your insurer is acting fairly and knows how to hold them accountable when they do not. If your property has been damaged, or you believe your insurer is acting in bad faith, call or text us now at 386-252-5170 or chat with us online to schedule a free consultation and to learn more.

Sources:

m.flsenate.gov/Statutes/627.70131

floridabar.org/public/consumer/homeownersinsurance/

]]> Understanding The Difference Between Flood Damage And Water Damage https://www.daytonalawyers.com/understanding-the-difference-between-flood-damage-and-water-damage/ Wed, 19 Apr 2023 10:20:30 +0000 https://www.daytonalawyers.com/?p=8968 Read More »]]> Hurricane season is just a couple of months away in Florida and it is important that Floridians take this time to prepare. One of the best ways to prepare is to understand different insurance terms and policies, so you understand what you are and are not covered for in the event disaster strikes. Below, our Daytona Beach flood damage lawyer explains two of the most misunderstood terms of insurance – flood damage versus water damage.

What is Flood Damage? 

Damage caused by floods refers to losses caused by an external force. In other words, water damage caused by Mother Nature is considered flood damage. Natural sources, such as storms and overflowing rivers, are the cause of flood damage. Flood damage can also be caused by rainstorms, hurricanes and tropical storms, and flooding from the ocean. For example, if a river runs through your neighborhood and its water level rises over the banks and into your house, this is considered flood damage.

What is Water Damage? 

Unlike flood damage, water damage is not caused by a natural source. Instead, water damage is typically caused by issues within a home itself, such as a plumbing emergency. For example, you may be enjoying a quiet night at home when suddenly, a bathroom pipe bursts and floods the hallway floor. Although the water is technically flooding the floor, this is still considered water damage because the source is internal and not natural. Some of the most common examples of water damage are as follows:

  • Shower and bathtub leaks
  • Overflowing toilets
  • Washing machine leaks
  • Freezer or refrigerator leaks
  • Automatic fire systems
  • HVAC systems failing to drain

The Difference when Filing a Claim 

Many people think when filing an insurance claim for property damage, flood damage and water damage are covered under the same terms or policy. This is not true. Insurance companies are very clear about the difference between water damage and flood damage and they sell these policies separately. Just because you have coverage for water damage does not necessarily mean you are covered for flood damage.

Most Florida homeowners insurance policies include coverage for water damage, but they do not include flood damage. You must purchase a separate policy or an add-on if you need coverage. Additionally, if a hurricane causes flooding to your home, your hurricane insurance will not cover the flooding. For example, if you have hurricane insurance and a storm rips shingles off your roof, your policy would cover the damage to the roof. However, it would not cover any flooding to the home caused by the damage to the roof.

Remember when purchasing flood insurance, there is usually a 30-day waiting period. Due to this, it is critical that you do not wait until a storm is approaching but that you purchase this coverage as soon as possible.

Our Flood Damage Lawyer in Daytona Beach Can Help with Your Claim 

If your property has sustained damage and you need to file a claim, our Daytona Beach flood damage lawyer at Bundza & Rodriguez can deal with the insurer on your behalf and help you obtain the full coverage you need. Call us now at 386-252-5170 or contact us online to schedule a free consultation and to learn more.

Source:

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

]]> Important Statistics Regarding Lightning Damage In Florida https://www.daytonalawyers.com/important-statistics-regarding-lightning-damage-in-florida/ Tue, 14 Mar 2023 16:54:52 +0000 https://www.daytonalawyers.com/?p=8897 Read More »]]> As a peninsula surrounded by the Atlantic Ocean and the Gulf of Mexico, it is no surprise that Florida sees some of the most violent storms in the country. Floridians know the dangers of these storms, and they are also no stranger to lightning. In fact, the Sunshine State has been dubbed the “Lightning Capital of the United States.”

While it may not seem as dangerous as other elements of a storm, lightning is a very scary force of nature. It causes power surges, fire, and other types of property damage. Below, our Daytona Beach storm damage lawyer outlines some of the post startling statistics on lightning, and what to do if your property has sustained damage.

Statistics on Lightning Damage

It is no surprise that the Insurance Information Institute has rated Florida as the state that has the most lightning insurance losses. Some of the most startling and most recent statistics about lightning damage in the state are as follows:

  • There were a total of 5,339 insurance claims pertaining to lightning damage in 2021 alone.
  • Also in 2021, lightning claims totaled $88.3 million.
  • The cost of the average lightning claim in 2021 was $16,552.

The statistics are not only alarming in Florida, but around the country, too. Some of the most shocking of these include:

  • Although 2020 was the fourth year in a row that saw a decline in the total number of damage claims in the nation, the cost of the average claim more than doubled since 2017.
  • Claims related to lightning reduced by 6.9 percent from 2019 to 2020, but claims increased in value by 124.6 percent.
  • While Florida does lead the country in the number of claims, California is the state with the highest value of the average claims. This is because of the destruction caused by fires created by lightning.

What to Do After Lightning Damage

There are a few crucial steps to follow after your property suffers from lightning damage. The first step is to take pictures of the damage and to document the exact type of damage sustained. It is also important to make a detailed list of the damaged items and parts of the structure. You should then contact your insurance company and inform them of the damage.

After taking the above steps, you can then start to contact certain professionals. First call the fire department, making note of the time and date you contacted them. You can then contact a professional plumber or electrician to inspect the damage and document it, which you can use when communicating with the insurance company.

Call Our Storm Damage Lawyer in Daytona Beach

Of all the steps you take after a lightning strike, one of the most important is calling our Daytona Beach storm damage lawyer at Bundza & Rodriguez. Our seasoned attorneys will communicate with the insurer on your behalf to ensure you receive the full coverage you need. Call us now at 386-252-5170 or contact us online to schedule a free consultation.

Sources:

weather.gov/mlb/lightning_rules

iii.org/fact-statistic/facts-statistics-lightning

]]> How To Prove Damage Caused By Lightning https://www.daytonalawyers.com/how-to-prove-damage-caused-by-lightning/ Tue, 07 Feb 2023 11:14:58 +0000 https://www.daytonalawyers.com/?p=8783 Read More »]]> Florida is sometimes referred to as the lightning capital of the country. It is really not surprising considering all of the hurricanes, tropical waves, and thunderstorms that batter the state’s coastline. During these storms, it is almost inevitable that some property will be struck by lightning, and suffer serious damage as a result. If your property has been damaged by lightning, the damage is likely covered by insurance. However, you must prove the full extent of it to obtain the full coverage you are entitled to. Below, our Daytona Beach storm damage lawyer explains how to do it.

Is Lightning Damage Covered By Insurance?

The vast majority of homeowners insurance policies do provide coverage for lightning damage. Still, that does not mean that all insurers are eager to pay that coverage and help property owners. Insurance companies are much more worried about their bottom line, which they protect by denying and delaying the coverage people need after a serious event.

Insurers attempt to deny claims involving lightning damage by arguing that there is insufficient proof that the damage was caused by lightning. An insurance adjuster may even argue that the items you are seeking coverage for were not damaged due to the lightning strike. The burden is then on you to prove that your property was damaged, and that it was lightning that caused it.

Proving Damage was Caused by Lightning

When submitting a claim for lightning damage, you must present strong and clear evidence that shows how the damage occurred. Char marks, holes, and other damage to the exterior of your house is some of the best evidence that lightning damaged your home. As soon as it is safe to do so, take pictures of the damage to show to the insurance company.

If lightning strikes the ground on your property or near your home, it can also damage your plumbing as well as your electrical system. Insurance should provide coverage for this damage, too. Just like any damage to your home, you should also look on your lawn and in nearby places for holes, char marks, and other evidence of damage.

You should also contact an electrician or plumber after lightning has struck your property. These professionals can advise on the damage lightning caused, and will document it, which can serve as further proof when filing your claim. Also make sure you check your appliances that were plugged in at the time of the lightning strike, as these can become damaged, as well.

Contact Our Storm Damage Lawyers in Daytona Beach for Help with Your Claim

If your property has been damaged by lightning, our Daytona Beach storm damage lawyers at Bundza & Rodriguez can help you prove your case to the insurance company so you obtain the full and fair coverage you are entitled to. Call us now at 386-252-5170 or contact us online to schedule a free consultation with one of our skilled attorneys and to learn more about how we 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

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