Obligations Of Homeowners And Insurance Companies During The Storm Damage Claim Process
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/