What Is The Florida Property Damage Statute Of Limitations?
When your home is damaged in any type of incident, the next step is always to file a claim with your homeowner’s insurance provider. A homeowner’s goal is to address the issues, get them fixed as soon as possible, and have insurance help cover the costs involved under the policy.
The insurance company will have their own set of requirements and deadlines when processing a claim, but this process is usually understandable and pain-free for all parties involved. While it can seem complex and time-consuming, the claim is often paid to everyone’s satisfaction so the homeowner can rebuild, repair, and move on.
Unfortunately, it isn’t always this simple. An insurance company may deny a claim, undervalue the claim, act in bad faith, or act in some other manner that violates terms in your policy. This can be frustrating and costly to the insured, and they’ll want to know what their recourse is. The next step will often be to hire a lawyer and take action – even filing a lawsuit against the insurance company. Breach of contract is a serious issue, and can have legal consequences for insurance companies.
Homeowners are required to take legal action within Florida’s statute of limitations in property damage claims. This allows a period of 5 years for breach of a property insurance contract, 4 years for damage caused by neighboring property, or 3 years for claims related to damage from hurricanes, tornadoes, tropical storms, or other severe storm events.
It is important to take note that the statute of limitations usually runs from the date of the incident, or date that damage occurred. By the time a homeowner believes they might have to take legal action, a significant amount of time may have passed already. Once the statute of limitations has run, the insured forever loses their right to sue. This means a legitimate claim can be unrecoverable, leaving a homeowner responsible for all costs involved.
Many homeowners are unaware or uncertain about their rights as insured homeowners. Florida law has its own Homeowners Claims Bill of Rights. This includes several requirements imposed upon insurers when processing claims and communicating with insured homeowners. It also includes guidelines and recommendations for homeowners to help their claims get processed fairly and efficiently.
Our Florida Property Damage Attorneys at Bundza & Rodriguez, P.A., Know the Law and Will Help Enforce Your Rights as a Homeowner
Sometimes, a property owner has no choice but to take legal action when an insurer is dragging their heels, playing games, or failing to hold their end of the bargain. Even if a lawsuit is not eventually required, having skilled legal representation at your side can help a homeowner get what they need and deserve under their insurance policy.
The Daytona property damage insurance attorneys at Bundza & Rodriguez, P.A., know the games that insurance companies play and are not afraid to confront them on behalf of their clients. If you believe your claim has been handled unfairly, or has been delayed or denied for an issue that should have been covered, call our Daytona law offices at 386-252-5170, or schedule a consultation with our Daytona Beach property damage attorneys online today.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
