Home ownership can be difficult, especially when something goes wrong and your property is damaged. That’s why Florida law guarantees homeowners certain rights with respect to the insurance claims process. In fact, state law specifically requires insurance companies to provide residential policyholders with a Homeowner Claims Bill of Rights within 14 days after the policyholder has contacted the company about a claim. That Bill of Rights must state that you, the policyholder, has the right to:
- Know once the insurance company has received your claim for damages. The company must send an acknowledgment within 14 days after the policyholder files the claim.
- Know whether your claim is covered in full or in part, or whether your claim has been denied. The policyholder must receive confirmation within 30 days of submitting a proof-of-loss statement. The company must also let you know if your claim is still being investigated.
- Be compensated for damage. The claim — or undisputed portion of the claim — must be paid within 90 days.
- Receive free mediation for any disputed claims by the Florida Department of Financial Services, Division of Consumer Services. This right is subject to certain restrictions.
- Have a disputed claim for sinkhole damage evaluated by a neutral party, if sinkhole damage is covered by the insurance policy.
- Contact the Florida Department of Financial Services, Division of Consumer Services for help with insurance claims or the insurance claims process. Call the division’s toll-free helpline at 1-877-693-5236.
Note that homeowners have other rights under Florida law, and that the Bill of Rights only pertains to the insurance claims process. Contact an attorney if your insurance company doesn’t honor these rights. But keep in mind that this timeline is not set in stone — there may be exceptions.
Recommendations for Homeowners
Florida law also makes certain recommendations (but not requirements) for homeowners, including:
- If an emergency repair is needed, take before and after pictures of the damage. Keep the damaged property, if possible, and all relevant documents (like receipts).
- Always read repair contracts before signing them. There might be hidden fees.
- Make sure that any contractor you hire is licensed to do business in Florida. Call the Florida Department of Business and Professional Regulation to verify your contractor’s credentials.
- Make sure that your contractor has insurance.
- Do what you can to limit the damage and to prevent additional damage. For example, if you are forced out of your home turn off your gas, water and electricity.
- If you are forced out of your home you should also provide your insurance company with contact information so that they can reach you.
Contact Us Today
The Insurance Litigation Group understands the homeowner insurance claims process and your rights under Florida law. We will walk you through the terms of your insurance policy and the claims process. Don’t miss out on valuable benefits available to you in your policy that the carrier won’t take the time to tell you about; secure full and fair compensation with the help of our dedicated, experienced attorneys. Contact us today for a free consultation.
Resources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0627/Sections/0627.7142.html
myfloridacfo.com/Division/Consumers/contactus.htm
