Problem With Your Property Damage Insurance Claim?
It is all too common for insurance companies to deny, delay or underpay property damage claims. They are counting on the fact that many claimants will take no for answer or accept a lowball settlement.
The Law Offices of Geoffrey D. Ittleman represents businesses and homeowners in South Florida and statewide in insurance disputes. It’s frustrating to get the runaround when your property has been damaged or destroyed. We have helped hundreds of clients hold insurers to their legal obligations, through settlement negotiations or – when necessary – through litigation and appeals.
Experienced Representation For Property Insurance Disputes
When you think of property damage in South Florida, you likely think of inclement weather and hurricanes. However, under Florida law, negligent liability can apply to other forms of property damage too.
Florida laws governing homeowners policies and commercial property insurance state that property owners may be entitled to recover:
- Replacement value of lost personal property
- Costs of construction repairs, including labor
- Loss of appraised fair market value of real property
- Economic loss directly caused by the property damage, such as lost business revenues
Attorney Geoffrey Ittleman has handled claims for fire loss, flooding, hurricane and wind damage, water damage and mold, fallen trees, vandalism and other events. Property damage can also extend to auto insurance claims. Under Florida’s laws, you can recover compensation for damage to your vehicle and personal property when your car accident was caused by another driver’s negligence.
How An Insurance Claims Attorney Can Help
The majority of Florida car accidents and property damage claims are resolved by attorneys that represent victims. If liability for the property damage claim is uncontested, then our lawyer and your insurance company can usually come to a settlement agreement that will cover the personal and financial losses you have sustained. Geoffrey Ittleman is an accomplished litigator whose published court cases involve several victories against insurers.
It’s important to remember that insurance companies only remain profitable by limiting their liability, even on valid claims. This is why insurance companies’ primary goal is to settle cases for as little as possible, and why it’s important to have an attorney negotiating your case on your behalf.
Frequently Asked Questions About Property Damage Claims
Property damage claims are unfamiliar territory for a lot of people. Here are the answers to some common concerns:
How long do I have to file a lawsuit for a denied property damage claim in Florida?
Florida made significant insurance reforms in recent years. In general, the 2022 amendments to F.S. §627.70132 give you one year to file a property insurance claim from the date of loss. This applies to most homeowners’ insurance claims, such as those for hurricane damage, water damage from burst pipes, fire damage and more. If you discover additional damage later, you have no more than 18 months to file a supplemental claim. If a claim is denied or underpaid, you have two years from the date the insurer breaches its contract with you to file suit.
It is crucial to speak to an attorney when filing a lawsuit after a property damage claim is denied.
What are common tactics insurance companies use to underpay claims?
Insurance companies consider their best interests first, which means they often use deceptive tactics to underpay property damage claims. Some of the common tactics used by insurance companies to undervalue and underpay claims include:
- Confusing language: Insurance adjusters may claim certain types of damage fall under exclusions to avoid paying compensation.
- Preexisting damage: Insurance adjusters may claim that a property owner is filing a claim for preexisting damages, such as wear and tear.
- Reporting deadlines: Some insurance companies will include hidden deadlines for claim policyholders who miss their claim deadline.
- Low estimates: A property owner may be given undervalued repair costs to reduce damage payments.
An attorney can negotiate with insurance companies on behalf of property owners to protect their rights and force the insurers to pay up.
How does Florida’s hurricane deductible affect my property damage claim?
The hurricane deductible is typically 2% to 10% of your home’s total insured value, not your loss amount. That means that if you have a home that is valued at $400,000 and your hurricane deductible is 5%, you will pay the first $20,000 in damages.
Can I recover lost business income if my commercial property is damaged?
Commercial property coverage may offer compensation for lost business through business interruption insurance clauses or riders. Business owners should review their commercial property insurance coverage to understand how much income can be recovered as a result of property damage.
Contact A Proven Florida Insurance Lawyer
If you have a property damage claim, it’s essential to contact a lawyer as soon as possible if there is any pushback from the insurer. Mr. Ittleman will evaluate your case and determine the best way to proceed. Our team will communicate with your insurance company for you, which helps to ensure you don’t say anything that could impede your chances of recovering your rightful compensation. If your insurance company is not willing to settle, our attorneys will file a lawsuit in court on your behalf and prepare for trial.
The Law Offices of Geoffrey D. Ittleman can help you today if your home or business sustained property damage. Our firm has also handled class actions on behalf of condo associations in disputes over property damage. Set up a free consultation to have our attorney review your case. We welcome residential and business property damage claims throughout Florida. Call 954-546-7441 or email us.