30A hurricane damage: claim steps while the restoration crew works

If your home or rental along 30A took hurricane damage and a restoration crew is on the way, your insurance claim starts now, not after the work is finished. Record the damage before anything is torn out. Keep removed materials when you can, read every form before you sign it, and give your insurer notice of the claim. This guide covers each step while the work goes on.

Before the first fan goes in: record the property as you found it

Once drying starts, the original condition of the home is gone. Before the crew removes anything, do one slow walkthrough video of the whole property. At the start, say the date and the address. Then go room by room and narrate what you see: water lines on walls, soaked flooring, ceiling stains, broken windows, missing shingles or siding.

After the video, take still photos. Start with wide shots of each room and each side of the house, then take close-ups of each area of damage. Put a common object in the frame for scale.

If the property is a second home or a rental you were not at during the storm, ask someone you trust to film the walkthrough and send it to you before work begins. Pull together any earlier photos of the home, such as listing photos or pictures from past visits, to show its condition before the storm.

The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes advises policyholders to take photographs or video of damage before and after any repairs to provide to the insurer.

While the crew works: hold on to what leaves the house

The same Bill of Rights advises keeping the damaged property, if feasible. Where practical, set aside samples before they go in a dumpster: a cut piece of wet drywall, a section of flooring or insulation, a few damaged shingles. Photograph damaged contents and list them before anything is thrown away.

The duty to protect the property from further damage comes from your policy. Read the section on your duties after a loss. The Bill of Rights advises, but does not itself require, making and documenting emergency repairs that are necessary to prevent further damage. These can include tarping the roof, boarding openings and drying out water.

Keep every receipt and invoice in one place, including tarps, fans, generator fuel, lodging if you have to leave, and each invoice from the crew. Ask the crew for copies of the photos, moisture readings and drying logs they make.

The clipboard moment: forms to read before you sign

Before starting, a crew may ask you to sign a contract, a work authorization or a direct-pay form. Read every page. If any part mentions your insurance benefits, your claim, payment from your insurer, or a fee based on a percentage of your insurance proceeds, have a lawyer look at it before you sign.

The Bill of Rights also advises policyholders to:

• Contact the insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors
• Carefully read any contract that requires out-of-pocket expenses or a fee based on a percentage of the insurance proceeds
• Confirm the contractor is licensed to do business in Florida
• Require all contractors to provide proof of insurance before beginning repairs

Putting the claim on record with your insurer

The Bill of Rights advises filing all claims directly with your insurance company. When you report the claim, write down the claim number, the date, and the name of each person you speak with. Keep a running log of every call, email and letter after that.

Under s. 627.70132(2), Fla. Stat., which applies to property insurance policies, including those issued by eligible surplus lines insurers, a claim or reopened claim is barred unless notice was given to the insurer in accordance with the terms of the policy within 1 year after the date of loss. A supplemental claim is barred unless notice was given within 18 months after the date of loss. These time limits are tolled during any term of deployment to a combat zone or combat support posting that materially affects a servicemember named insured's ability to file. For hurricane claims, the date of loss is the date the hurricane made landfall. Your policy may have its own notice terms, so read those too.

What the carrier owes you once the claim is open

Section 627.70131, Florida Statutes applies to residential property insurers, including surplus lines insurers providing residential coverage. Under it:

• Acknowledgment. The insurer must review and acknowledge a claim communication within 7 calendar days, unless payment is made within that period or the failure to acknowledge is caused by factors beyond its control. This requirement does not apply to claimants represented by counsel beyond communications necessary to provide forms and instructions.
• Adjuster identity. If the investigation includes a physical inspection, the licensed adjuster must give you a document with his or her name and state adjuster license number. The insurer must conduct the inspection within 30 days after it receives the proof-of-loss statements.
• Estimates. The insurer must send you a copy of any detailed estimate within 7 days after its adjuster generates it. It does not have to create a detailed estimate if one is not reasonably necessary to the investigation.
• Decision. Within 60 days after receiving notice of an initial, reopened or supplemental claim, the insurer must pay or deny the claim or a portion of it, unless the failure to pay is caused by factors beyond its control. It must explain the basis in writing.

After a hurricane, a Governor's state of emergency counts as a factor beyond the insurer's control only if the Office of Insurance Regulation issues an order giving insurers extra time in specified locations. The office may not extend the period for payment or denial by more than 30 additional days.

These requirements are tolled during mediation under s. 627.7015, Fla. Stat., or alternative dispute resolution under the policy. They are also tolled if you do not provide material claims information within 10 days after receiving a request, but only if the insurer sent the request at least 15 days before its pay-or-deny deadline. That tolling ends when the insurer receives the information.

Signs it is time to call a lawyer

Consider talking to a lawyer if your claim is denied or the 60-day period passes with no payment and no denial. Do the same if a payment does not cover the damage you documented. If the insurer pays less than its own detailed estimate, s. 627.70131(7)(a), Fla. Stat., requires it to give you a reasonable written explanation of the difference. For more about storm claims near South Walton, see our Freeport hurricane insurance guide and our Fort Walton Beach hurricane insurance guide.

Frequently Asked Questions

Should I wait for the adjuster before the crew starts?

Your policy may require reasonable steps to protect the property, and the Bill of Rights advises making and documenting emergency repairs that are necessary to prevent further damage. Before the work starts, record everything on video and in photos and keep samples when feasible. That documents the condition the adjuster would have seen.

My 30A home is a rental and I was not there for the storm. What date counts?

For hurricane claims, s. 627.70132(3), Fla. Stat., sets the date of loss as the date the hurricane made landfall. The 1-year notice period for a claim and the 18-month period for a supplemental claim run from that date, subject to the servicemember tolling rule.

How do I know who is adjusting my claim?

If the insurer physically inspects the property, the licensed adjuster must give you his or her name and state adjuster license number. Any later communication about the claim must also include the name and license number of the adjuster communicating with you. Write these down in your claim log.

Talk to Louis Law Group

If your 30A or South Walton hurricane damage claim was denied, delayed or underpaid, Louis Law Group can review what happened. See if you qualify or call (833) 657-4812. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301. Louis Law Group is a law firm and does not perform restoration, cleanup or repair work.

This article is general information, not legal advice.