Boynton Beach Water Damage Restoration: Handling the Mitigation Bill

If you are calling for water damage restoration in Boynton Beach, the drying and cleanup bill (sometimes called the mitigation bill) can become one of the first costs you submit to your insurer. Before the crew starts, record the damage on video. While they work, collect every invoice, log and receipt. Read any form before you sign it, report the claim, and learn the deadlines Florida law sets for how your insurer must respond.

Before the Fans and Dehumidifiers Go In

Once wet drywall, baseboards and flooring are cut out, you cannot photograph them again. Take a few minutes first:

• Walk through each affected room with your phone recording. Show the water lines on walls, soaked carpet, warped flooring and ceiling stains.
• Photograph where the water came from if you can see it, such as a burst supply line, a leaking water heater or an opening in the roof.
• Photograph furniture, rugs and other contents before they are moved or thrown out.
• Ask the crew to set aside a sample of removed material, or the failed part, when that is practical.
• Write down when you found the water and what you did next.

Florida's Homeowner Claims Bill of Rights advises you to "keep the damaged property, if feasible, keep all receipts, and take photographs or video of damage before and after any repairs to provide to your insurer." This record helps document the claim. It does not guarantee any result.

Your Duty to Limit the Damage Comes From Your Policy

Under section 627.7142, Florida Statutes, an insurer issuing a personal lines residential property policy in Florida must give you a Homeowner Claims Bill of Rights within 14 days after receiving your initial communication about a claim. That document advises you to "make and document emergency repairs that are necessary to prevent further damage." It is advice. It does not create a legal duty, and it does not create a cause of action against the insurer.

Any obligation to protect your home from further damage comes from your insurance policy. Look for the section listing your duties after a loss. Reasonable steps can include shutting off the water, cutting power to wet areas when it is safe, and getting the drying started.

If you have to leave the home, the Bill of Rights advises securing the property, turning off gas, water and electricity, and giving your insurer a phone number where you can be reached.

Building a Mitigation Bill Your Insurer Can Follow

The mitigation bill is easier to review when it shows what was done, where and why. Ask for, and keep:

• An itemized invoice rather than a single lump-sum total
• The dates work started and ended
• A list of equipment placed in the home and how long it ran
• Any moisture readings or drying logs the company provides
• Photos from before, during and after the work
• Receipts for supplies, hotel stays or meals you paid for

Keep copies in one folder with your claim number on it. Whether your policy covers a given water loss depends on its terms and the cause of the water. For background, read what qualifies as water damage in Florida.

The Form on the Clipboard

Before work begins, a crew may hand you a contract, work authorization or direct-pay form. The Bill of Rights advises you to:

• Contact your insurer before entering 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, which you can check with the Florida Department of Business and Professional Regulation
• Require proof of insurance before repairs begin

If the paperwork mentions your insurance benefits, payment straight from your insurer, or the company dealing with your insurer for you, stop and ask a lawyer before you sign. Do not sign blank spaces, and keep a copy of everything.

Getting the Claim on File

Report the loss to your insurer promptly and write down your claim number. Under s. 627.70132(2), Fla. Stat., a claim or reopened claim under a property insurance policy 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 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 losses from hurricanes, tornadoes, windstorms, severe rain or other weather-related events, the date of loss is the date the hurricane made landfall or the event is verified by the National Oceanic and Atmospheric Administration.

When the Insurer Responds to Your Mitigation Bill

Section 627.70131, Florida Statutes, applies to residential property insurers, including surplus lines insurers providing residential coverage. Among its requirements:

• Acknowledgment. Within 7 calendar days of receiving a communication about a claim, the insurer must review and acknowledge it, unless payment is made in that time or the failure is caused by factors beyond its control. This acknowledgment 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.
• Estimate copy. The insurer must send you a copy of any detailed estimate within 7 days after its adjuster generates it. It is not required to create one if not reasonably necessary to the investigation.
• Payments that are not final. When a payment is not the full and final payment for the claim, it must include the statutory statement that the insurer is continuing to evaluate the claim and may issue additional payments.
• Pay or deny. Within 60 days after receiving notice of the claim, the insurer must pay or deny it, or a portion of it, unless the failure to pay is caused by factors beyond its control. It must explain the basis in writing, and explain in writing any payment below its own detailed estimate.

These requirements are tolled during mediation under section 627.7015 or an alternative dispute resolution proceeding provided for in the insurance policy. They are also tolled if you do not provide requested material claims information within 10 days after receiving the request, but only for requests sent at least 15 days before the pay-or-deny deadline.

Signs It Is Time for a Legal Review

Consider talking with a lawyer if the mitigation bill is denied, only part of it is paid without a clear written reason, the insurer misses these timeframes without explanation, or a form you were asked to sign involves your insurance benefits.

Frequently Asked Questions

Do I have to wait for the adjuster before drying starts?

The Bill of Rights advises making and documenting emergency repairs needed to prevent further damage, and your policy may require you to protect the property. Record everything on video first, and tell your insurer what work is being done.

Can my insurer pay only part of the restoration invoice?

The insurer may pay or deny a claim or a portion of it. It must give a reasonable written explanation of the basis in the policy. When a payment is not the full and final payment for the claim, it must include the statutory statement that the insurer is continuing to evaluate the claim and may issue additional payments.

What if the wet materials cannot be kept?

The Bill of Rights advises keeping damaged property "if feasible." When keeping it is not practical, photograph each item before removal and ask for a small sample to be set aside.

Talk to Louis Law Group

If your Boynton Beach water damage claim was denied, delayed or underpaid, Louis Law Group can review your situation. We are a law firm. We do not perform restoration, drying or cleanup work. See if you qualify or call (833) 657-4812. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301.

This article is general information, not legal advice.