Destin Hurricane Damage: What to Document Before Repairs Begin

If your Destin home or property has hurricane damage, photograph and video everything before any material is removed, take reasonable steps to stop further damage, keep every receipt, and report the claim to your insurer promptly. These steps help document your windstorm claim. If the insurer later denies, delays or underpays it, that record is what you will rely on to push back.

Step 1: Document the Damage Before Anything Is Removed

Before the crew tears out drywall, flooring or roofing, walk the property and record it.

• Take wide photos of each room and each side of the exterior, then close-ups of specific damage.
• Record a slow video walkthrough and say out loud what you are showing.
• Photograph the roof, windows, fences, pool enclosures and anything else the wind or water reached.
• Keep damaged materials or samples when practical, such as a section of shingle, carpet or drywall, and photograph anything that has to be thrown away.
• Write down the date of the storm and the date you first saw each area of damage.

Florida's Homeowner Claims Bill of Rights, in section 627.7142, Florida Statutes, advises policyholders 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." Insurers that issue personal lines residential property policies must give policyholders that document within 14 days after receiving an initial communication about a claim.

Step 2: Take Reasonable Steps to Prevent Further Damage

Your policy may include a duty to take reasonable steps to protect the property from further damage after a loss. That duty comes from the policy, so read its duties-after-loss section.

The Homeowner Claims Bill of Rights separately advises you to "make and document emergency repairs that are necessary to prevent further damage." That can mean tarping a roof, boarding a broken window or drying out wet areas. Keep in mind:

• Photograph the damage before the emergency work and again after it.
• Keep every receipt, invoice and estimate, including for tarps, fans, dehumidifiers, lodging and supplies.
• Save texts and emails with anyone doing work on the property.

If water got inside, moisture can lead to mold. Our Destin mold damage insurance guide covers that issue.

Step 3: Read Every Contract and Form Before You Sign

A restoration crew may ask you to sign a work authorization, service contract or direct-pay form before starting. Read the whole document before you sign.

The Homeowner Claims Bill of Rights 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 you to pay 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.

If a document mentions your insurance benefits, insurance proceeds, or payment going directly from your insurer to the contractor, stop and ask a lawyer to review it before you sign. Keep a copy of everything you sign.

Step 4: Report the Claim Promptly

File your claim directly with your insurance company as soon as you can, and follow the notice terms in your policy.

Under section 627.70132, Florida Statutes, a property insurance claim or reopened claim is barred unless notice was given to the insurer in accordance with 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. For hurricane claims, the date of loss is the date the hurricane made landfall. These time limits are tolled during any term of deployment to a combat zone or combat support posting that materially affects a named insured servicemember's ability to file a claim.

Reporting early gives the insurer a chance to inspect while the damage is still visible. For more, see why file a hurricane damage claim in Florida.

Step 5: Know What Your Insurer Must Do and When

Section 627.70131, Florida Statutes, applies to residential property insurers, including surplus lines insurers providing residential coverage. Among other things, it requires the insurer to:

• Acknowledge a claim communication within 7 calendar days, unless payment is made within that time or the failure to acknowledge is caused by factors beyond the insurer's control. This acknowledgment rule does not apply to claimants represented by counsel beyond communications necessary to provide forms and instructions.
• Begin its investigation within 7 days after receiving proof-of-loss statements, unless the policy or law provides otherwise or factors beyond its control prevent it, and conduct any physical inspection within 30 days after receiving those statements.
• Send you a copy of any detailed estimate within 7 days after the insurer's adjuster generates it. The insurer does not have to create one if it is not reasonably necessary.
• Pay or deny the claim, or a portion of it, within 60 days after receiving notice, unless the failure to pay is caused by factors beyond the insurer's control. The insurer must give you a reasonable written explanation of the basis for the payment, denial or partial denial. If it pays less than its own detailed estimate, it must explain the difference in writing.

"Factors beyond the control of the insurer" include events such as a state of emergency declared by the Governor, when the Office of Insurance Regulation issues an order finding that the event makes insurers reasonably unable to comply and gives them additional time. The office may not extend the period for payment or denial by more than 30 additional days. The term also covers fraud, lack of cooperation or intentional misrepresentation by the policyholder or the policyholder's representative regarding the claim, when that conduct reasonably prevents the insurer from complying.

The statute's requirements are tolled during a mediation under section 627.7015 or an alternative dispute resolution proceeding provided for in the insurance contract, until that proceeding ends. They are also tolled if you or your representative do not provide material claims information the insurer requested within 10 days after receiving the request, until the insurer receives the information. That tolling applies only to requests sent at least 15 days before the insurer's deadline to pay or deny the claim.

Frequently Asked Questions

What if the insurer's first estimate seems too low?

Under s. 627.70131(6)(a), Fla. Stat., a preliminary or partial estimate must state that it represents the insurer's current evaluation and may be revised. You can submit additional documentation, such as your photos, receipts and contractor estimates, and ask for a written explanation of any difference from the insurer's detailed estimate.

Is there a way to resolve a dispute without going to court?

Section 627.7015, Florida Statutes, provides a mediation program through the Florida Department of Financial Services for claims under personal lines and commercial residential policies, subject to its conditions. Mediation is nonbinding unless a written settlement is reached and not rescinded.

Should I sign the restoration company's paperwork right away?

Read every form first. If it mentions your insurance benefits or direct payment from your insurer, have a lawyer review it before signing.

Talk to Louis Law Group

If your Destin hurricane damage claim was denied, has been delayed past the timelines above, or was paid for less than it takes to repair your property, it may be time to talk to a lawyer. Louis Law Group is a law firm. We do not perform restoration or repair work. You can 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.