FEMA Assistance for Flood Damage in Florida: Protect Your Flood Claim

FEMA assistance for flood damage is federal disaster aid that may be available after a declared disaster. It is separate from an insurance claim and does not replace a flood policy. If you have NFIP or private flood coverage, or a homeowners policy that may cover part of the water damage, report the claim to your insurer and document the damage before the restoration crew starts work. If the payment does not match the damage, a lawyer can review the claim.

How FEMA Assistance for Flood Damage Fits With Your Insurance Claim

FEMA disaster aid, a National Flood Insurance Program (NFIP) policy, a private flood policy and a homeowners policy are separate. Each one has its own rules, forms and deadlines.

If you apply for FEMA assistance, FEMA may ask whether you have insurance and what it paid. Keep your insurance claim moving at the same time, and keep copies of everything you send to either one.

The Florida statutes discussed below apply only to the insurers and policies each statute names. An NFIP policy is a federal program with its own terms, including its own notice and proof-of-loss deadlines, which may differ from the Florida rules. Read your flood policy closely and ask a lawyer which rules apply to your claim.

Step 1: Document the Damage Before Anything Is Removed

Once cleanup starts, the damage gets harder to show. Before wet drywall, flooring, cabinets or contents are torn out or thrown away:

• Take wide photos of each room, then close-ups of waterlines, damaged materials and appliance serial numbers.
• Record a slow video walk-through and narrate what you see.
• Keep damaged materials or small samples when practical, such as a piece of carpet, pad or baseboard.
• Write down the date the water came in and when it went down.

Florida's Homeowner Claims Bill of Rights, in section 627.7142, Florida Statutes, is a summary that insurers issuing personal lines residential property policies must provide. It advises policyholders to keep the damaged property if feasible and to take photographs or video of the damage before and after any repairs to give to the insurer. Good records help document the claim. They do not guarantee any result.

Step 2: Mitigate Further Damage and Keep Every Receipt

Your duty to take reasonable steps to protect the property from further damage comes from your insurance policy, so read that section of your policy. The Homeowner Claims Bill of Rights also advises you to make and document emergency repairs needed to prevent further damage, and to keep all receipts. That document gives advice. It does not create the duty.

Keep a folder for:

• Invoices and receipts for water extraction, drying equipment, tarps and supplies
• Hotel, meal and other costs if you had to leave the home
• Any written scope of work or estimate from the crew

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.

Step 3: Read Any Contract or Work Authorization Before You Sign

A restoration crew may hand you a contract, work authorization or direct-pay form. Read every page before you sign. The Homeowner Claims Bill of Rights advises policyholders to:

• Contact the insurer before entering into any repair contract to confirm any managed repair 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 through the Florida Department of Business and Professional Regulation.
• Require proof of insurance before repairs begin.

If a document mentions your insurance benefits, payment from your insurer, or who controls your claim, ask a lawyer to review it before you sign.

Step 4: Report the Claim Promptly

Report the loss to your insurer right away and follow the notice and proof-of-loss terms in your policy. If you have an NFIP flood policy, its federal terms control those deadlines, and they may be shorter than the Florida limits below. Read your flood policy now.

For property insurance policies covered by section 627.70132, Florida Statutes, a claim or reopened claim is barred unless notice was given under the policy terms 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 deployment to a combat zone or combat support posting that materially affects a named insured servicemember's ability to file. For weather-related events such as hurricanes or severe rain, the date of loss is the date the hurricane made landfall or the date the event is verified by the National Oceanic and Atmospheric Administration.

When to Talk to a Lawyer

Consider talking to a lawyer if:

• Your claim is denied, in whole or in part.
• You are asked to sign something about your benefits, or a release.

Frequently Asked Questions

Does FEMA assistance replace my flood insurance claim?

No. FEMA disaster aid and a flood insurance claim are separate. File your claim with your insurer and keep it moving even if you also apply to FEMA. Keep copies of what each one pays.

Should I let the restoration crew start before the adjuster comes?

Your policy may require reasonable steps to prevent further damage. Before work starts, photograph and video everything, keep samples when practical, and save every invoice so the work is documented.

Is there a deadline to report flood or water damage?

Yes, and it depends on your policy. If you have an NFIP flood policy, its federal terms control notice and proof-of-loss deadlines, and they may be shorter than the Florida limits, so read it now and report right away. For policies covered by section 627.70132, Florida Statutes, notice of a claim or reopened claim must be given within 1 year after the date of loss, and notice of a supplemental claim within 18 months.

Talk to Louis Law Group

Louis Law Group is a law firm. We do not perform restoration or cleanup work. If your flood or water damage claim was denied, delayed or underpaid, see if you qualify or call (833) 657-4812. South Florida readers can also visit our Miami flood damage lawyer page. Our office is at 12 SE 7th St Ste 805, Fort Lauderdale, FL 33301.

This article is general information, not legal advice.