Flood Damage Restoration Service in Florida: Protect Your Claim First

If you need a flood damage restoration service in Florida, take a few steps before and during the cleanup. Document the damage before anything is torn out. Report the claim, keep every receipt, and read any repair contract before you sign it. These steps help document your insurance claim if the insurer later questions the loss or the amount.

Step 1: Find out which policy may cover the water

A homeowners policy and a separate flood policy are different contracts. Each has its own coverage terms, exclusions, deductibles and deadlines. Gather every policy you have, including the declarations pages, and read how each one describes the water damage it covers.

The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes advises policyholders to file all claims directly with their insurance company. If you are not sure which policy applies, report the loss to each insurer that may be involved and ask your questions in writing.

The Florida rules below apply only to the policies and insurers each statute describes. A separate flood policy, including one issued through a federal program, may set its own notice and proof-of-loss deadlines that differ from these Florida rules. Read your flood policy right away.

Step 2: Document the damage before the crew removes anything

The Bill of Rights advises policyholders to take photographs or video of the damage before and after any repairs, keep the damaged property if feasible, and keep all receipts. A practical checklist:

• Walk through every affected room on video, including the waterline on walls.
• Take close-up photos of flooring, drywall, cabinets and appliances.
• Photograph damaged belongings before you discard them, and keep a written list.
• When practical, keep samples such as a piece of carpet, pad or drywall.

Under s. 627.70131(3)(d), Fla. Stat., an insurer may use electronic methods such as photos and video to investigate a loss, and may allow the policyholder to use them to help. Accuracy matters. The same paragraph allows an insurer to void the policy if the policyholder, with intent to injure, defraud, or deceive, commits insurance fraud by providing false, incomplete, or misleading information material to the claim through those methods.

Step 3: Protect the property and keep every receipt

The Bill of Rights advises you to make and document emergency repairs needed to prevent further damage. It gives advice and does not itself create the duty. Your policy may set its own duties after a loss, such as protecting the property from further damage, so read that part of your policy.

The Bill of Rights also advises you to contact your insurance company before entering into any contract for repairs, to confirm any managed repair policy provisions or optional preferred vendors. It advises you to confirm the contractor is licensed to do business in Florida and to require proof of insurance before repairs begin.

Keep every invoice, receipt and estimate for drying, cleanup, materials and other costs you pay.

Step 4: Read any work authorization or assignment before you sign

A work authorization that only approves the work and sets a price is not an assignment. Under section 627.7152, Florida Statutes, an "assignment agreement" is a document that assigns or transfers post-loss benefits under a residential or commercial property insurance policy to a person providing services, such as repair, restoration or mitigation.

What the law says depends on when your policy was issued:

• Policies issued on or after January 1, 2023: Under s. 627.7152(13), Fla. Stat., a policyholder may not assign any post-loss benefit under a residential or commercial property insurance policy, except in the limited situations listed in subsection (11). An attempt to assign is void, invalid, and unenforceable.
• Policies issued on or after July 1, 2019, and before January 1, 2023: An assignment must meet the requirements of s. 627.7152(2), Fla. Stat., including a written, itemized, per-unit cost estimate and a right to rescind without penalty within 14 days after signing, among other rescission windows. For a residential property insurance policy issued during this period, if an assignment is executed under an urgent or emergency circumstance as defined by the statute, the assignment of post-loss benefits may not exceed the greater of $3,000 or 1 percent of the Coverage A limit.

The Bill of Rights also advises you to carefully read any contract that requires you to pay out-of-pocket expenses or a fee based on a percentage of your insurance proceeds.

Step 5: Report promptly and know the insurer's timelines

Under section 627.70132, Florida Statutes, a claim under a property insurance policy covered by that section is barred unless notice is given under the policy terms within 1 year after the date of loss, or 18 months for a supplemental claim. These limits are tolled during certain combat zone deployments of a servicemember named insured. A separate flood policy may have its own deadlines, so report the loss to every insurer right away.

Under section 627.70131, Florida Statutes, which applies to residential property insurers, including surplus lines insurers providing residential coverage, the insurer must:

• Acknowledge your claim communication within 7 calendar days, unless it pays within that time or the failure 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.
• 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.
• Conduct any physical inspection within 30 days after receiving proof-of-loss statements.
• Send you any detailed estimate within 7 days after its adjuster generates it.
• For residential coverage claims, pay or deny the claim, or a portion of it, within 60 days after receiving notice, unless factors beyond its control cause the failure, and explain the basis in writing.

These requirements are tolled during mediation under s. 627.7015, Fla. Stat. They are also tolled if you fail to provide requested material claims information within 10 days, when the request was sent at least 15 days before the payment deadline.

When to talk to a lawyer

It may be time to get legal advice if the insurer denies the claim, pays less than its own detailed estimate, or has not paid or denied it within 60 days. If payment is less than the insurer's detailed estimate, s. 627.70131(7)(a), Fla. Stat., requires a written explanation of the difference.

Before filing suit, s. 627.70152(3), Fla. Stat., requires written notice of intent to initiate litigation at least 10 business days in advance, and not before the insurer has made a coverage determination. Read more on our Miami flood damage lawyer page.

Frequently Asked Questions

Should I wait for the adjuster before cleanup begins?

The Bill of Rights advises you to make and document emergency repairs needed to prevent further damage. Photograph everything first, keep samples when practical, and tell your insurer what work is being done.

Can a restoration company bill my insurer directly?

It depends on the document and your policy date. For residential and commercial property policies issued on or after January 1, 2023, an attempt to assign post-loss benefits is void, with limited exceptions. Read any document carefully before you sign it.

How long do I have to report a claim?

For homeowners and other property insurance policies covered by s. 627.70132, Fla. Stat., notice must be given within 1 year after the date of loss, or 18 months for a supplemental claim. A separate flood policy may have its own deadlines. Read your flood policy right away and report the loss immediately.

What if the insurer asks for more documents?

Respond quickly. If you do not provide requested material claims information within 10 days, the insurer's deadlines may be tolled until it receives the information.

Talk to Louis Law Group

Louis Law Group is a law firm. It does not do restoration or cleanup work. If your flood or water damage claim was denied, delayed or underpaid, 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.