Filing a Property Damage Claim in Florida

Florida property damage claims involve a web of statutory deadlines, insurer obligations, and procedural requirements that can easily derail an otherwise valid claim. Homeowners in Hollywood, Florida face the same challenges as property owners statewide — but the high volume of claims in Broward County following hurricane seasons means insurers routinely scrutinize or dispute losses. Understanding the process before you file gives you a meaningful advantage.

Document the Damage Immediately

Before touching anything, photograph and video every damaged area of your property. Capture wide shots establishing context and close-ups showing specific damage. Include timestamps if your camera supports them. This documentation becomes the foundation of your claim and can resolve disputes about pre-existing conditions versus storm or incident-related damage.

• Photograph all rooms, the roof, exterior walls, windows, and any personal property
• Take photos of standing water, mold, structural cracks, or displaced materials
• Keep all damaged materials until an adjuster inspects — do not discard debris
• Write a dated inventory of every damaged item with estimated values
• If you must make emergency repairs to prevent further damage, document them separately and save all receipts

Florida law permits temporary repairs to mitigate ongoing damage. However, do not begin permanent repairs until your insurer has inspected the property. Doing so prematurely can give the carrier grounds to dispute portions of your claim.

Notify Your Insurer and Review Your Policy

Florida Statute § 627.70132 imposes a two-year deadline to file a supplemental or reopened property insurance claim for hurricane damage — and a one-year deadline for non-hurricane losses under many policies. Missing these deadlines can result in a complete denial regardless of the merits. Notify your insurer as soon as reasonably possible after discovering damage.

When you call to report the claim, get the claim number in writing and note the representative's name. Then pull out your policy and read it carefully before the adjuster arrives. Pay particular attention to:

• Your deductible — hurricane deductibles in Florida are often calculated as a percentage of your insured value, not a flat dollar amount
• Covered perils — flood damage requires a separate NFIP or private flood policy; standard homeowner policies exclude it
• Replacement cost vs. actual cash value — replacement cost coverage pays to rebuild or replace at current prices; actual cash value deducts depreciation
• Loss of use provisions — if your home is uninhabitable, this coverage pays for temporary housing

In Hollywood and throughout Broward County, many older homes carry policies with significant exclusions for roof age or specific construction types. Know what your policy covers before the adjuster sets expectations.

The Insurance Adjuster Inspection

The insurer will send an adjuster to inspect your property. This adjuster works for the insurance company — not for you. Their assessment directly affects the settlement offer, so how you handle the inspection matters.

Be present during the inspection. Walk through every area of damage and point out issues the adjuster might overlook, including less visible damage inside walls, under flooring, or in the attic. Ask the adjuster to document everything they observe in writing.

You have the right under Florida law to hire a public adjuster to represent your interests independently. Public adjusters are licensed by the Florida Department of Financial Services and typically charge a percentage of the final settlement — capped at 20% for non-catastrophe claims and 10% for claims made during a declared state of emergency. A public adjuster can be particularly valuable when damage is extensive or when an initial offer seems low.

After the inspection, request a copy of the adjuster's report and the insurer's written coverage determination. Florida Statute § 627.7015 requires insurers to acknowledge claims within 14 days and complete their investigation within 90 days of receiving proof of loss, though extensions apply under declared emergencies.

Responding to a Denial or Underpayment

An initial denial or a settlement offer that does not cover your actual losses is not the end of the road. Florida provides several avenues to contest a property insurer's decision.

Appraisal: Most Florida homeowner policies contain an appraisal clause. If you and the insurer disagree on the amount of loss — not coverage itself — either party can invoke appraisal. Each side selects a competent appraiser, and the two appraisers then select an umpire. The appraisal panel's decision on the loss amount is binding. This process is faster and less expensive than litigation for straightforward valuation disputes.

Florida Department of Financial Services Mediation: For claims under $500,000, policyholders can request free mediation through the DFS. An insurer's failure to participate or act in good faith through mediation can be used as evidence in subsequent litigation.

Bad Faith Claims: Under Florida Statute § 624.155, if an insurer fails to attempt a fair and prompt settlement when liability is reasonably clear, you may be able to pursue a bad faith action. Before filing suit, you must serve a Civil Remedy Notice on the insurer through the DFS, giving the carrier 60 days to cure the violation. Successful bad faith claims can result in damages beyond the policy limits, including attorney's fees.

Working With a Property Damage Attorney

Many Hollywood property damage claims involve disputes over scope of damage, causation, or coverage that insurers exploit through selective interpretation of policy language. An experienced property damage attorney can review your policy, communicate directly with the carrier on your behalf, and identify coverage arguments you may not have considered.

Florida law previously allowed insurers to pay attorney's fees only when policyholders prevailed, which made litigation more accessible. Significant legislative changes in 2023 eliminated one-way attorney's fees in property insurance cases, meaning you should discuss fee arrangements with your attorney early. Many property damage lawyers still work on contingency for bad faith claims or negotiate fees as part of settlements.

Do not sign any release or accept a final settlement check without understanding what rights you are waiving. A partial payment marked "full and final settlement" can extinguish your right to seek additional compensation even when your documented losses are higher. If the insurer is pressuring you to settle quickly before repairs are fully assessed, that is a signal to consult an attorney before signing anything.

The claims process in Hollywood, Florida moves faster and more favorably for policyholders who understand their rights, document losses thoroughly, and push back when insurers undervalue legitimate claims.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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