Hurricane Isaias Florida damage: documenting your claim

If you have Hurricane Isaias damage in Florida and you already reported a claim, or the claim is still open, documenting the damage before and during restoration work still matters.

Before the crew starts: walk the house with your phone

Once work begins, wet drywall, carpet and ceiling material may be bagged and hauled away, and the evidence goes with it.

• Start outside. Photograph each side of the house, the roof from the ground, screens and fences.
• Go room by room. Take a wide shot first, then close-ups of stains, water lines and broken glass.
• Shoot one continuous video. Say the date, the room and what you see.
• Photograph belongings before they go to the curb, and write a simple list.
• Keep a sample when practical. A piece of carpet pad, a cut of drywall or a damaged shingle can be set aside.

The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes, advises homeowners to keep the damaged property, if feasible, and to take photographs or video of damage before and after any repairs to provide to the insurer.

While the crew works: protect the house and keep records

Your policy may require you to take reasonable steps to protect the property from further damage. Review the duties-after-loss provisions in your policy. Separately, the Bill of Rights advises, but does not itself require, making and documenting emergency repairs necessary to prevent further damage and keeping all receipts.

During the job:

• Ask for a written description of what is being removed and why.
• Photograph opened walls and each stage of the work.
• Keep any moisture readings or drying logs the crew gives you.
• Save every receipt and invoice: tarps, plywood, fans, lodging and meals.
• Keep a dated log of who came to the house and what they did.

The paperwork on the clipboard

Before work starts, a company may ask you to sign a contract, work authorization or direct-pay form. Read every page and keep a copy. The Bill of Rights advises you to:

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

If a form mentions your insurance benefits, your claim, or payment from your insurer to the company, ask a lawyer to review it before you sign.

What the insurer must do on a timely claim

Section 627.70131, Florida Statutes, applies to residential property insurers, including surplus lines insurers providing residential coverage. Under it, the insurer must:

• Review and acknowledge a claim communication within 7 calendar days, unless payment is made in that time or factors beyond its control cause the failure. This acknowledgment rule does not apply to claimants represented by counsel beyond communications necessary to provide forms and instructions.
• Begin a reasonably necessary 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 them.
• Send you any detailed estimate from its adjuster within 7 days after it is generated.
• Pay or deny the claim, or a portion of it, within 60 days after notice, unless factors beyond its control cause the failure, and explain the basis in writing.

Hurricane Isaias Florida damage: signs it is time for a legal review

• The insurer denied all or part of the claim.
• A payment came in below the insurer's own detailed estimate without a written explanation of the difference.
• The 60-day period passed with no payment or denial.
• A form you were asked to sign mentions your insurance benefits.

Frequently Asked Questions

What should my insurer send me after I report?

Under s. 627.70131(2), unless the insurer reasonably advises the claim appears not to be covered, its acknowledgment of a claim notice must include necessary claim forms and instructions, including a telephone number. An insurer issuing personal lines residential policies must also provide the Homeowner Claims Bill of Rights within 14 days after your initial claim communication.

Can the insurer inspect using photos or video?

Yes. Section 627.70131(3)(d) allows electronic methods such as photos, video, video conferencing or drones, and the insurer may let you use them to assist. It may still send a licensed adjuster to inspect in person. Never submit false or misleading images or information.

Talk to Louis Law Group

If your Hurricane Isaias claim was denied, delayed or underpaid, or you are unsure whether notice was timely, Louis Law Group can review your policy, your dates and the insurer's decision. We are a law firm and do not perform restoration, cleanup 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. For background, read why file a hurricane damage claim in Florida.

This article is general information, not legal advice.