Independent Insurance Adjuster Near Me: Who Works for You in Florida

If you are searching for an "independent insurance adjuster near me" after water, wind or fire damage in Florida, first ask who that adjuster works for. An independent adjuster your insurance company assigns to your claim acts on behalf of the insurer, not you. A public adjuster or a lawyer you hire represents you. What you do before and while the restoration crew works helps document your claim.

Who the Insurer's Adjuster Works For

Under section 627.70131, Florida Statutes, a communication made to or by a "representative" of an insurer about a claim counts as a communication to or by the insurer. A representative is any person the insurer has given authority or responsibility to receive or make claim communications on its behalf. So anything you tell the adjuster your insurer sends is treated as telling the insurer.

That section applies to residential property insurers, including surplus lines insurers that provide residential coverage. If the investigation includes a physical inspection, the licensed adjuster assigned by the insurer must give you a printed or electronic document with his or her name and state adjuster license number. Any later communication with you about the claim must also include the name and license number of the adjuster communicating. Keep every one of these.

A public adjuster is hired by the policyholder, and a lawyer you retain represents you. To see how those two roles differ, read how public adjusters compare to insurance lawyers and our overview of public adjusters on Florida property insurance claims.

Step 1: Document the Damage Before Anything Is Removed

Before the restoration crew pulls up flooring, cuts drywall or hauls debris away, take photos and video of every affected room. Capture wide shots, then close-ups. Show water lines, stains, the source of the damage if you can see it, and damaged belongings.

If it is practical, keep damaged materials or samples, such as a section of wet drywall, a piece of flooring or a failed supply line. The Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes, advises policyholders 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.

Step 2: Prevent Further Damage and Keep Every Receipt

The Homeowner Claims Bill of Rights advises you to make and document emergency repairs that are needed to prevent further damage, and to keep all receipts. That is advice, not a statutory duty. Your duty to take reasonable steps to protect the property after a loss comes from your insurance policy, so read the section of your policy that describes your duties after a loss.

Keep a file with every invoice, receipt, estimate and drying log from anyone who works on the property. Save receipts for tarps, fans, dehumidifiers and any hotel or meal costs if you had to leave your home. Write down dates, times and the names of the people you spoke with.

If the damage forces you to leave, the Bill of Rights advises securing the property, turning off gas, water and electricity, and giving your insurance company a phone number where you can be reached.

Step 3: Read the Paperwork Before the Crew Starts

Before any crew begins work, you may be handed a contract, a work authorization or a direct-pay form. Read every page before you sign. If any document mentions your insurance benefits, insurance proceeds or payment from your insurer, ask a lawyer to review it first.

The Bill of Rights advises policyholders to carefully read any contract that requires out-of-pocket expenses or a fee based on a percentage of the insurance proceeds. It also advises contacting your insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors, confirming that a contractor is licensed in Florida, and requiring proof of insurance before repairs begin.

Step 4: Report the Claim Promptly

Report the claim directly to your insurance company as soon as you can. Under section 627.70132, Florida Statutes, a claim or reopened claim under a property insurance policy is barred unless notice was given to the insurer under the terms of 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. These time limits are tolled during a term of deployment to a combat zone or combat support posting that materially affects a servicemember named insured's ability to file. For hurricanes and other weather events, the date of loss is the date of landfall or the date the event is verified by the National Oceanic and Atmospheric Administration.

What Your Insurer Must Do, and When

Section 627.70131 sets these requirements for residential property insurers:

• Acknowledge communications within 7 calendar days after receiving a communication about a claim, unless payment is made within that time or the failure is caused by factors beyond the insurer's control. This acknowledgment requirement does not apply to claimants represented by counsel beyond those communications necessary to provide forms and instructions.
• Begin investigating within 7 days after receiving proof-of-loss statements, unless the policy or law provides otherwise or factors beyond its control prevent it. Any physical inspection must take place within 30 days after it receives the proof-of-loss statements.
• Send you any detailed estimate within 7 days after the insurer's adjuster generates it.
• Pay or deny the claim, or a portion of it, within 60 days after receiving notice of an initial, reopened or supplemental claim, unless the failure to pay is caused by factors beyond the insurer's control. It must explain the basis for its decision in writing.

These requirements are tolled during mediation or other alternative dispute resolution under the policy. They are also tolled if you or your representative fail to provide material claim information within 10 days after receiving the insurer's request. That tolling applies only to requests sent at least 15 days before the payment or denial deadline.

When to Talk to a Lawyer

Consider talking to a lawyer if your claim is denied, if payment is delayed past the timelines above, or if the amount paid does not cover the documented damage. Bring your photos, receipts, estimates and every letter from the insurer and its adjusters.

Frequently Asked Questions

Is the insurer's independent adjuster on my side?

An adjuster the insurer assigns acts for the insurer. Under Florida law, a communication with an insurer's representative about a claim counts as a communication with the insurer. Be accurate and keep a record of what you discuss.

Can I hire my own adjuster or lawyer?

Yes. A public adjuster or a lawyer you hire represents you rather than the insurer. The roles are different, so compare them before deciding which one fits your situation.

Should I sign the restoration company's work authorization right away?

Read it fully first. If it mentions insurance benefits, insurance proceeds or payment from your insurer, ask a lawyer to review it before you sign.

What if my insurer has not paid or denied my claim?

Under section 627.70131, a residential property insurer must pay or deny within 60 days after notice, unless factors beyond its control apply or a tolling condition applies. If that time has passed, talk to a lawyer.

Talk to Louis Law Group

If your Florida property claim was denied, delayed or underpaid, Louis Law Group can review your documents and explain your options. Louis Law Group is a law firm and does not perform restoration, cleanup or repair work. 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.