New Port Richey Water Damage: Insurance Steps Before Cleanup Begins

If you are looking for water damage restoration in New Port Richey, the water may still be spreading while you read this. Before the crew tears anything out, record the damage, take reasonable steps to keep it from getting worse, read every form you are handed and notify your insurer. These steps help document your claim if the insurer later questions what happened, when it started or what the repairs cost.

Before the Crew Arrives: Record What the Water Did

Once wet drywall, baseboards or flooring go into a dumpster, nobody can inspect them again.

• Start outside the affected area and walk in slowly while recording video. Say the date and describe what you see.
• Take wide photos of every room, then close-ups of water lines on walls, soaked carpet, swollen cabinets and ceiling stains.
• Photograph the source if you can see it: a burst supply line, a leaking water heater, an appliance hose or a roof leak.
• Photograph damaged furniture and belongings before they are moved.
• When practical, set aside a piece of damaged material, such as a section of pad or a cut piece of drywall. Photograph anything that has to be thrown out.

Florida's Homeowner Claims Bill of Rights 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 your insurer" (section 627.7142, Florida Statutes).

While the Fans Run: Limit the Damage and Save the Paper Trail

Shut off the water at the source or the main valve. If outlets or wiring are wet and it is safe, turn off power to that area.

The Bill of Rights advises you to "make and document emergency repairs that are necessary to prevent further damage" and to "keep all receipts." That statute gives advice; it does not create the duty. Any obligation to protect your property from more damage comes from your insurance policy, so find the section that lists your duties after a loss.

Keep one folder, paper or digital, for:

• Every invoice and estimate from the restoration company
• Receipts for tarps, fans, buckets or other supplies you bought
• Hotel, meal or other costs if you had to leave home
• Notes on who came to the house and when

Also read the water wording in your policy. A policy may limit or exclude coverage for water that leaked or seeped over a period of time, and some state a specific number of days. Write down exactly when you first noticed the water, because that date may matter. Our guide on what qualifies as water damage in Florida explains more.

The Clipboard Moment: Forms You Are Asked to Sign

Before drying equipment comes in, a restoration company may hand you a contract, a work authorization or a direct-pay form. Read each page before signing, even if water is still on the floor.

The Bill of Rights advises you to:

• Contact your insurer "before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors."
• Carefully read any contract that requires out-of-pocket expenses or "a fee that is based on a percentage of the insurance proceeds that you will receive."
• Confirm the contractor is licensed to do business in Florida.
• Require proof of insurance before repairs begin.

If any form mentions your insurance benefits, insurance proceeds, payments from your insurer or the company dealing with your insurer for you, pause and ask a lawyer before you sign.

Getting the Claim on File

The Bill of Rights advises you to "file all claims directly with your insurance company." Report the loss as soon as you can, and write down the date, time and claim number.

Florida also sets an outer limit. Under section 627.70132, Florida Statutes, a claim or reopened claim under a property insurance policy, including one from an eligible surplus lines insurer, is barred unless notice was given according to 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. Those limits are tolled during a combat zone or combat support deployment that materially affects a servicemember named insured's ability to file. Your policy may ask for notice sooner, so do not wait.

What Florida Law Requires of Your Insurer

Section 627.70131, Florida Statutes applies to residential property insurers, including surplus lines insurers providing residential coverage. It requires the following:

• Acknowledge. Within 7 calendar days after receiving a communication about a claim, the insurer must review and acknowledge it, unless payment is made in that time or factors beyond the insurer's control cause the failure. This does not apply to claimants represented by counsel, beyond communications needed to provide forms and instructions.
• Investigate. Unless the policy or law provides otherwise, the insurer must begin any reasonably necessary investigation within 7 days after receiving proof-of-loss statements, unless factors beyond its control cause the failure. If the investigation involves a physical inspection, the insurer must conduct that inspection within 30 days after receiving the proof-of-loss statements.
• Share estimates. The insurer must send you any detailed estimate within 7 days after its adjuster generates it. It does not have to create one if it is not reasonably necessary.
• Decide. Within 60 days after receiving notice of an initial, reopened or supplemental claim, the insurer must pay or deny the claim or a portion of it, unless factors beyond its control cause the failure to pay, and explain the basis in writing.

These requirements are tolled during mediation under section 627.7015, Florida Statutes, or a policy's alternative dispute resolution process. They are also tolled if you do not provide requested material claim information within 10 days after receiving the request, until the insurer receives it. That applies only to requests sent at least 15 days before the pay-or-deny deadline.

An insurer issuing a personal lines residential policy must also give you the Homeowner Claims Bill of Rights within 14 days after your first communication about a claim.

Signs It Is Time for Legal Help

Consider talking with a lawyer if your claim is denied in whole or in part, if a payment falls short of your restoration invoices or the insurer's own estimate, if the deadlines above pass without a decision, or if you are asked to sign anything involving your insurance benefits.

Frequently Asked Questions

Can the restoration crew start before the adjuster inspects?

Taking reasonable steps to prevent further damage is advised, and your policy may require it. Document everything with photos and video before materials are removed, and keep samples when practical, so a record exists after tear-out.

Does my insurer have to inspect in person?

Not always. Section 627.70131 allows insurers to investigate using electronic methods, such as photos, video or video conferencing. It does not prohibit the insurer from also sending a licensed adjuster to inspect in person.

What should a partial payment include?

If a payment is not the full and final payment, section 627.70131 requires a printed statement that the insurer is continuing to evaluate the claim and may issue additional payments.

Is mediation an option for a disputed water claim?

Under section 627.7015, Florida Statutes, state mediation is available for claims under personal lines and commercial residential policies, subject to the conditions and exceptions in that statute.

Talk to Louis Law Group

Louis Law Group is a law firm. We do not perform restoration, drying or cleanup work. If your New Port Richey 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.