Water Damage Cleanup Near Me: Claim Checklist for Florida Owners

If water is on your floor and you are searching for water damage cleanup near me, you can protect your insurance claim while you wait for a crew. Before anyone removes wet materials, record the damage on your phone, report the loss to your insurer and read any paperwork before you sign it. Louis Law Group is a Florida law firm, not a cleanup company, so this checklist covers only the claim side.

While you wait for the crew: record the scene

Your phone is the first tool you need. Once wet drywall, carpet or cabinets are removed, nobody can photograph them in place again.

• Start at the entrance and take video of each affected room. Include ceilings, baseboards and floors.
• As you record, say out loud the date and what you see.
• If it is safe, show where the water came from, such as a pipe, appliance or ceiling stain.
• Photograph damaged belongings before anyone moves them.
• When practical, bag and keep a piece of what failed or what got soaked, such as a cracked supply line or a corner of carpet pad.

Section 627.7142, Florida Statutes, requires an insurer issuing a personal lines residential property policy in Florida to give the policyholder a Homeowner Claims Bill of Rights within 14 days after receiving an initial communication about a claim. That document advises you to keep the damaged property if feasible, keep all receipts, and take photos or video of the damage before and after any repairs. This is advice. The statute says the Bill of Rights does not create a civil cause of action.

Call your insurer, not only the cleanup company

The Bill of Rights advises you to file all claims directly with your insurance company. It also advises you to contact your insurer before entering into any contract for repairs, to confirm any managed repair policy provisions or optional preferred vendors. Write down your claim number and the name of each person you speak with.

Florida law also sets outer limits for notice. 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 in accordance with the terms of the policy within 1 year after the date of loss. For a supplemental claim, the limit is 18 months after the date of loss. These limits are tolled during any deployment to a combat zone or combat support posting that materially affects a servicemember named insured's ability to file. For losses from hurricanes, windstorms, severe rain or other weather-related events, the date of loss is the date of landfall or the date the event is verified by the National Oceanic and Atmospheric Administration. Do not wait for these deadlines. If you report early, the insurer can still see the damage.

Let the crew stop the spread, and keep the paper trail

Your duty to take reasonable steps to protect the property from more damage comes from your insurance policy, so check the section that lists your duties after a loss. Separately, the Bill of Rights advises you to make and document emergency repairs that are necessary to prevent further damage.

Keep a folder, paper or digital, with:

• Every invoice, estimate and receipt from anyone who works on the home.
• Receipts for fans, tarps, dehumidifiers or other supplies you buy.
• Any moisture readings or job notes the crew gives you.
• A log of dates, times and conversations.

If you have to leave the home, the Bill of Rights advises you to secure the property, turn off gas, water and electricity, and give your insurer a phone number where you can be reached.

Before you sign anything on the crew's clipboard

A crew may ask you to sign a contract, work authorization or direct-pay form before it starts. Read every page. Look for the scope of work, the price, what you may owe out of pocket, and any wording about your insurance benefits, insurance proceeds or payments from your insurer.

The Bill of Rights advises you to carefully read any contract that requires out-of-pocket expenses or a fee based on a percentage of your insurance proceeds. It also advises you to confirm the contractor is licensed to do business in Florida through the Florida Department of Business and Professional Regulation, and to require proof of insurance before repairs begin.

If a document mentions your insurance benefits or payment from your insurer, have a lawyer review it before you sign. Keep a copy or photo of every page you sign.

What your insurer has to do after you report

Section 627.70131, Florida Statutes, applies to residential property insurers, including surplus lines insurers that provide residential coverage. Under it:

• The insurer must review and acknowledge a communication about your claim within 7 calendar days, unless it pays within that time or factors beyond its control cause the failure. Beyond the forms and instructions it must send, this rule does not apply to claimants who have a lawyer.
• Unless the policy or law provides otherwise, the insurer must begin its investigation within 7 days after receiving proof-of-loss statements, unless factors beyond its control cause the delay. Any physical inspection must happen within 30 days after it receives those statements. The adjuster must give you their name and state adjuster license number.
• The insurer must send you any detailed estimate within 7 days after its adjuster generates it.
• 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. It must explain the basis for its decision in writing. This 60-day rule covers residential coverage claims and certain commercial claims for structures or premises of 10,000 square feet or less.

These requirements are tolled during state mediation or contractual alternative dispute resolution. They are also tolled if you do not provide requested material claim information within 10 days. That tolling applies only to requests sent at least 15 days before the pay-or-deny deadline. It ends when the insurer receives the information.

When the claim needs a lawyer's review

Consider talking to a lawyer if:

• The insurer denied all or part of the claim.
• The 60-day period passed without a payment or denial, and no exception appears to apply.
• The payment is less than the insurer's own detailed estimate. The insurer must explain that difference in writing.
• Someone asked you to sign a document that mentions your insurance benefits.

Not sure whether the loss is covered? Read what qualifies as water damage in Florida.

Frequently Asked Questions

Can cleanup start before the adjuster visits?

Your policy may require reasonable steps to prevent further damage. The Bill of Rights advises you to make and document emergency repairs that are necessary. Record photos and video first, report the claim and keep every receipt so the insurer can see what was done and why.

What should I do with the wet materials the crew removes?

Photograph them before they leave the house. When feasible, keep samples, such as a section of drywall, carpet pad or the failed part. The Bill of Rights advises you to keep damaged property if feasible.

Do I have to use a cleanup company my insurer suggests?

It depends on your policy. The Bill of Rights advises you to contact your insurer before signing a repair contract, to confirm any managed repair provisions or optional preferred vendors. Read your policy and ask your insurer to answer in writing.

Talk to Louis Law Group

If your Florida water damage claim was denied, delayed or underpaid after cleanup, Louis Law Group can review your policy, photos, receipts and the insurer's letters. 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.