Water Damage Restoration in Venice, FL: Protect Your Insurance Claim

If you are hiring a water damage restoration company in Venice, FL, start by taking photos and video of the damage before anything is torn out. Report the claim to your insurer promptly, keep every receipt, and read every work authorization or payment form before you sign it. If the insurer later denies, delays or underpays the claim, that is the time to talk to a lawyer.

Louis Law Group is a law firm. We do not do restoration, cleanup or repair work. This guide covers the insurance claim side of a water loss.

Step 1: Photograph and video the damage before anything is removed

Before the crew pulls up flooring, cuts drywall or hauls anything away:

• Take wide shots of each affected room, then close-ups of stains, standing water, warped floors, swollen cabinets and damaged belongings.
• Record a slow video walkthrough and narrate what you see and where the water came from, if you know.
• Photograph the source, such as a failed supply line, water heater or appliance connection.

Florida's Homeowner Claims Bill of Rights advises policyholders to "take photographs or video of damage before and after any repairs to provide to your insurer." For help judging whether your loss is the kind of water damage a policy may address, see what qualifies as water damage in Florida.

Step 2: Take reasonable steps to stop further damage and keep every receipt

Your policy may include a duty to take reasonable steps to protect the property from further damage after a loss. That duty comes from your policy, so read the "duties after loss" section of yours.

Separately, the Homeowner Claims Bill of Rights in section 627.7142, Florida Statutes advises you to "make and document emergency repairs that are necessary to prevent further damage," to keep the damaged property if feasible, and to keep all receipts. That statute applies to insurers issuing personal lines residential property policies in Florida. It gives advice. It does not create the mitigation duty itself.

In practice:

• Shut off the water at the source if you can do so safely.
• Keep every invoice, estimate, drying log, equipment report and receipt, including hotel or meal receipts if you had to leave home.

Step 3: Read any contract or work authorization before you sign

The restoration crew may hand you a contract, a work authorization or a direct-pay form before they start. Read every page. If any document mentions your insurance benefits, your claim proceeds, payment from your insurer, or giving anyone authority over your claim, stop and ask a lawyer before signing.

The Homeowner Claims Bill of Rights also advises you to:

• Contact your insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors.
• Carefully read any contract that requires you to pay out-of-pocket expenses or a fee based on a percentage of the insurance proceeds.

Step 4: Report the claim promptly

Report the loss to your insurer as soon as you can, and file the claim directly with your insurance company, as the Bill of Rights advises. Write down the claim number, the date you reported, and the name of everyone you speak with.

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 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 limits are tolled during any term of deployment to a combat zone or combat support posting that materially affects a named insured servicemember's ability to file. For claims from hurricanes, windstorms, severe rain or other weather-related events, the date of loss is the date the hurricane made landfall or the event is verified by the National Oceanic and Atmospheric Administration.

Those are outer limits. Your policy may also require prompt notice, so do not wait.

What your insurer must do, and when

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

• Acknowledge communications. Within 7 calendar days of receiving a communication about a claim, review and acknowledge it, 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 the communications necessary to provide forms and instructions.
• Begin investigating. Unless otherwise provided by the policy or by law, begin a reasonably necessary investigation within 7 days after receiving proof-of-loss statements, unless the failure is caused by factors beyond its control.
• Pay or deny. Within 60 days after receiving notice of an initial, reopened or supplemental claim, pay or deny the claim or a portion of it, unless the failure to pay is caused by factors beyond the insurer's control.

These requirements are tolled during mediation under s. 627.7015, Fla. Stat., or any alternative dispute resolution in the policy. They are also tolled if you do not provide material claims information the insurer requested within 10 days after the request was received, but only for requests sent at least 15 days before the pay-or-deny deadline. Respond to information requests quickly.

When a denial, delay or underpayment means it is time to call a lawyer

Under s. 627.70131(7)(a), Fla. Stat., the insurer must give you a reasonable written explanation of the basis in the policy for any payment, denial or partial denial. If the payment is less than the insurer's own detailed estimate, it must explain the difference in writing.

Consider talking to a lawyer if:

• Your claim is denied in whole or in part.
• The 60-day period passes with no payment or denial, and no tolling applies.
• The payment does not cover the restoration invoices and repair estimates you have.

Frequently Asked Questions

Should I wait for the adjuster before calling a restoration company?

Your policy may require reasonable steps to prevent further damage, and the Bill of Rights advises making necessary emergency repairs. Document everything with photos and video first, report the claim, and keep all receipts.

What if the restoration company asks me to sign a form about my insurance payment?

Read it carefully before signing. If it mentions your insurance benefits, claim proceeds or authority over your claim, ask a lawyer to review it first.

How long does my insurer have to pay or deny my water damage claim?

For residential coverage, s. 627.70131(7)(a), Fla. Stat., requires payment or denial within 60 days after the insurer receives notice of the claim, unless the failure is caused by factors beyond its control. Tolling for mediation, alternative dispute resolution or unanswered information requests can extend that period.

Talk to Louis Law Group

If your Venice water damage claim was denied, delayed or underpaid, Louis Law Group can review your policy and the insurer's explanation. 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.