Your property can be anything from your home and yard to your vehicle or an electronic device. If you claim the item as yours, it’s your property. While just about any type of property can suffer damage from wear and tear, sometimes it’s caused by someone’s negligence.
If you experience property damage through someone else’s fault you may be able to file a compensation claim. In this article, we’re exploring property damage claims so you’re in a better position to recover compensation from the insurance company.
Common Types of Property Damage Claims in Florida
We’re primarily focusing on property damage claims relating to a home and yard. Vehicle damage can be considered a property claim, as noted earlier, but it’s usually covered under personal injury law.
So, with that being said, what are some of the common types of property damage claims in Florida?
Natural Disasters
Florida insurance laws mandate providers must cover property damage caused by windstorms, and this applies whether you’re carrying homeowner’s or renters’ insurance. If your vehicle is on your property and damaged by strong winds, your homeowner’s policy should cover the repairs.
Strong winds aren’t the only storms common in Florida. Hurricanes are an annual threat, even if you live further inland. Once again, damage from wind is covered.
However, it’s a little different when it comes to flooding. Your traditional insurance policy isn’t going to cover damages from flooding, even if it’s caused by a natural disaster like a hurricane. You need to have an additional policy if you want to claim flood damage—this brings us to mold damage.
Water and Mold Damage
While damage from flooding isn’t covered, unless you’re carrying a separate policy, mold may be different. If the mold isn’t caused by flooding, your insurance should cover removal and repair costs.
You do want to report the mold damage as soon as it’s discovered. Waiting and allowing the mold to grow and impact your ability to file a claim. You also don’t want to ignore mold growth since it can be a health hazard.
If you’re wondering if you can file a claim for water damage caused by leaking pipes or sewage lines, the answer is probably no. Most property insurance policies don’t cover any type of water damage. However, if you have flood insurance you can probably file a claim.
Accidental and Intentional Damage
If your property is damaged and the accident isn’t intentional, it is usually covered by insurance, which can include accidentally breaking an expensive vase or ruining white carpeting with a spilled glass of red wine.
If someone purposefully damages your property, you may not be able to file a claim with your insurance provider. However, every policy is different so check with your insurance provider. If your policy doesn’t cover intentional damage, you’re not out of luck. You can file a claim with the at-fault party’s insurance company, and it is usually their home or renter’s insurance.
To successfully file a claim for intentional damages, you need to report the incident. You should probably expect a few visits from insurance adjusters. Both your provider and the defendant’s insurance company will want to assess the damage.
You may need to prepare yourself for a lengthy civil trial, so before you file a lawsuit make sure the damage is worth the legal expense. You’re going to need an attorney if your claim turns into a lawsuit and this can be expensive.
Property Theft
Unfortunately, thieves are always looking for an opportunity to find something to steal and it may be your property. Your homeowner’s or renters insurance should cover any loss of property due to theft.
Your policy probably has caps on damage amounts so read the fine print carefully. To file a claim, you also need to prove the item belongs to you and was stolen from your property.
An easy way of establishing ownership is to list all of your insurable items. Make a copy of the list for your records and send the other one to the insurance company. Some insurance agents require video proof. Grab your cell phone and take pictures of a video of your belongings.
Don’t forget to report the theft; the police may not show up at your door for a simple burglary but you can file a police report online or at the station. This way if you’re the victim of a theft, you’re ready to file a claim with your insurance provider.
Liability Claims
Chances are your homeowners’ or renters’ insurance covers liability claims. If you’re unsure, it’s a good idea to double-check, which is something you want to carry.
Liability insurance works to protect your bank account. If someone is injured on your property, they have the right to seek compensation for their damages, and this means filing a claim against you.
If you don’t have liability insurance, you may be responsible for paying their damages out of your pocket. If you have this type of insurance, the injured party files their claim with your provider.
Statute of Limitations for Property Damage Claims in Florida
The statute of limitations is the time you have to file a property damage claim. In Florida, you have four years to file a claim after experiencing property damage or theft. If you miss the filing deadline, there’s a good chance you’re not going to be able to file a claim. Unfortunately, there really aren’t any exceptions to the statute.
Even filing the claim on time doesn’t guarantee you’ll receive a settlement check. Florida insurance laws allow insurers to withhold settlements for property damage until repairs are completed. Yes, this can be problematic if you depend on the insurance claim to cover repair expenses, but there’s little you can do if the insurance company decides to take advantage of this law.
All you can do is make the repairs, report the work to the insurance company, and wait for your claim to be approved.
Let an Attorney Help With Your Property Damage Claim
Filing a property damage claim shouldn’t be complicated, but the process can be a little difficult to navigate. To help ensure you receive compensation for your property damage, talk to an experienced attorney.
An attorney can guide you through the necessary steps, help you gather and present the required documentation, and advocate on your behalf. Their expertise can make the process smoother and increase the likelihood of a favorable outcome, allowing you to recover the full value of your damaged property.
