When you occur property damage in a storm or other covered loss, you expect your insurance to pay for it. No matter what sort of property it is – but especially if it’s your residence – you want the repairs done quickly. Insurance companies in Florida are required to make decisions regarding coverage within 90 days of the claim being opened.
But what happens if 90 days have passed with no response? If your insurer is dragging its feet, it’s time to speak with a Florida property damage attorney. Klotzman Property Damage Law is here to help.
Understanding the 90-Day Response Requirement
In Florida, insurance companies have in most cases 90 days to decide whether to cover a property damage claim. This 90-day clock starts as soon as the policyholder files the claim. Florida Statute 627.70131 governs this area of insurance law. It reads, in part:
Within 90 days after an insurer receives notice of an initial, reopened, or supplemental property insurance claim from a policyholder, the insurer shall pay or deny such claim or a portion of the claim unless the failure to pay is caused by factors beyond the control of the insurer which reasonably prevent such payment. The insurer shall provide a reasonable explanation in writing to the policyholder of the basis in the insurance policy, in relation to the facts or applicable law, for the payment, denial, or partial denial of a claim.
Further, if the claim is approved, the insurer has 20 days after approval to pay the policyholder. If the insurance company fails to do so, the payout accrues at 12% interest annually.
You should file your claim as soon as you can to get the process started. Document the damage, mitigate any further losses and follow the instructions in your insurance policy. But beware that your insurance company may request additional information close to the end of the 90-day period.
This is often done to extend the deadline and buy the insurance company more time. Meanwhile, the policyholder is left waiting for a coverage decision. If this occurs, contact a knowledgeable Florida property damage attorney.
Why Delays Are Serious Matters in Property Damage Claims?
Property damage is more than an inconvenience. It can also present a legitimate health or safety issue in some cases. If immediate action is not taken to repair the property, its condition could rapidly deteriorate. For example, structural damage to a house can worsen and make the residence uninhabitable. Water damage can develop into mold, which presents a major health hazard.
Insurance companies know how anxious you are to have your property repaired and cleaned up. They understand that you want the work finished so you can move on. Many insurers intentionally delay answering claims, hoping to make the property owner anxious. This makes it more likely that the owner will accept a low settlement offer or simply give up altogether.
This sort of behavior is unacceptable. You don’t have to tolerate your insurance company’s refusal to follow the law and answer your claim within 90 days. Our firm is here to explain your legal options.
Let a Florida Property Damage Attorney Assist You
If you’re facing delays from your insurer, it’s time to speak with an experienced property damage lawyer. Our attorneys can help if your insurance company has failed to respond in 90 days or is otherwise taking too long.
We’re also here to help if the insurer has offered an unreasonably low claim settlement or has denied your claim outright. Give Klotzman Property Damage Law a call today to learn more.
