Understanding the Impact of Florida's New Claim Filing Deadlines on Property Owners

Legislative changes in Florida have significantly altered the timeline for filing property insurance claims, affecting business and property owners across the state. These owners now face the challenge of navigating new deadlines and dealing with casualty losses competently and in accordance with changes in the law.  This blog post delves into the implications of these legislative changes and provides insights on how property owners can effectively manage their insurance claims to comply with the newly established deadlines.

Examining the Deadline Shifts

The state of Florida has revised the statutory deadlines for filing property insurance claims through new laws that shorten the time frame for filing a claim.  Aimed at streamlining the claims process, deterring fraudulent activities, and ensuring timely settlements for legitimate claims, these statutory changes require property owners to act swiftly following an incident.  The Florida statute applicable to notice of property insurance claims, Section 627.70132, provides a hard deadline for filing a claim, reopened claim and supplemental claims. A claim or reopened claim is barred unless notice of the claim was given to the insurer in accordance with the terms of the policy within one year after the date of loss. A supplemental claim is barred unless notice of the supplemental claim was given to the insurer in accordance with the terms of the policy within 18 months after the date of loss.  [Note: This section does not affect any applicable limitation on civil actions provided in Section  95.11, Florida Statutes, for claims, supplemental claims, or reopened claims timely filed under Section 627.70132].

However, it must be kept in mind that property insurance policies already require “prompt notice” of a claim, and your policy requires  you to provide notice based on the terms of your policy.  Most are sooner than the statutory deadline.  Its  always best to report your claim as soon as you become aware of it.  Many policies require notice to the insurance company to be given by the insured within three (3) days of a loss.  Others require you  report a claim within 14 days (or other specific time frame), and contain specific deadlines for submitting documents and information to the insurance company thereafter.  If these deadlines are broken by you, it will cause you to fight a defense from your insurance company as you did not comply with the policy you are bound to follow.  

Compliance with the claims deadlines poses a challenge because of the interplay between the insurance policy language and the relevant statute, and can be particularly hard for property owners to comply with because they may not become aware right away that their property suffered a loss. Sometimes  damages and/or ensuing - lingering damage have not yet manifested your view.  For these reasons, it is important to consult skilled and knowledgeable property damage law firm, such as Knoerr Law Group, for expert guidance through the maze of deadlines, duties and obligations that arise from the insurance policy and governing statutes.

Impact of Key Changes

Among the most critical adjustments is the shortened timeframe for initiating a claim after an incident giving rise to a property claim. This change compels property owners to begin their claims process as soon as possible, a daunting task for those dealing with the aftermath of property damage. It highlights the importance of a solid emergency response plan and the need for immediate consultation with a knowledgeable property damage law firm, such as Knoerr Law Group, for expert guidance.

Strategies for Success

Property owners can adopt several strategies to navigate the new deadlines successfully:

1. Inspect your property after an incident.  If a windstorm or other event took place which could have caused damage to your property, it may be advisable to have it inspected to see if you suffered loss and damage from the event.
2. Document Damage Immediately: Thorough and prompt documentation of damage is crucial. Taking photographs, videos, and detailed notes is essential to support your claim.
3. Seek Professional Assessments: Engaging professionals to assess the damage and provide a detailed report is vital. This step is crucial for filing a comprehensive claim and preparing to address any underpayment or denial.
4. Consult Legal Experts: Early consultation with a property damage law firm like Knoerr Law Group can significantly influence the outcome of your claim. Their expertise in insurance negotiations and understanding of new laws can help ensure your claim is filed correctly and within the new deadlines.
5. Maintain Open Communication with Insurers: It's vital to keep open lines of communication with your insurance company. Documenting all correspondence and following up regularly can keep your claim on track.

 

Knoerr Law Group's Role

Specializing in assisting businesses and homeowners across Florida with their property damage claims, Knoerr Law Group brings an in-depth understanding of the new insurance laws and deadlines. The firm is adept at assisting property owners with the claims process, ensuring timely and accurate filings for the best possible outcomes.

Maximizing Chances for a Favorable Outcome

The revised claim filing deadlines in Florida mark a significant shift for property owners tasked with recovering from damage. Understanding these changes and implementing a strategic approach to claims can help property owners navigate the new landscape effectively. Partnering with seasoned professionals like Knoerr Law Group offers the necessary support and expertise to ensure claims are filed within the new deadlines, enhancing prospects for a successful resolution.