Skip to main contentSkip to main content

Property Insurance

What to Do After a Hurricane or Wind Damage Claim in Florida

A practical guide for Florida homeowners and condo owners in the days and months after a storm.

Josef Timlichman
By Josef Timlichman

·6 min read

The storm passes and the damage comes into focus. Shingles or tiles are in the yard. A ceiling is stained or sagging. Water came through a window frame or a sliding door. The screen enclosure is bent, a fence is down, a tree is on the carport. If the street flooded, the water on the floor may have come from outside, which raises separate coverage questions.

Hurricane claims are different. Thousands of owners file at once, adjusters are stretched thin, and the insurer may later argue that some of the damage was old, was caused by flood rather than wind, or got worse because it was not protected. What you do in the first weeks shapes how those arguments play out.

1. Make the home safe, then record everything before cleanup

Safety comes first. Stay clear of downed lines and do not walk on a damaged roof. Once it is safe, document the property before anything is moved or thrown out. Record video of the outside, then take photos of each side of the house, the roof from the ground, windows, doors, soffits, fences, and the pool area. Inside, photograph every damaged ceiling, wall, and floor, with wide shots of each room and close shots of stains and cracks. Photograph damaged contents before you discard them, and keep a few samples of wet drywall, flooring, or shingles if you can store them.

2. Stop further damage and keep every receipt

Most policies require you to take reasonable steps to protect the property from more damage. That usually means tarping the roof, boarding openings, extracting water, and running fans or dehumidifiers. Photograph the work and keep receipts for tarps, plywood, labor, generators, hotel stays, and meals. If you have to leave the home, additional living expense coverage may apply, and receipts are how you prove it.

3. Report the claim and get your claim number

Report the loss as soon as you can and write down the claim number, the date, and the name of the person you spoke with. Florida allows insurers to "use electronic methods to investigate the loss" (§ 627.70131(3)(d), Fla. Stat.), so be ready to provide clear images. If you have a separate flood policy, report the claim to that carrier too.

“use electronic methods to investigate the loss”

§ 627.70131(3)(d)

4. Pull the policy and the declarations page

Find your full policy and the declarations page, or request them from your agent. Look for the hurricane deductible, which is often a percentage of the dwelling limit rather than a flat dollar amount. Florida requires the dollar value of the hurricane deductible to appear on the declarations page (§ 627.701(4)(b)). Also check law and ordinance coverage and whether the policy pays replacement cost or actual cash value.

5. Separate wind damage from flood damage

A standard homeowners or condo policy typically excludes flood. Flood coverage usually comes through a separate flood policy with its own deadlines. Under the federal Standard Flood Insurance Policy, the policyholder must "send us a proof of loss" within 60 days after the loss (44 C.F.R. Part 61, App. A(1), Art. VII). When wind and water both played a part, the cause of each item of damage matters. An engineer or other qualified professional who inspects early, before repairs, can document wind-driven openings, lifted roof coverings, and interior water paths that support the wind claim.

6. Be present for the inspection and keep a log

Attend the adjuster's inspection if you can. Point out every area of damage, including the attic. Keep a log of each call: the date, the person, and what was said, and confirm important calls by email. Florida requires the insurer to send you a copy of any detailed estimate of the loss within 7 days after its adjuster generates it (§ 627.70131(3)(e)). Ask for it.

7. Be careful with contractors and anything you sign

After a storm, contractors and others knock on doors. For policies issued on or after January 1, 2023, Florida law provides that a policyholder may not assign post-loss insurance benefits, and an attempt to do so "is void, invalid, and unenforceable" (§ 627.7152(13)). Read every contract before signing. If you hire a public adjuster, Florida caps the fee at 10 percent of claim payments for claims made during the year after a declared state of emergency, and 20 percent otherwise, with deductibles excluded (§ 626.854(11)). You may cancel a public adjuster contract without penalty within the time the statute allows (§ 626.854(7)).

“is void, invalid, and unenforceable”

§ 627.7152(13)

The Florida rules that matter after a storm

Notice deadline. A claim or reopened claim is barred unless notice is given to the insurer "within 1 year after the date of loss." A supplemental claim, meaning a claim for additional damage from the same peril, is barred unless notice is given "within 18 months after the date of loss" (§ 627.70132(2)). For hurricanes, "the date of loss is the date that the hurricane made landfall." For tornadoes, windstorms, severe rain, and other weather events, the date of loss is the date the event is verified by the National Oceanic and Atmospheric Administration (§ 627.70132(3)).

Insurer timelines. The insurer generally must acknowledge your claim communication within 7 calendar days, conduct any physical inspection within 30 days after receiving proof-of-loss statements, and pay or deny the claim, in whole or in part, within 60 days after receiving notice (§ 627.70131(1), (3), (7)). These deadlines can be extended by factors beyond the insurer's control, which include a declared state of emergency covered by an order of the Office of Insurance Regulation (§ 627.70131(5)).

Hurricane deductible. For most policies, the hurricane deductible applies annually rather than storm by storm, so a second hurricane in the same year may carry only the unused balance (§ 627.701(5)(a)).

Your coverage stays in place. An insurer may not use claims from an act of God as a cause for cancellation or nonrenewal, unless the insured failed to take reasonably requested steps to prevent a recurrence (§ 627.4133(3)).

Lawsuit deadlines and presuit notice. Before suing, a policyholder must give written notice of intent to initiate litigation at least 10 business days before filing, on a form from the Department of Financial Services (§ 627.70152(3)). The time limit for a lawsuit for breach of a property insurance contract is 5 years, "with the period running from the date of loss" (§ 95.11(2)(e)).

“within 1 year after the date of loss.”

§ 627.70132(2)

“with the period running from the date of loss”

§ 627.70152(3)

Your checklist

  1. Photograph and video all damage, inside and out, before cleanup.
  2. Tarp, dry out, and protect the property, and keep every receipt.
  3. Report the claim to every insurer that may owe, and record the claim number.
  4. Get the full policy and declarations page, and note the hurricane deductible.
  5. Have an engineer or qualified professional inspect before repairs if wind and water are in dispute.
  6. Keep a dated log of every call, email, and inspection, and request the adjuster's estimate.
  7. Mark one year from landfall on your calendar as the outside date for notice.

How we handle these cases

We start with the policy, the declarations page, and every letter the insurer has sent. We look at the damage room by room and cause by cause, and we bring in engineers, independent adjusters, and contractors where the facts call for it. We handle storm claims throughout Florida, from Miami-Dade, Broward, and Palm Beach to Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789 to talk about your claim.

This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

ShareLinkedInEmail