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Florida Homeowner Claims Bill Of Rights

If your home was severely damaged in a storm and you’re in the process of filing a property insurance claim, it’s crucial that you know your homeowner’s rights. 

The Florida Homeowner Claims Bill of Rights refers to the insurance claims process, and outlines your rights and responsibilities as a homeowners insurance policyholder, as outlined in s. 627.7142, Florida Statutes.

You Have The Right To

  1. Receive from your insurance company an acknowledgment of your reported claim within 14 days after the time you communicated the claim.
  1. Upon written request, receive from your insurance company within 30 days after you have submitted a complete proof-of-loss statement to your insurance company, confirmation that your claim is covered in full, partially covered, or denied, or receive a written statement that your claim is being investigated.
  1. Within 90 days, subject to any dual interest noted in the policy, receive full settlement payment for your claim or payment of the undisputed portion of your claim, or your insurance company’s denial of your claim.
  1. Receive payment of interest, as provided in s. 627.70131, Florida Statutes, from your insurance company, which begins accruing from the date your claim is filed if your insurance company does not pay full settlement of your initial, reopened, or supplemental claim or the undisputed portion of your claim or does not deny your claim within 90 days after your claim is filed. The interest, if applicable, must be paid when your claim or the undisputed portion of your claim is paid.
  1. Free mediation of your disputed claim by the Florida Department of Financial Services, Division of Consumer Services, under most circumstances and subject to certain restrictions.
  1. Neutral evaluation of your disputed claim, if your claim is for damage caused by a sinkhole and is covered by your policy.
  1. Contact the Florida Department of Financial Services, Division of Consumer Services’ toll-free helpline for assistance with any insurance claim or questions pertaining to the handling of your claim. You can reach the Helpline by phone, or you can seek assistance online at the Florida Department of Financial Services, Division of Consumer Services’ website.

You Are Advised To

  1. File all claims directly with your insurance company.
  1. Contact your insurance company before entering into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors.
  1. Make and document emergency repairs that are necessary to prevent further damage. Keep the damaged property, if feasible, keep all receipts, and take photographs or video of damage before and after any repairs to provide to your insurer.
  1. Carefully read any contract that requires you to pay out-of-pocket expenses or a fee that is based on a percentage of the insurance proceeds that you will receive for repairing or replacing your property.
  1. Confirm that the contractor you choose is licensed to do business in Florida. You can verify a contractor’s license and check to see if there are any complaints against him or her by calling the Florida Department of Business and Professional Regulation. You should also ask the contractor for references from previous work.
  1. Require all contractors to provide proof of insurance before beginning repairs.
  1. Take precautions if the damage requires you to leave your home, including securing your property and turning off your gas, water, and electricity, and contacting your insurance company and providing a phone number where you can be reached.

Schedule A Free Consultation With Tighe P.A.’s Property Insurance Lawyers 

If your insurance company is being difficult after your home suffered damage, or even not willing to pay you the full amount owed by your homeowner’s insurance policy, then you’re going to need the right property insurance lawyer to get you the money you deserve.

Schedule a free consultation with the reliable and experienced property insurance lawyers at Tighe P.A. today.

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