Hurricanes, tropical storms, and severe thunderstorms cause a tremendous amount of property damage in the state of Florida. Indeed, in the year 2016, the state of Florida sustained nearly $1.5 billion in total losses due to hurricanes alone.
Under Florida law, property owners have limited time to bring legal action in relation to hurricane damage or windstorm damage. In 2011, the Florida legislature enacted new rules for these cases. Here, our Broward County first party dispute lawyers discuss the important Florida statute of limitations for these types of cases.
Florida Law: Time Limits on Hurricane and Windstorm Damage Claims
Section 627.70132 of the Florida State Statutes, which went into effect on June 1st, 2011, limits how long property owners have to bring a wind damage claim or a hurricane damage claim. More specifically, property owners only have three years from the date the hurricane made ‘landfall’ or the windstorm caused the damage, to file their claim.
If action is not taken within this time frame, then property owners will likely lose out on their right to bring any claim at all. Do not let this happen to you. You do not want to lose out on your claim right due to a legal technicality. Please be sure to take action as soon as possible. If the insurance company is not handling your claim to your satisfaction, you should get your case into the hands of a qualified attorney without delay.
Time Limits for ‘Supplemental’ and ‘Reopened’ Claims
It is important to note that this section of Florida law also applies to supplemental claims and reopened claims. These terms refer to claims that generally stem from the insurance company’s failure to fully investigate the initial property damage. In some cases, an insurance company’s lack of investigation at the beginning of the process can lead to delays and can result in property owners feeling considerable time pressure as their claim drags on. This is why it is imperative to act quickly. You do not want legal deadlines to be an issue in your case.
Florida Statute of Limitation on Other Property Damage Claims
Under Florida Statute 95.11, property owners have five years to take legal action for all other damage claims. Once again, if you fail to bring your claim within the time mandated by the statute, you will likely lose out on your rights. Unlike other types of breach of contract claims, the date of the five-year clock for property insurance claims begins to run from the date of the loss, not from the date on which the contract was actually ‘breached’ by the insurer.
Was Your Property Insurance Claim Denied?
Our highly qualified Fort Lauderdale property insurance attorneys can help. At Geyer Fuxa Tyler, we represent homeowners and business owners throughout Broward County, including in Miramar and Deerfield Beach. To find out more about what we can do for you, please call our team today at (954) 990-5251 to request a free review of your case.
Resource:
orlandosentinel.com/weather/hurricane/os-hurricane-damage-20161216-story.html
