Florida Attorneys and Public Adjusters Work Together: A Winning Team for Insurance Claims
Public Adjusters and Attorneys are integral to protecting Florida homeowners. Public insurance adjusters and property damage lawyers often work together to help maximize the recovery of the client’s insurance claim. The Public Adjuster and the Attorney have separate but crucial roles in the insurance claim process.
A recent study found that public adjusters significantly increased the money a policyholder received from their claim. This report found a 747% increase in insurance payouts from Citizens Property Insurance when a public adjuster was involved. The average storm claims without a public adjuster resulted in a payment of $2,029, compared to a $17,187 payment when a public adjuster was involved. Not limiting the findings to storm claims, data from 2004 also found a 19% increase in claim payments for daily losses. But even with a skilled adjuster, insurers can dig in their heels, make lowball offers, or deny claims outright. That’s when legal expertise becomes essential.
The Florida Advantage
Florida’s unique insurance landscape makes this teamwork incredibly potent. The state’s frequent hurricanes and strict insurance laws, such as caps on adjuster fees (10% for emergency claims and 20% for all other claims), create a system that fosters collaboration. Public adjusters know the local damage patterns and policy quirks, while attorneys leverage statutes like Florida’s bad-faith laws to hold insurers accountable. Together, they turn a daunting process into a manageable one.
Understanding the Roles
Public Adjusters
Who They Are: Public adjusters are licensed professionals who represent policyholders—individuals or businesses—in dealings with insurance companies.
Primary Responsibilities:
- Inspect and document damage.
- Prepare and file the claim on behalf of the policyholder.
- Negotiate with the insurance carrier to secure a fair settlement.
Florida law also caps the fees that public adjusters can charge. Due to the additional work required for these cases, a public adjuster can only be compensated at up to 10% of the final settlement or 20% if it is a reopened or supplemental claim.
Attorneys
Who They Are: In the insurance context, attorneys often specialize in insurance law or related areas, such as property damage, contract disputes, or personal injury. Expert insurance claim lawyers, such as those at Williams Law, P.A., often collaborate with public adjusters who have reached an impasse with the insurance company.
Primary Responsibilities:
- Interpret and apply relevant insurance statutes, regulations, and case law.
- Advise clients on legal aspects of their claims, including potential causes of action or defenses.
- File lawsuits, if necessary, and represent policyholders in court or alternative dispute resolution proceedings.
Why Collaboration Matters
Navigating Complex Insurance Policies
Florida insurance policies can be detailed and complex, especially for homeowners and commercial property coverage. Public adjusters have experience reading policy language, but attorneys are trained to interpret contract wording and state statutes if the language is ambiguous. Working together, they can pinpoint critical legal details and protect the policyholder’s rights.
Efficient Claim Management
- Public adjusters handle much of the day-to-day interaction with the insurance company: preparing estimates, meeting with adjusters from the insurance company, and compiling documentation.
- Attorneys step in if negotiations stall, coverage is denied, bad-faith conduct occurs, or other legal issues arise. This division of labor can increase efficiency and reduce the likelihood of mistakes.
Leveraging Complementary Expertise
- Damage Assessment: Public adjusters conduct detailed on-site evaluations, take precise measurements, and gather all necessary documentation.
- Legal Strategy: Attorneys determine if the insurer’s conduct violates Florida insurance regulations (e.g., Florida Statutes §624 and §626), identify potential contractual breaches, and advise on litigation strategies or settlement negotiations.
Maximizing Recovery
With a thorough understanding of both the factual details (provided by the public adjuster) and legal leverage (provided by the attorney), policyholders are often better positioned to secure a fair settlement. If the claim must proceed to litigation, the attorney is already familiar with the facts and can build upon the work performed by the public adjuster.
When these two professionals collaborate, the policyholder benefits from a comprehensive support system. The public adjuster handles the technical aspects of the claim, ensuring it is accurately documented and submitted for review. In contrast, the attorney ensures that the policyholder’s legal rights are protected and that any disputes with the insurer are addressed in a timely manner.
Common Claims That Benefit from Teamwork
- Hurricane and storm damage
- Roof leaks and collapse
- Water and mold damage
- Fire damage
- Flood and sewer backup
- Business interruption
- Cast iron pipe failures
These high-value claims require attention to detail and legal muscle.
Florida Insurance Claim Lawyers That Work with Public Adjusters
This brings us to how lawyers can help public adjusters and insureds. Let’s take a typical scenario where an insured has a water loss claim and engages a public adjuster to help navigate the claim. As they will often do, the insurance company drags its heels, attempts to pay the claim slowly, and/or doesn’t pay all that is owed.
The lawyer can then assist the public adjuster by filing a Civil Remedy Notice against the insurance company, thereby allowing the insurance company to rectify its improper conduct. Hopefully, the insurance company will do the right thing and pay the total value of the claim. In this scenario, the insured is made whole quickly, the public adjuster has maximized the claim for his client, and everyone moves on. If the insurance company still refuses to cure its wrongful treatment of the claim, it may be time to have a lawyer file a lawsuit to enforce the policyholder’s rights.
Real Benefits for Florida Homeowners
In a state prone to natural disasters, where insurance disputes are rampant, having both a public adjuster and an attorney in your corner can mean the difference between a token payout and a full recovery. Adjusters maximize the claim’s value, while attorneys hold insurers accountable to Florida’s strict insurance laws, like those prohibiting bad-faith delays or denials.
Take Hurricane Ian in 2022: Thousands of Floridians faced claim denials from insurers overwhelmed or unwilling to pay. Public adjusters teamed up with attorneys to challenge these decisions, often turning meager offers into settlements that covered the cost of repairs and lost property. The teamwork paid off, helping homeowners rebuild when they needed it most.
Home Insurance Claim Example:
Imagine a homeowner in Tampa whose property suffers roof damage after a storm. The insurance company offers a $10,000 settlement, claiming the damage is mostly cosmetic. Feeling shortchanged, the homeowner hires a public adjuster who discovers the roof’s underlayment is compromised, doubling the repair estimate to $20,000. Still, the insurer refuses to budge. Enter the attorney, who files a lawsuit citing Florida Statute 627.428, which penalizes insurers for wrongful claim denials and empowers the attorney to hold the insurance company accountable. The case settled for $35,000, which was more than triple the original offer.
This kind of teamwork is increasingly common across Florida, from Tampa to Jacksonville, as policyholders realize they don’t have to face insurance giants alone.
Conclusion
In Florida’s challenging insurance climate, property owners often need the specialized skills of both public adjusters and attorneys. Public adjusters excel at accurately documenting losses and negotiating fair settlements, while attorneys provide the legal expertise to ensure insurance companies adhere to the law and honor valid claims. Together, we form a formidable team to help you achieve the best possible outcome, allowing you to focus on what truly matters: getting your home or business back on track after a loss.