Most Florida Policyholders Need to Hire a Lawyer for Wind Damage Claims
Wind damage is a common and costly issue for homeowners in Florida, particularly given the state’s susceptibility to hurricanes and tropical storms. Unfortunately, many homeowners find their wind damage insurance claims denied or underpaid, leaving them to cover substantial repair costs out of pocket. Understanding the reasons behind these denials can help homeowners better navigate the claims process and advocate for their rights.
Wind Damage Is Common, but Claims Are Often Disputed
In Florida, wind damage can range from minor roof damage to complete structural failure, and it is a frequent occurrence during hurricane season. Despite the prevalence of wind-related claims, insurance companies often dispute the extent of the damage or blame it on wear and tear rather than the storm itself.
Common Types of Wind Damage:
- Roof Damage: High winds can blow away or severely damage shingles, tiles, or sections of your roof.
- Siding and Exterior Damage: Siding, windows, and doors can be damaged by flying debris or the force of strong winds.
- Water Intrusion: Wind damage can lead to water infiltration, which can cause significant interior damage to your home.
Regarding wind damage claims, insurance companies are vested in minimizing their payouts. They may deny claims based on technicalities, such as claiming the damage was caused by factors excluded from the policy or offer a settlement that doesn’t cover the full cost of repairs.
Common Tactics Used by Insurance Companies:
- Claim Denials: Insurers may argue that the damage was caused by wear and tear or inadequate maintenance rather than wind from a storm, leading to claim denials.
- Lowball Settlements: The insurance company may offer a low settlement that only covers a portion of the necessary repairs, leaving you to pay out of pocket for the rest.
- Depreciation: Some policies include provisions that reduce the payout based on the age or condition of the damaged property, offering less than the full replacement cost.
Understanding Wind Damage Coverage in Florida
Most standard homeowners insurance policies in Florida cover wind damage, but understanding the terms and limitations of your policy is essential. Many policies include specific deductibles and exclusions that can impact your claim, particularly regarding hurricane-related wind damage.
Key Terms to Know:
- Hurricane Deductibles: Florida policies often include a higher deductible for hurricane-related wind damage, which can be a percentage of your home’s insured value. Understanding this deductible is crucial when assessing the costs of repair.
- Exclusions: Some policies may exclude certain types of wind or water damage resulting from wind, particularly if the damage was deemed preventable.
- Replacement Cost vs. Actual Cash Value: Unless your policy specifies otherwise, the payout you receive may be based on the damaged property’s actual cash value (depreciated value) rather than the full replacement cost.
Understanding Wind vs. Water Damage
Wind Damage
Wind damage typically involves physical harm caused by high winds. This includes:
- Structural Damage: Shingles torn off roofs, damaged siding, or broken windows.
- Exterior Damage: Broken fences, uprooted trees, or debris impacting your property.
- Interior Damage: Damage to the interior of your home caused by breaches in the exterior due to wind.
Water Damage
Water damage, on the other hand, is generally caused by flooding, heavy rain, or storm surges. This includes:
- Flooding: Water entering your property from outside, often due to heavy rain or storm surges.
- Interior Water Damage: Damage to interiors, including walls, floors, and furniture, due to water intrusion.
- Mold and Mildew: Water damage that leads to mold growth or deterioration of building materials.
Insufficient Documentation and Evidence
Lack of Detailed Documentation
One of the most common reasons for claim denial is insufficient documentation. Insurance companies require detailed evidence of the damage to assess and validate claims. If homeowners fail to provide adequate photos, videos, and written descriptions of the damage, the insurer may deny the claim because the damage was not properly substantiated.
How to Document the Damage
Photographs
- Wide-Angle Shots: Take wide-angle photos of the damaged area to provide context and capture the overall impact of the wind damage on your property.
- Close-Ups: Take close-up photos of specific damage, such as torn roof shingles, broken windows, and damaged siding. Ensure these photos are clear and detailed.
- Date and Time Stamps: If possible, use a camera or smartphone that includes date and time stamps to establish when the damage occurred.
Videos
- Overview Videos: Create video footage of the damaged areas, moving slowly to capture the extent of the damage. Narrate the video to describe what is shown and any relevant details.
- Interior and Exterior: Document both interior and exterior damage to provide a comprehensive view of the impact.
Written Descriptions
- Detailed Accounts: Write detailed descriptions of the damage, including the location, extent, and any visible impacts on the property. Include any noticeable issues, such as leaks or breaches.
- Damage Timeline: Create a timeline of events, including when the storm occurred, when you first noticed the damage, and any interim actions taken.
Policy Exclusions and Limitations
- Exclusions for Certain Types of Damage: Insurance policies often contain specific exclusions and limitations that can affect coverage. For example, many homeowners insurance policies in Florida exclude coverage for damage caused by flooding, even if the flood results from a hurricane. Homeowners who do not have separate flood insurance may find their claims denied if the damage is attributed to water intrusion rather than wind.
- Wind-Driven Rain Exclusions: Another common exclusion in insurance policies is for wind-driven rain. This occurs when wind forces rain through small openings in the building’s exterior, causing interior damage. Many policies specifically exclude coverage for this type of damage unless the exterior of the building is first damaged by wind.
- Hurricane Deductibles: Many insurance policies in Florida have separate hurricane deductibles, often higher than standard deductibles. Claims can be denied if the damage does not exceed this deductible or if policyholders are unaware of these terms and fail to meet the necessary conditions for coverage.
Wind vs. Water – Don’t Let One Insurance Carrier Blame the Other
Blame Shifting
When a storm causes wind and water damage, insurance carriers may dispute which type of damage is responsible for the loss. One carrier might argue that the damage is primarily due to wind, while the other might claim it is due to water, leading to blame-shifting and potential delays in your claim.
One of the most frustrating aspects of dealing with wind and water damage claims is the potential for insurance carriers to shift blame. For instance:
- Wind Insurance: Your wind insurance carrier may argue that the damage was caused by water not covered under your wind policy.
- Water Insurance: Conversely, your flood insurance carrier might contend that the damage was caused by wind, which is not covered under your flood policy.
This blame-shifting can lead to significant delays and complications in resolving your claim. If you are caught in a dispute between insurers, consult with Williams Law, P.A., and we can provide the support needed to navigate these challenges and protect your rights.
Disputes Over Damage Assessment
- Differing Assessments of Damage Extent: Insurance adjusters and homeowners may have differing opinions on the extent of the damage. Insurance companies may downplay the severity of the damage to minimize the payout. For instance, they might classify a severely damaged roof as needing minor repairs instead of a full replacement, leading to a lower compensation offer.
- Pre-Existing Damage Claims: Insurers often argue that the damage claimed was pre-existing or resulted from wear and tear rather than a specific wind event. If there are signs of pre-existing damage, such as old roof leaks or deteriorating structures, the insurance company may use this as a basis for denying the claim.
Failure to Follow Policy Requirements
- Delayed Reporting: Most insurance policies have specific requirements for reporting damage within a certain timeframe. Delayed reporting can result in a denial, as the insurer may argue that the delay prevented them from properly assessing the damage or that the damage worsened due to the delay.
- Lack of Mitigation Efforts: Homeowners are generally required to take reasonable steps to mitigate further damage after an incident. For example, if a roof is damaged, the homeowner should cover the damaged area to prevent water from entering the home. Failure to do so may result in the denial of a claim, as the insurance company may argue that the homeowner’s negligence contributed to the damage.
Misinterpretation of Policy Terms
Ambiguous Policy Language: Insurance policies can be complex and filled with legal jargon. The homeowner or the insurance company can misinterpret the policy’s terms and conditions, leading to disputes. Insurers may interpret policy language to limit their liability, while homeowners may misunderstand the scope of their coverage.
Insurance policies are notorious for their complex language and fine print. What seems straightforward may include exclusions, limitations, and technical terms that can be challenging to interpret. Our expert insurance claim lawyers specialize in wind damage claims and can help you understand your policy’s terms, including what is covered, what is excluded, and how to present your claim best.
Hiring a Lawyer Levels the Playing Field
Navigating the insurance claims process can be overwhelming, especially when dealing with the aftermath of a storm and trying to repair your home. Insurance companies have teams of adjusters, experts, and lawyers working to protect their interests. Without legal representation, homeowners often find themselves at a disadvantage.
Here’s how hiring a lawyer helps level the playing field:
- Understanding Your Policy: Lawyers can interpret the complex language of your insurance policy and ensure that you understand what’s covered and what isn’t.
- Negotiating a Fair Settlement: Attorneys are skilled negotiators who can challenge lowball offers and present evidence to secure a fair payout.
- Dealing with Bad Faith Practices: If the insurance company is acting in bad faith—delaying your claim, denying it without cause, or underpaying—an attorney can hold them accountable through legal action.
- Providing Expert Testimony: Lawyers can work with independent experts, such as contractors or engineers, to assess the damage and provide testimony that supports your claim.