A palm tree getting blown around by hurricane Zeta as waves crash onto the shore

Miami Hurricane Damage Lawyer

If you own property in Miami, you know how devastating hurricanes can be. Each year, residents brace for the Atlantic hurricane season, hoping their homes and businesses will be spared. Unfortunately, even the most prepared property owners can suffer serious damage when a major storm strikes. When that happens, you count on your insurance company to fulfill its promise to help you rebuild and recover. But too often, that promise is met with delays, underpayments, or denials. At the Law Offices of Gonzalo Funes, PA, we are dedicated to fighting for property owners, and we stand ready to fight for you, too. Contact a dedicated Miami property damage lawyer from our firm to discuss your hurricane damage claim today.

Common Types of Hurricane-Related Property Damage

Hurricanes can leave behind destruction that affects every part of a property, from the roof to the foundation. In Miami, some of the most common types of hurricane-related property damage include the following:

  • Roof damage: High winds can tear off shingles, tiles, or entire sections of roofing, leaving the structure vulnerable to water intrusion.
  • Water damage: Heavy rains and storm surges can lead to flooding, soaked walls, warped floors, and mold growth.
  • Window and door damage: Flying debris or extreme winds can break windows and doors, exposing the interior of your home or business.
  • Structural damage: In more severe storms, the force of the wind can compromise walls, foundations, or even collapse parts of the building.
  • Damage to personal property: Furniture, electronics, appliances, and other personal belongings can be ruined by water or impact damage.

Understanding Your Property Insurance Policy

Many homeowners and business owners only review their insurance policies after disaster strikes. Unfortunately, this can lead to surprises at the worst possible time. Most property insurance policies in Florida cover hurricane damage, but there are important limitations and conditions.

For example, most policies include a separate hurricane deductible. This deductible is often much higher than the standard deductible for other types of claims. It is typically calculated as a percentage of the property’s insured value rather than a flat dollar amount.

In addition, flood damage caused by rising water or storm surge is usually not covered under standard property insurance policies. Flood insurance is a separate policy, often purchased through the National Flood Insurance Program (NFIP).

Understanding your policy also means knowing what is required of you. Many policies include strict deadlines for reporting damage, submitting documentation, and making temporary repairs to prevent further harm.

If you have questions about what your policy covers or whether certain damage should be paid by your insurer, it is wise to consult with an experienced hurricane damage claim lawyer.

Steps to Take After Hurricane Property Damage

What you do in the hours and days after a hurricane can make a significant difference in your claim. Here are important steps to take if your property is damaged:

  1. Document everything. Take photos and videos of the damage, both inside and out. The more evidence you have, the stronger your claim will be.
  2. Make temporary repairs. If it is safe to do so, take steps to prevent further damage. This might include covering holes in the roof or boarding up broken windows. Save receipts for any materials or labor.
  3. Report the claim promptly. Notify your insurance company as soon as possible. Most policies require prompt notice of a loss.
  4. Keep detailed records. Write down the names of any insurance company representatives you speak with. Keep copies of emails, letters, and estimates.
  5. Avoid discarding damaged items right away. Your adjuster may want to inspect these items before you dispose of them.

These steps can help preserve your rights and make sure your insurance company has no reason to delay or deny your claim.

Common Issues in Hurricane Damage Claims

Sadly, many property owners in Miami face challenges when dealing with insurance companies after a hurricane. Some of the most common issues include the following:

  • Underpayment: The insurance company may offer far less than what it will cost to repair or replace damaged property.
  • Delays: Adjusters may take weeks or even months to assess the damage and issue payment, leaving property owners struggling to make repairs.
  • Denials: The insurer may argue that the damage was pre-existing, not caused by the hurricane, or excluded under the policy terms.
  • Disputes over the cause of damage: Insurers may claim that water damage was due to flooding rather than wind-driven rain, which can affect whether it is covered.

The Claims Process Timeline

Florida law sets certain standards for how insurance companies must handle hurricane damage claims. While the exact timeline can vary depending on the complexity of the claim, here is a general overview:

  • Within 14 days of receiving your claim, your insurer must acknowledge receipt and begin investigating.
  • Within 30 days of receiving your proof of loss, the insurer must begin payment unless the claim is denied.
  • Within 90 days, the insurance company is required to pay or deny the claim in full, unless there are circumstances beyond their control.

Keep in mind that these deadlines are designed to protect policyholders, but insurers sometimes fail to meet them. When that happens, you may have legal remedies available to you, including potential entitlement to interest or attorney’s fees.

Tips for Strengthening Your Hurricane Damage Claim

There are steps you can take before, during, and after a storm that can make your claim stronger and more likely to succeed. These steps are as follows:

  1. Review your insurance coverage annually. Make sure your policy limits reflect the current value of your property and that you have sufficient coverage for hurricanes and floods.
  2. Keep an up-to-date home inventory. Document your personal property, including photos, serial numbers, and receipts where possible.
  3. Hire independent professionals if needed. A public adjuster or contractor can provide their own estimate of the damage, which can help if your insurance company’s adjuster undervalues your claim.
  4. Be persistent. Stay in regular communication with your insurance company. Follow up if you do not receive updates.
  5. Contact an experienced attorney. The earlier you get legal help, the more options you may have for addressing delays, denials, or lowball offers.

Contact a Hurricane Damage Lawyer in Miami Today

At the Law Offices of Gonzalo Funes, PA, we understand how stressful and overwhelming it can be to deal with hurricane damage and an uncooperative insurance company at the same time. Our firm is dedicated to helping property owners get the compensation they need to rebuild and move forward.

If you are struggling with your hurricane damage claim, or if you just want guidance from the start, contact a lawyer from our firm today for a consultation. Let us help you protect your rights and get the recovery you deserve.

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