Homeowners are required to have property insurance on their homes to protect them from any type of damage or catastrophe. In Florida, tropical weather and hurricanes cause the most property damage. Homeowners often carry special policies to cover these events.
However, regular property insurance is there to cover any type of casualty events such as fire, sinkholes, and damages caused by accidents or other events.
Is There A Statute of Limitations on Insurance Claims?
When damage occurs to your home, it is natural to automatically file a claim with your insurance company. Homeowners want to have their homes repaired quickly so that they can continue to live in their homes comfortably and safely.
Your insurance company may have a time limit set for you to make a claim for damages as part of the contract. Some companies will require you to make a claim within 30 days, while others will give you up to two years to file a claim. This, however, is part of the contract and has nothing to do with the Florida statutes regarding homeowner insurance claims.
If the insurance company denies your claim, undervalues your claim, or act in any manner that violates the terms of your insurance policy, they are in breach of the contract. At this point, you can seek legal assistance with your claim. When you file a lawsuit against your insurance company, Florida insurance statutes go into effect.
Florida Statute of Limitations on Property Damage
The breach of contract Statute of Limitations in Florida against insurance policies is five years from the date of the incident. This is very important to understand. You do not have five years from the time that you filed against the insurer; you only have five years from the date the damage occurred.
If you fail to file your lawsuit before the homeowner’s insurance claim time limit expires, you will lose your right to file a lawsuit against the insurance company.
When you are battling with the insurance company to cover damage to your home or to act according to the terms of their contract, time can pass quickly. Insurance companies often try to drag out these issues as long as possible, trying to gain protection from Florida homeowner’s insurance laws that restrict the time you can make a claim. This is why it is important to seek legal help as soon as you believe there will be a problem with your claim.
Statute of Limitations on Insurance Claims – Other
The Statute of Limitations on homeowners’ insurance claims does have a few exceptions in Florida. For damage that occurs to your home or property due to a neighboring property has a property damage claim time limit of four years instead of five for other events.
The Statute of Limitations on property damage caused by windstorms or Hurricanes has a much shorter time limit. If your home has been damaged by a tropical storm, hurricane, tornado, or severe thunderstorm, you only have three years from the date the damage occurred to file a lawsuit against your insurance company for breach of contract.
Protect Your Rights When Making a Claim Against Your Homeowners Insurance
Your home is your largest investment. Keeping your home in good repair not only protects that investment, but it also helps keep you and your family safe. Homes that have been damaged and are not properly repaired can be a danger to those living in the home.
As a homeowner, you have purchased homeowners insurance to protect your home in the event of damage from a variety of events. In Florida, you may even carry special riders on your insurance to give you additional protection from tropical storms and hurricanes or sinkholes.
When your home has been damaged, you expect that the insurance company will honor the terms of its policy and repair your home. If they do not honor these terms, as a homeowner, you have the right to file a lawsuit against the insurance company. You have invested greatly in your home. It is only right that when it has been damaged that the insurance policy covering the home cover the necessary repairs to make your home whole again.
When filing a lawsuit, homeowners must take into account the Statute of Limitations for Florida real estate. Depending on the type of event that damaged your home, you will have between three to five years to file a lawsuit against the insurer from the date that the damage occurred.
If you find that you are having trouble with the insurance company when you file a claim, it will always be in your best interest to contact an attorney as soon as possible. Contacting an attorney quickly will allow you to avoid losing your right to file a lawsuit due to the Statute of Limitations.
If you need help with a homeowner’s insurance claim in Florida, contact the attorneys at Landau Law today for a free consultation.
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