Florida has more hurricane damage claims per year than any other state, and Florida homeowners are also the most likely to walk away with less than their policy actually owes them. Missed deadlines, incomplete documentation, and pressure to settle fast account for most of that gap.
This guide covers the full process from the day the storm passes through settlement or, when necessary, litigation. Read it before you call your insurer.
Know Your Deadlines First
Florida Statutes §627.70132 gives you one year from the date of loss to file an initial hurricane damage claim. Supplemental claims, which cover damage discovered after your original filing, carry an 18-month deadline from that same date. Miss either window and the insurer can close the door on your claim without reviewing a single photo.
The date of loss is the date the hurricane made landfall according to the National Hurricane Center, not the date you found the damage. A roof leak you noticed three months after a storm still traces back to landfall day. The clock started then.
These deadlines are far tighter than they used to be. Before 2022, Florida homeowners had three years to file hurricane-related claims. The legislature cut that to one year. If your memory of past storms is shaping your expectations here, reset it.
One more number worth knowing, you have five years from the date of loss to file a lawsuit against your insurer for a delayed or underpaid claim. Five years sounds generous until you factor in appeals, appraisal proceedings, pre-suit notice requirements, and negotiations. Starting earlier than you think you need to is the right call.
Document the Damage Before the Adjuster Arrives
Do not wait for the insurance company's adjuster to assess your property. By the time they show up, your own documentation should already be complete.
The moment it is safe to return, start photographing and filming. Every room. The attic. The crawl space. Gutters, siding, roof edges, window frames, and fascia boards. Pull back wet insulation where you can do so safely. Check inside cabinets under sinks, along baseboards, and around water heaters. Damage hides in places adjusters skip.
Shoot everything from multiple angles, get close-ups of each specific impact point, and timestamp your photos. Back them up off-device immediately. Create a written inventory of damaged personal property with descriptions, purchase dates, and estimated values. Hold on to damaged materials until the adjuster has seen them. Throwing things out before inspection gives the insurer grounds to dispute those losses.
If the storm made your home unlivable, save every receipt from the moment you left hotels, meals, transportation, laundry. Most homeowners policies carry additional living expenses coverage, and those costs are recoverable if you document them.
Why Your Documentation Matters More Than the Adjuster's
The adjuster your insurer sends to inspect your property works for the insurance company. Their job is to assess damage accurately, but they are also working through dozens or hundreds of properties after a major storm. What gets missed in that process does not get paid. Your documentation is the check on their work.
If the adjuster's estimate comes back lower than your contractor's assessment, your photos, written inventory, and repair quotes are the foundation of your challenge. Adjusters who rush through inspections leave gaps. Those gaps cost homeowners money when there is no independent record to fill them.
Step 2: Understand What Your Policy Covers Before You File
Most Florida homeowners carry a windstorm policy that covers damage from hurricane-force winds. Standard homeowners insurance does not cover flood damage. These are two separate coverages even when a single storm produces both types of damage, and the distinction costs Florida homeowners millions in denied claims every year.
Wind vs. Water: Why the Difference Matters
After a hurricane, insurers sometimes attribute property damage to flooding rather than wind in order to avoid paying under the windstorm policy. This is a significant dispute in Florida claims, particularly for properties near the coast where storm surge and wind damage occur together.
In early 2025, the Florida Insurance Commissioner issued a directive warning insurers against using anti-concurrent causation policy language as a blanket reason to deny claims involving both wind and water damage. If your adjuster attributes your damage entirely to flooding without a thorough investigation, push back before accepting that determination. Get an independent contractor or engineer to assess the cause.
Hurricane Deductibles Are Not Flat Dollar Amounts
Florida law requires insurers to offer hurricane deductibles as a percentage of your dwelling coverage, not a fixed figure. A home insured for $400,000 with a 2 percent hurricane deductible carries an $8,000 out-of-pocket threshold before coverage applies. That number goes to $20,000 at 5 percent and $40,000 at 10 percent.
Pull out your declarations page and find your hurricane deductible before you file. For smaller damage, this calculation determines whether a claim is financially worth pursuing. For major damage, it sets your baseline expectation for what the payout should cover.
Step 3: File Your Claim Before You Have All the Answers
A common mistake Florida homeowners make is waiting for a full contractor estimate before notifying their insurer. Don’t do this. Florida law requires timely notice, and the one-year clock is already running.
You don’t need a complete damage assessment to open a claim. You only need to notify the insurer that a covered event occurred and that your property sustained damage. The estimate, the adjuster visit, and the documentation review come after. File the notice now and build the supporting materials in the days that follow.
When you call, have your policy number ready. Write down the full name of every person you speak with, the date, the time, and a summary of what was discussed. Request a claim number and ask for written confirmation that the claim has been opened. Follow up every phone call with an email recap so there is a written record of what was said.
The Insurer's Legal Timeline
Florida law sets specific deadlines for how insurance companies must handle your claim once it is filed. Your insurer must acknowledge the claim within 14 days of receiving notice. They must make a coverage determination and either pay or formally deny the claim within 90 days. If they have not paid or denied within 60 days, interest begins accruing on the outstanding amount.
These are legal obligations under Florida Statutes §627.70131. Track the dates from the moment you file. When an insurer blows past these windows, it matters in any subsequent dispute.
Step 4: Handle the Adjuster Inspection the Right Way
Be present when the insurance company's adjuster visits your property. Do not leave them to walk through alone.
Walk the adjuster through every area you documented. Show them the attic. Show them the water intrusion behind the drywall. Point out the damaged gutters and the cracked window caulk. If they move quickly through an area, follow up in writing after the visit confirming which areas were inspected and which were not.
Getting an Independent Assessment
If the adjuster's written estimate comes back lower than your contractor's quotes, you are not required to accept it. You have the right to hire your own contractor or a licensed public adjuster to perform an independent damage assessment. That independent estimate becomes part of your claim record.
You also have the right to invoke the appraisal clause in your policy. Most Florida homeowners policies include this provision. If the dispute is about how much the covered damage is worth, not whether it is covered, appraisal allows each side to appoint an appraiser and agree on a neutral umpire whose decision is binding. Appraisal is often faster than litigation and produces a better result than the insurer's initial offer.
Step 5: Watch for Damage That Appears After the Inspection
Hurricane damage does not always reveal itself immediately. Roof leaks can take weeks to appear as ceiling stains. Mold develops behind drywall over months. Structural shifts from wind load are sometimes subtle enough to miss until a follow-up inspection.
Florida's 18-month supplemental claim window exists precisely because of this. If you discover additional damage after your original claim has been processed, you can file a supplemental claim for those losses as long as you do so before the window closes.
Treat a supplemental claim the same way you treated the original. Document the new damage thoroughly, get a contractor's assessment, and submit the notice in writing. The same deadlines and the same documentation standards apply.
Step 6: Review the Settlement Offer Carefully Before You Sign Anything
When your insurer makes a settlement offer, read every line before responding. Compare the dollar figure to your independent contractor estimates. Verify whether the payment covers replacement cost or actual cash value, which is replacement cost minus depreciation. Confirm that every item in your documentation is addressed in the offer.
Low initial offers are standard practice in catastrophe claims. Adjusters working a storm-impacted zone are closing files fast, and the initial number reflects that pressure. An offer that comes in well below your contractor's estimate is not necessarily the insurer's final position.
You can negotiate directly, invoke the appraisal clause, or bring in an attorney to challenge the offer. Signing a settlement agreement typically closes out your right to pursue additional recovery, so do not rush. If anything feels off about the offer, get a second opinion before putting pen to paper.
When to Call a Property Damage Attorney
Some hurricane claims are straightforward enough that a homeowner can handle them with careful documentation and follow-up. Others are not. The following situations call for legal help before you take another step:
- Your claim has been denied. The adjuster is attributing your damage to flooding rather than wind without a thorough investigation. The settlement offer is significantly below what repairs will actually cost. Your insurer has missed Florida's statutory response deadlines. You have found additional damage after a settlement was already reached. Someone is pressuring you to sign a release quickly.
- A property damage attorney can do everything a public adjuster can do and can also file a lawsuit when the insurer refuses to engage fairly. That distinction matters. When an insurer knows an experienced attorney is involved, the calculation on their end changes.
At Cernitz Law, we spent years representing insurance companies before switching sides. We know how carriers build their cases, which policy language they rely on to justify denials, and where those arguments break down under scrutiny. We bring that knowledge to every claim we handle.
There’s no fee unless we recover for you.
A Timeline for Managing Your Hurricane Claim
Days 1 Through 3
Photograph and film all damage. Save receipts for emergency repairs like tarping and board-ups. File your claim notice with the insurer even if you do not have a full estimate yet.
Days 4 Through 7
Be present for the adjuster inspection. Walk them through every area of damage including the attic, crawl space, and exterior. Follow up the visit in writing.
Weeks 2 Through 6
Collect independent contractor estimates. Follow up with your insurer in writing if you have not received written acknowledgment of your claim within 14 days.
Months 2 Through 6
If you discover additional damage during or after repairs, submit a written supplemental notice immediately. Do not wait until you have a full estimate to send the notice.
Month 12
Confirm your original claim is still active and that all filings are within the one-year window.
Month 18
Final deadline for supplemental claims. Submit any outstanding documentation for damage found after your original filing.
Years 2 Through 5
If your insurer has delayed or underpaid and direct resolution has not worked, consult a property damage attorney and begin evaluating your legal options before the five-year lawsuit window closes.
Your Rights Under Florida Law
Florida's Homeowner Claims Bill of Rights is a document your insurer is legally required to send you within 14 days of receiving your initial claim communication. It lays out the timelines and obligations that govern your claim from both sides.
Beyond that document, Florida law gives you the right to request free mediation through the Department of Financial Services if you and your insurer cannot agree on a resolution. You have the right to invoke the appraisal clause for a binding independent valuation of your loss. And if your insurer has handled your claim unreasonably, you have the right to pursue a bad faith claim under Florida Statutes §624.155, which can result in damages beyond your original policy limits.
A denial letter is a position, not a verdict. Most denied claims have viable grounds for challenge. The window to act is finite, so move on it.
About the Author
Justin Cernitz, Esq. is the founding and managing partner of Cernitz Law, a property insurance claims firm headquartered in Miami with offices across Florida, Long Island, and Houston. Before founding the firm, Justin represented insurance companies in coverage disputes, giving him direct insight into how carriers evaluate, challenge, and settle claims.
He has helped property owners recover more than $250 million in disputed insurance proceeds. Justin is licensed in Florida, New York, and Texas and focuses his practice on residential and commercial property damage claims arising from hurricanes, fire, water damage, sinkhole, and other insured losses.