whether its your house or condo, car or boat, we will fight to make sure your insurance company is paying for the damages to your property.
This Pembroke Pines property damage attorney is experienced in handling improperly denied homeowners insurance claims, underpaid claims, and denial of coverage cases. Contact us to see how we can get your house back in order.
Homeowners insurance claims disputes are common in South Florida. You need an attorney experienced with property damage cases. Call today for a free consultation regarding any property damage to your home.
What to Know
Florida law allows property owners to seek compensation for damages caused by negligence, intentional actions, or natural disasters. Compensation typically covers the lesser of the cost to repair or the reduction in market value, with specific exceptions for unique property or public policy concerns (e.g., environmental contamination).
Key Legal Principles
Basis for a Claim: You can seek recovery for property damage under legal theories such as negligence, trespass, or theft (conversion).
Proving Negligence: To prove negligence, you must establish four elements: the defendant owed you a duty of reasonable care, they breached that duty, their breach caused your damage, and you incurred losses as a result. Florida uses a modified comparative negligence system, meaning if you are found to be more than 50% at fault, you cannot recover any damages.
Measure of Damages: Generally, the amount you can recover is the lesser of the cost of repair/replacement or the diminution in fair market value.
An exception exists for items with unique personal or sentimental value, where recovery beyond market value may be possible if limiting compensation to market value would be "manifestly unfair".
Insurance: Florida has a "Valued Policy Law" (Florida Statute § 627.702) for real property (buildings, mobile homes) that are a total loss due to a covered peril. In such cases, the insurer must pay the full amount the property was insured for, regardless of its market value.
Motor Vehicle Accidents: Florida is a "no-fault" state for car insurance. Your own Personal Injury Protection (PIP) covers medical bills, while Property Damage Liability (PDL) from the at-fault driver's policy covers damage to your vehicle or other property they damaged. Florida drivers must carry a minimum of $10,000 in PDL coverage.
Statute of Limitations
The deadline to file a lawsuit (statute of limitations) depends on the nature of the claim:
Negligence Claims: Two years from the date of the damage (for incidents occurring on or after March 24, 2023; otherwise, four years).
Insurance Claims (against your insurer): Generally five years, but for hurricane or windstorm damage claims, it is three years from the date of loss.
Steps to Take After Property Damage
Document the Damage: Take thorough photos and videos, and gather all relevant receipts and repair estimates.
Report the Incident: Notify the police if the damage involves theft, vandalism, or a motor vehicle accident, and get a copy of the report.
Contact Your Insurance Company: Provide all documentation and information promptly.
Negotiate or Seek Legal Counsel: Insurance companies may offer a lower settlement than you are entitled to. Be prepared to negotiate. Let an experienced attorney at The Dempsey Law Firm, P.A., assist you in achieving satisfaction.