Florida hurricane damage claim lawyer

One year to give notice. It used to be years.

Hurricane claims are governed by their own deadlines, their own deductible, and a division between wind and water that decides whether your policy responds at all.

Have your claim reviewed Miami (305) 662-4323 Tampa (813) 930-5422

Notice of a new claim: 1 yearFrom the date the hurricane made landfall. § 627.70132
Supplemental claim: 18 monthsFrom that same date
Hurricane deductible: PercentageUsually 2–5% of the dwelling limit, not a flat sum
Flood: Separate policyStandard homeowner policies exclude it

01 The deadline moved

Florida hurricane claim deadlines after the 2022 reforms

Florida now requires notice of a new or reopened hurricane or windstorm claim within one year of the date of loss, and notice of a supplemental claim within eighteen months. Both windows are substantially shorter than the law that applied to earlier storms, and most of the guidance still circulating online describes the old rule.

Supplemental matters more than people expect. Damage that only becomes apparent during repair — rot behind a wall, a truss that was compromised, a leak that reveals itself in the next rain — is a supplemental claim, and it has its own clock running from the storm rather than from the discovery.

02 Wind or water

Wind or flood: which policy pays after a Florida hurricane

A homeowner policy covers wind. It excludes flood, which requires separate cover through the National Flood Insurance Program or a private carrier. After a hurricane that brought both, the question of which force caused which damage is the whole dispute.

The hurricane deductible is also different in kind: a percentage of the dwelling limit rather than a flat amount, so on a larger home it can run to tens of thousands before the policy pays anything.

Documenting the sequence — wind first, then water, and where each entered — is the evidence that decides it, and it is best captured before repairs begin.

03 Situations this covers

These are examples of circumstances people find themselves in, not accounts of particular cases. Every claim is decided on its own policy and its own facts.

A roof loses shingles in a named storm and the interior is damaged in the rain that follows, and the carrier attributes all of it to flood.
Repairs begin and the contractor finds decking and truss damage nobody could see from the ground.
A claim is denied for late notice although the policyholder reported it within weeks of noticing the ceiling stain.
The percentage hurricane deductible turns out to exceed the entire adjusted loss.

04 What damages a claim

Assuming the old multi-year deadline still applies. It does not.
Completing repairs before documenting what was damaged and how.
Treating newly discovered damage as part of the original claim rather than filing it supplementally.
Not checking whether a separate flood policy exists and what it covers.

Frequently asked questions about Florida hurricane and windstorm

How long do I actually have after a hurricane?

One year from the date of loss to give notice of a new or reopened claim, and eighteen months for a supplemental claim, under § 627.70132.

Those run from the storm. Finding the damage late does not restart them, which is why an inspection in the first weeks matters even when nothing looks wrong.

The insurer says it was flood, not wind. What now?

That is a causation question, and it is answered with evidence rather than with the adjuster’s conclusion — damage patterns, high-water marks, the direction and timing of the damage, and weather data for that address.

It is also why a separate flood policy, if one exists, should be put on notice at the same time rather than later.

05 Related

All of it starts on the property insurance page.

Have a denied Florida insurance claim reviewed

English or Spanish. Jose A. Dapena handled first-party insurance litigation before he handled anything else. The fee arrangement for an insurance dispute is explained when you call.

Miami (305) 662-4323 Homestead (786) 900-0184 Tampa (813) 930-5422