Residents of Florida are no strangers to strong winds, heavy rains, and all the intensity Mother Nature can throw at us. We’ve seen destruction and devastation and know all too well what the road to recovery looks like. Unfortunately, we also know that this long road to rebuilding our homes and our lives often includes unfair and illegal insurance practices.
If you have filed a wind insurance claim in Florida only to have it denied or underpaid, you may be left wondering where to turn next. Here in Florida, there are two types of professionals you may want to call upon: a public adjuster and an insurance law attorney. Both professionals work on the homeowner’s behalf (not the insurance company’s) and their advocacy means you stand a fighting chance against your insurance provider.
When to Hire an Attorney for Your Wind Damage Claim
Public adjusters and attorneys represent policyholders during the claims process. Public adjusters’ expertise is best suited for help during the claims process. This includes gathering all documentation, submitting the claim, and handling any necessary negotiations with the insurance company. If you lack experience, don’t have time, or find yourself in another situation such as having a complex claim or one that has been undervalued by your insurance company, a public adjuster can assist.
An attorney, on the other hand, may be required if there are legal issues or disputes that a public adjuster cannot resolve. For more about the difference between public adjusters and attorneys, be sure to read this post.
Here are some scenarios when you might need an attorney to help with your wind damage claim in Florida:
- Your claim has been denied – If your wind damage claim has been denied by the insurance company, an attorney can evaluate the reasons for denial and determine what grounds you have to challenge it.
- Bad faith – Bad faith is when an insurance company fails to fulfill its obligations to the policyholder in a fair and reasonable manner. It involves acting dishonestly, unfairly, or with improper motive when handling a claim. Fla. Stat. § 624.155 governs bad faith insurance law in Florida. If you suspect your insurance company is acting in bad faith, an attorney can help you pursue legal action against the insurer.
- Disputed claims – If there is a disagreement between you and the insurance company regarding the extent of the damage or the appropriate compensation, an attorney can represent your interests in negotiations, mediation, or court.
- Litigation – If negotiations fail and you need to file a lawsuit against the insurance company, an attorney can represent you in court and handle all legal proceedings.
Insurance malpractice is a real threat to homeowners in Florida. Insurance providers have an entire team of attorneys working on their behalf, and their intent is often to leave individual property owners hung out to dry. If you have been treated unfairly during your wind insurance claim, we recommend leveling the playing field by talking with a Miami insurance law attorney.Proving bad faith in Florida requires a thorough understanding of insurance law, evidence gathering, and legal procedures. Our team at Kandell, Kandell & Petrie can assess your case, advise you on the best course of action, and represent you in negotiations or court proceedings. Contact our team today to speak to one of our claims advisors in Miami to discuss your needs.
