Florida insurance laws give policyholders up to two years from the date of loss to file a Hurricane Ian claim in Florida. The date of loss is when the hurricane hit landfall, which was September 28, 2022. Therefore, you have until September 28, 2024 to file a Hurricane Ian claim.
A Florida hurricane property claim lawyer at The Innocent Law Firm discusses legal deadlines related to Hurricane Ian claims. We also explain the timing of a claim filing and how it affects the negotiation of a settlement offer.
What Is the Statute of Limitations on a Hurricane Claim in Florida?
The statute of limitations on a hurricane claim in Florida is two years per Fla. Stat. § 627.70132. Missing this deadline will result in your insurance company denying your hurricane damage claim or seeking a dismissal if you sue them in civil court. However, as long as you are a policyholder in good standing with your insurance company, you have the right to file a claim for covered hurricane damage to your home.
What Is a Statute of Limitations?
A statute of limitations protects defendants in hurricane damage claims from unfair legal action. It ensures that evidence maintains its integrity while offering plaintiffs enough time to investigate the facts. Some situations allow you to file a claim past the deadline, but these circumstances may be challenging to prove with limited evidentiary options.
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How Long Should You Wait to Make a Hurricane Ian Property Damage Claim?
You should file a Hurricane Ian property damage claim as soon as possible. Your insurer will want you to secure the property from additional damage unrelated to the hurricane. They have up to 14 days from the date of your claim filing to acknowledge its receipt under Fla. Stat. § 627.7142.
Related Article: What Are an Insured’s Rights After a Loss?
Can You Negotiate a Hurricane Ian Settlement with an Insurance Company?
Yes, you can negotiate a Hurricane Ian settlement with an insurance company if you disagree with their offer. However, you must have a valid, lawful reason for requesting additional compensation with admissible, discoverable evidence. Otherwise, it is your opinion against their analysis.
This is why policyholders hire property damage claim lawyers in Florida. We have the legal knowledge, investigatory resources, and negotiating skills to help you build a compelling claim. If they refuse to face facts and pay a fair settlement, your attorney is already prepared to file a bad faith lawsuit against them upon your directives.
Related Article: Do I Have a Bad Faith Property Damage Claim in Florida?
Ensure that you abide by all deadlines related to Hurricane Ian damage claims. If you do find it necessary to hire legal representation, it will make your lawyer’s job much easier if you play by the rules throughout the entire process. Always refer to your insurance policy with specific questions.
Call The Innocent Law Firm If You Need a Negotiator
The Florida Hurricane Ian property damage lawyer at The Innocent Law Firm does not want you to accept a lesser settlement than you deserve. Find out how our legal team can help during Your Free Consultation at 954-903-1737. You can also message us online if you prefer.