First-party Insurance Claims
Posted on February 20, 2023
First-party Property Damage Claims in Florida
A property insure is considered a first-party policy. If the property is damaged and you file a claim with the insurance company to cover the repair expenses, the claim will be considered a first-party claim. Unlike in third-party claims, in a first-party claim you are not suing or being sued by someone else—it is a matter between you and the insurance company.
The term derives from the language used in contracts. As the insured individual, you are the "first party”, while your insurance company is the "second party." If another party were involved in the accident, it would be referred to as the "third party".
In Florida, most property damage claims are first-party claims, since damages are usually caused by natural events, such as storms or hurricanes.
Common property damages in Florida
Property damages in Florida may include, but are not limited to:
Fire and electrical damages
Florida is one of the most thunderstorm-active areas in the world, with an average of 80 to 100 days of thunder and lightning per year. And while it is rare for a property to be struck by lightning, power surges can cause all kinds of damage, especially electrical fires. Most homeowner’s policies in the state include coverage for electrical or accidental fires.
Water damages
Coverage varies, but insurers typically cover accidental occurrences, such as burst pipes or faulty washing machines, and exclude gradual occurrences, such as leaks. Basic insurance policies in Florida do not cover flood damage, but you can purchase separate coverage for such events.
Wind damages
This category includes damage to roofs, windows, or structural damage caused by strong wind currents or flying debris. Coverage varies depending on the intensity of the wind. Your policy will probably cover damage caused by minor storms, but not damage from severe storms or hurricanes. These destructive events usually fall under separate hurricane insurance.
Mold damages
Florida's rainy weather and high humidity contribute to mold growth. This fungus can cause serious structural damage to a property, as it can feed on materials commonly used in walls or insulation. Unfortunately, insurance companies often hide "exceptions" in their policies to avoid paying mold damage claims, even though you are paying premiums for coverage.
Criminal damages
Insurance companies are likely to classify these damages under one of four categories: burglary, robbery, theft, and vandalism. Most homeowner’s insurance policies in the state offer coverage for these cases, although it is usually limited.
Not sure about your case? Contact us and schedule a consultation with our property insurance claim lawyers.
Steps for filing a first-party insurance claim
You should start the claim process immediately after the accident. Calling the authorities and your lawyer is essential to keep a record of everything that happened.
- Check yourself for injuries and get to safety: Try to stay calm. Make sure you and your family are okay. Then, move away from any danger, but stay close to the accident site if possible.
- Call the authorities: In addition to providing you with medical care, authorities will take your statement and record the incident. Their investigation could be crucial to your claim.
- Call your personal injury lawyer: Insurance adjusters will look for any way to avoid paying your coverage. The sooner you let your lawyer know about the accident, the better.
- Notify your insurer: You should report the incident as soon as possible, but never before you speak to your attorney. After the event, you will probably be confused and may say something that the insurance company will take advantage of. Your attorney will help you make sense of your story.
- Gather and submit the requested documents: Upon notification, the insurer will ask you for documentation related to the accident to begin its investigation. They will ask for medical reports, photographs or videos of the damages, copies of the police report, etc.
- Assignment of benefit: After the investigation, the company will calculate your payment according to the terms of your contract. Once you receive the payment, you will be able to endorse the insurance claim check without any problems.
How can an attorney help you with a first-party property damage claim?
Insurance companies will always try to undervalue damages, offer you payments under a different category, accuse you of not filling out the paperwork correctly, and other questionable tactics, to reduce their payments as much as possible. Having a team of lawyers on your side during the process to review your case, negotiate with the insurance company and make sure you get the settlement you deserve can make all the difference.
Is there a time limit for a property damage claim?
Unfortunately, yes. Under Florida law, different claims have different time periods of limitation. Claims that result in a breach of contract (insurance contract; first party) have five years from the breach. (or the original claim, if you are making a bad faith claim) to take legal action. This is known as the statute of limitations.
The support of a lawyer is essential in first-party insurance claims
At First Choice Law, we know how difficult losses caused by disasters, accidents, crimes, or other events can be. It is not just about the costs but the stress and sense of despair that damages can cause, especially when insurance companies fail to do their job.
We are here to advocate for you and have the experience to do so. Jason Recksiedler is certified as expert in Civil Trial Law by the Florida Bar and has helped many clients in the past. Call us today at 321-999-1111 24 hours a day or fill out the online form located at the top of this page, and we will contact you shortly.