Can I Still File a Claim for Damages Sustained as a Result of Hurricane Irma?
By Will Davich, Esq.
In 2017, Florida’s 12 year string of luck avoiding a direct hit from a major hurricane came to an end as Hurricane Irma came crashing ashore Florida’s coastline as a Category 4 hurricane packing sustained winds of 130 mph with gusts even stronger. Hurricane Irma first devastated the Keys and then moved on to Marco Island and eventually caused damage across the entire peninsula.
Many homeowners, after evaluations by qualified roofers and/or roof inspectors, are just now becoming aware of the damages they suffered as a result of Hurricane Irma. This is especially true for homeowners with tile roofing systems because, from the ground, the roof may look fine but in actuality the strong winds from Hurricane Irma caused many tiles to break or lift and the tiles are now loose, leaving the roofing system in a compromised state.
Are you in this same boat and wondering, “Can I still file a claim for damage that occurred from a hurricane that hit over two years ago?”
I have some good news for you: the answer is YES!
According to Florida Statute 627.70132, titled “Notice of Windstorm or Hurricane Claim”:
A claim, supplemental claim, or reopened claim under an insurance policy that provides property insurance, as defined in s. 624.604, for loss or damage caused by the peril of windstorm or hurricane is barred unless notice of the claim, supplemental claim, or reopened claim was given to the insurer in accordance with the terms of the policy within 3 years after the hurricane first made landfall or the windstorm caused the covered damage. For purposes of this section, the term “supplemental claim” or “reopened claim” means any additional claim for recovery from the insurer for losses from the same hurricane or windstorm which the insurer has previously adjusted pursuant to the initial claim. This section does not affect any applicable limitation on civil actions provided in s. 95.11 for claims, supplemental claims, or reopened claims timely filed under this section.
The Deadline
Hurricane Irma first made landfall in Cudjoe Key, FL on September 10, 2017 which means you have until September 10, 2020 to make a claim for damages that were the result of Hurricane Irma. September 10, 2020 is also the deadline to re-open or supplement a claim that has already been made for damages that occurred as a result of Hurricane Irma.
However, you must be aware that most, if not all policies, contain a duty to promptly report any loss, including a loss from a hurricane. Therefore once you become aware that you have sustained damage from Irma, you need to report it immediately.
Finally, if you are unsure if you sustained damage as a result of Hurricane Irma, you should ask for an inspection of your property by a qualified roofer and/or building inspector – many companies offer this initial inspection free of charge.
Will Davich, Esq.
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