Miami Hurricane Damage Claim Lawyer

After the Storm, the Second Fight Begins

When a hurricane tears through Miami, the damage does not end when the wind dies down. Shingles are gone, water has soaked the ceilings, the fence is in the neighbor's yard, and the house you worked for needs serious repairs. Reporting the damage should be the end of the problem, not the start of a new one.

Too often it does not work that way. The adjuster's estimate comes in far below what contractors actually charge, the check does not cover the roof, or the claim is denied over an exclusion buried in the policy. At Leyva Law, attorney Daniela Leyva handles hurricane claims from the first notice to the final payment, and she prepares every claim as if it will be litigated, because that is what moves insurance companies. No fees or costs unless we win.

What to Do After Hurricane Damage in Miami

What you do in the days after the storm protects both your home and your claim:

1. Report Your Claim Right Away

Florida law gives you a deadline to report hurricane damage, and your policy requires prompt notice on top of that. Reporting early also puts you ahead of the wave of claims that follows every major storm. We can report the claim for you.

2. Document Everything

Photograph and video every damaged area before anything is moved or repaired: the roof if you can do so safely, each room, the yard, and damaged furniture and belongings. Keep damaged items until the insurance company has inspected them.

3. Make Reasonable Temporary Repairs

Your policy requires you to protect the property from further damage, so tarp the roof, board up broken windows, and dry out standing water. Keep every receipt, because those costs are part of your claim. Do not make permanent repairs until the damage has been inspected.

4. Do Not Treat the First Estimate as Final

The first check after a hurricane is often a fraction of the real repair cost. In most cases, cashing it does not end your claim unless you signed a release. Before you accept any figure as final, have it reviewed. Our review is free.

You Have One Year to Report a Hurricane Claim

Under section 627.70132, Florida Statutes, you must give the insurance company notice of a new hurricane or windstorm claim within one year of the date of loss, which for a hurricane is generally the date the storm struck. If the initial payment was not enough and you need to claim more, a supplemental claim must be submitted within 18 months of the date of loss.

These windows used to be longer. The Legislature shortened them in December 2022, so deadlines you may remember from older storms no longer apply. Missing the window gives the insurance company an easy reason to deny the claim, and every week that passes makes the damage harder to prove. The safest move is to start now.

What the Insurance Company Must Do, and When

Florida law also puts the insurance company on a clock. Under section 627.70131, Florida Statutes, the insurer generally must acknowledge your claim within 7 days, begin its investigation within 7 days of receiving your proof of loss, and pay or deny the claim in whole or in part within 60 days, unless circumstances beyond its control prevent it.

When a company ignores those deadlines, delays inspections, or keeps asking for the same documents, we push back in writing, document every violation, and move the claim toward payment or a courtroom. Insurance companies respond differently when a law firm is counting the days.

Hurricane Deductibles and Underpaid Claims

Hurricane damage is subject to a special deductible that is usually a percentage of your dwelling coverage rather than a flat dollar amount. Section 627.701, Florida Statutes, requires insurers to offer a menu of hurricane deductible options, typically 2 percent, 5 percent, or 10 percent of the dwelling limit (a flat $500 option is required only for smaller dwelling limits). On a home insured for $400,000, a 5 percent deductible means the first $20,000 of hurricane damage comes out of your pocket.

That math makes an accurate estimate critical. If the insurance company undervalues your roof, applies depreciation aggressively, or labels storm damage as wear and tear, what is left after the deductible can shrink to almost nothing. We build our own damage estimate with contractors and licensed professionals, we use the mediation program run by the Florida Department of Financial Services under section 627.7015, Florida Statutes, when it helps, and when the company still will not pay, we file suit.

One important limit: standard homeowners policies exclude flood, meaning water that rises from the ground, like storm surge. If rising water damaged your home during a hurricane, that part of the loss usually belongs on a separate flood policy. We handle those claims too: see our Miami flood damage claim page.

Hurricane Claims We Handle in South Florida

• Roof and Structural Damage
• Wind and Wind-Driven Rain Damage
• Water Intrusion and Ceiling Collapse
• Broken Windows, Doors, and Screen Enclosures
• Fence, Pool, and Exterior Damage
• Mold After Storm Water Intrusion
• Denied and Underpaid Hurricane Claims
• Supplemental and Reopened Claims

Miami Hurricane Claim FAQ

Related: all property insurance claims · personal injury cases · meet the attorney. This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.