Why You Need a Sinkhole Lawyer

Written on July 20, 2010. Posted in Insurance Claims

Thousands of families become Florida residents every year, seeking a change from the weather patterns and natural disasters of other parts of the United States. But as many Tampa residents know, sinkholes are a significant part of the state’s geology, often causing more damage than hurricanes.

The worst part of a sinkhole in many cases is not the damage it causes to property, but the challenge of facing your own insurance company to have the damages covered. The treatment you may receive when filing a claim with your insurance company is dramatically different from when you first retained them to purchase your homeowner’s policy. Insurance companies have knowledgeable claims adjusters and attorneys whose only function is to limit the amount they will pay out for your claim.

A Sinkhole Lawyer Will Help in Filing Your Insurance Claim

When a homeowner files a sinkhole claim, it will generally be denied on the grounds that the damage was caused by something other than a sinkhole.  A majority of sinkhole claimants take whatever their insurance company offers because they do not understand their legal rights. Many also believe that the cost of retaining a lawyer in Tampa Bay may be too high, but it is important to know that unless you win a case, you will not have to pay your attorney.

What Should I Do When I Have a Sinkhole?

There are a few important measures you should take when submitting a sinkhole claim to your insurance company:

  1. Take note of your home’s damages, including, but not limited to:
    • Structural cracks in the walls
    • Cracks in the pool
    • Uneven floors
    • Doors and windows that cannot close properly
    • Issues in the yard such as holes or an uneven fence
  1. Call your insurance company to report the sinkhole
  2. Call a Tampa attorney who handles sinkhole claims

What Are My Legal Rights When I Have a Sinkhole?

Florida has strict laws in place regarding insurance companies and in favor of homeowners whose homes have been damaged by a sinkhole.  Specifically, Florida Statute 627.706 states that insurance companies must act in good faith, try to resolve the sinkhole problem as soon as possible, and contact and pay an engineering firm to analyze each claim.

The majority of insurance company engineers will state that your home does not have sinkhole activity, since they are, of course, being paid by your insurance company. This is why it is so important to retain your own attorney, so that an independent engineer can be hired to determine the real cause of your home’s damage.

Once an independent report is complete, your attorney will then contact your insurance company, explaining why the study results done by their engineering firm may be inaccurate, and inform them of their duty to pay for your home’s damages. If your insurance company is resistant to paying your claim, then you have the right to file a law suit against them.

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