Hurricane, Storm & Wind Damage Lawyer in Miami

After a hurricane or tropical storm, South Florida homeowners and condo owners count on their insurance to help them rebuild. Too often, the claim is delayed, lowballed or denied. Hurricane damage lawyer Tomas Robirosa helps policyholders in Miami and across Florida, with a focus on Miami-Dade, Broward and Palm Beach counties, review the policy, document the damage and challenge unfair decisions. Se habla español.

What to Do After Hurricane or Storm Damage

1. Stay safe first. Avoid downed power lines, standing water, and unstable structures.
2. Document everything. Take date-stamped photos and video of the roof, windows, walls, ceilings, floors, and personal property before cleanup, and again as damage develops.
3. Prevent further damage. Make reasonable temporary repairs, such as tarping a roof or boarding windows, and keep all receipts. Most policies require you to protect the property from further loss.
4. Report the claim promptly. Write down your claim number and the name of every adjuster you speak with.
5. Get a certified copy of your policy, including the declarations page and all endorsements.
6. Keep a claim diary of calls, emails, inspections, and letters.
7. Do not sign a release or accept a final payment until you understand what you are giving up.

Florida's deadlines for property insurance claims

Florida has changed its property insurance laws several times since 2022. Under current law:

• A new or reopened claim generally must be reported within one year after the date of loss, and a supplemental claim within 18 months. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
• The insurer generally must acknowledge your claim within 7 days, begin its investigation, physically inspect the property within 30 days of receiving proof of loss, and pay or deny the claim within 60 days after receiving notice of the claim, subject to limited exceptions.
• Before filing a lawsuit against a property insurer, the policyholder must generally give written notice of intent to sue at least 10 business days in advance.

Missing a deadline can seriously damage a claim, so it is important to act quickly. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

Why Hurricane Claims Get Underpaid or Denied

Insurers commonly point to policy language to reduce or deny storm claims. Common reasons include:

• Wind vs. flood disputesHomeowners policies usually exclude flood, so insurers may attribute damage to flooding rather than wind.
• "Wear and tear" or pre-existing damagearguments, especially for older roofs.
• Late noticeof the claim.
• Low estimatesthat leave out code upgrades, matching, or hidden water damage.
• Hurricane deductiblesthat are often a percentage of the dwelling coverage and can be significant.

How we help with hurricane and windstorm claims

We review your policy and the insurer's estimate, identify what was left out, gather supporting documentation, and communicate with the insurance company on your behalf. When appropriate, we pursue appraisal (if your policy provides for it), the required pre-suit notice, and litigation.

Condo owners and associations

In Florida condominiums, the association generally insures the building structure, while unit owners typically insure interior items such as floor, wall, and ceiling coverings, fixtures, appliances, and cabinets. Storm claims in condos often involve both policies. See our page on condominium disputes.

Citizens policyholders

Florida law is phasing in a requirement that Citizens Property Insurance homeowners policies with wind coverage also carry flood insurance, with the requirement expanding to all such policies starting January 1, 2027.

Wind Damage and Windstorm Claims

You do not need a named hurricane to have a wind damage claim. Tropical storms, severe thunderstorms, and sudden windstorms can tear off shingles and tiles, lift roof decking, break windows and doors, knock down trees, and let rain into your home. If your insurance company delayed, underpaid, or denied a claim for wind or storm damage to your roof or home, we can help.

Common wind and roof claim disputes

• The insurer says roof damage is age, wear and tear, or poor maintenance instead of wind.
• The adjuster approves a small patch when the roof needs a proper repair or replacement.
• Interior water damage is denied as a long-term leak instead of storm-created openings.
• The wrong deductible is applied, such as a hurricane deductible for a non-hurricane storm.
• The estimate leaves out interior repairs, mold remediation, or code-required work.

Protect your wind damage claim

• Take photos and video of the roof, windows, fallen trees, and interior damage as soon as it is safe.
• Keep damaged materials, such as shingles or tiles, when you can.
• Make reasonable temporary repairs, such as tarping, to prevent further damage, and keep the receipts.
• Get a written report from a licensed roofer or contractor.
• Report the claim promptly and keep copies of everything you send and receive.

Related: water damage claims, denied insurance claims, property damage. Request a free claim review.

Hurricane damage in Florida rarely stops at the roof. Wind, wind-driven rain and storm surges can each be treated differently under your insurance coverage, and the insurance adjuster may attribute part of the loss to flood or wear and tear, which many policies exclude. Before you file a claim, or if the insurer starts to delay or deny your hurricane damage claim, legal representation can help you document all the types of damages to your home and keep the claims process moving. Florida hurricane damage attorney Tomas Robirosa reviews your policy, responds to the insurer and, when it is warranted, discusses filing a lawsuit against the insurer, including whether the facts support a bad faith claim. Every case is different, so speak with an attorney about the options that apply to you.

How We Handle Property Damage Claims

• Step 1Free claim reviewWe review your policy, your claim, and every letter from the insurance company, in English or Spanish.
• Step 2Documenting the damageWe gather photos, repair estimates, and independent inspections to show the full cost of the loss.
• Step 3Challenging the decisionWe respond to delays, underpayments, and denials, and send any pre-suit notice Florida law requires.
• Step 4Lawsuit if neededIf the insurer or association will not treat you fairly, we are prepared to take the case to court.

When the Clock Starts on a Florida Hurricane Claim

Florida's claim deadlines run from the "date of loss," and section 627.70132 of the Florida Statutes says what that date is for storms. For a hurricane, the date of loss is the date the hurricane made landfall. For a tornado, windstorm, severe rain or other weather event, it is the date the event is verified by the National Oceanic and Atmospheric Administration (NOAA). That means the clock can start on the day of the storm, even if you only found the water stain on your ceiling weeks later.

The statute also separates three kinds of claims:

• New claim Your first notice to the insurer about the hurricane damage. It generally must be given within 1 year after the date of loss.
• Reopened claim A claim that was closed and is reopened because you are asking for more money for loss you already reported. It generally has the same 1-year limit.
• Supplemental claim A claim for additional loss from the same storm that the insurer already adjusted, or for extra costs during repairs under an open claim. It generally must be given within 18 months after the date of loss.

These limits are paused for a named insured who is a servicemember deployed to a combat zone or combat support posting that materially affects the ability to file. The statute does not change the separate deadlines for filing a lawsuit. Write down the storm's name and landfall date and keep it with your claim file.

Hurricane Damage in Condos: Special Assessment Claims

When a hurricane damages a condominium building, the association's master policy is usually the first place to look for the building itself. But the association's deductible can be large, and when the master policy doesn't cover everything, the board may vote to charge unit owners a special assessment. Some unit owner policies include loss assessment coverage, under section 627.714 of the Florida Statutes, that may help pay a share of an assessment that results from a covered loss.

Florida has a specific notice rule for these claims. Under section 627.70132, notice of a loss assessment claim generally must be given by the later of 1 year after the date of loss or 90 days after the association or its board votes to levy the assessment, and in any case no later than 3 years after the date of loss. Because a board may not vote on an assessment until months after the storm, owners often miss this window without knowing it.

If you own a condo unit in Miami-Dade, Broward or Palm Beach and your association has announced a hurricane assessment, gather the board minutes or notice of the vote, the assessment letter, your unit owner policy with its declarations page, and any letters from the association about its master policy claim. Then report the loss assessment claim to your own insurer in writing. Read more on our condominium disputes page.

In Miami Beach? See our Miami Beach hurricane and storm damage lawyer page.

Frequently Asked Questions