Miami Water Damage Claim Lawyer

Water damage can ruin floors, walls, cabinets and belongings, and it can lead to mold if it isn't dried quickly. When the insurance company delays, underpays or denies the claim, you need someone who understands both your policy and Florida's claim rules. Water damage lawyer Tomas Robirosa helps homeowners and condo owners in Miami and across Florida, with a focus on Miami-Dade, Broward and Palm Beach counties. Se habla español.

Types of Water Damage Claims We Handle

• Plumbing leaks and burst pipes, including supply lines, water heaters, and failed fittings
• Leaking pipes inside walls and slabsthat cause hidden damage
• Window and door leaksduring heavy rain or storms
• Sewer and drain backups(back-up damage)
• Appliance leaksfrom washing machines, dishwashers, refrigerators, and AC units
• Roof leaksafter storms
• Water from a neighboring unitor common elements in condominiums

What to do right away

• Stop the source of water if you safely can, and shut off the main valve.
• Photograph and video the damage and the source of the leak before cleanup.
• Take reasonable steps to prevent further damage, such as water extraction and drying, and keep every receipt.
• Keep damaged materials or samples when possible, such as a failed supply line.
• Report the claim to your insurer promptly and get a claim number.
• Request a copy of your full policy, including endorsements.

Deadlines under Florida law

Under current Florida law, a new or reopened property insurance claim generally must be reported within one year after the date of loss, and a supplemental claim within 18 months. Insurers generally must acknowledge a claim within 7 days and pay or deny it within 60 days after notice, subject to limited exceptions. Every case is different, so speak with an attorney to confirm how this applies to you.

Why Water Damage Claims Are Denied or Underpaid

Water claims are among the most frequently disputed property claims. Insurers often rely on policy language such as:

• Long-term leakage exclusionsMany policies exclude damage from continuous or repeated seepage or leakage over 14 days or more. Every policy is different, so speak with an attorney to review yours.
• Wear and tear, deterioration, or mold exclusions
• Limited water damage coverageendorsements that cap certain water losses.
• Sewer and drain backup exclusionsunless you bought a backup endorsement.
• Tear-out and accessdisputes over the cost of opening walls or floors to reach the leak.
• Late reportingof the claim.

Types of leaks and water damage claims we handle

• Plumbing leaksand burst or leaking pipes, including supply lines and drain lines.
• Slab leaksunder the foundation.
• AC leaksfrom air handlers, drain pans, and condensate lines.
• Water heater leaksand tank failures.
• Window leaksand door leaks, including leaks after storms.
• Roof leaksand ceiling leaks, including storm-created openings.
• Water backupsfrom sewers and drains.
• Leaks from a condo unit aboveor from common elements.

Each type of loss can be treated differently under your policy. Exclusions for long-term seepage, wear and tear, and mold, and limits for backup coverage, are common reasons insurers deny or underpay these claims. We review the policy language against the facts of your loss.

How we help

We review your policy and the insurer's reasons for denial or underpayment, identify coverage the adjuster may have missed, organize photos, invoices, and expert opinions, and communicate with the insurer for you. When needed, we handle appraisal (if the policy allows it), Florida's required pre-suit notice, and litigation.

Water damage in condominiums

In a Florida condo, the association generally insures the building and common elements, while unit owners typically insure floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, and built-in cabinets and countertops. When water comes from another unit or a common element, responsibility can depend on the cause and the association's declaration. Learn more about condominium disputes.

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

Water damage from broken pipes, a failed water heater, a roof leak or a sewer backup can spread behind walls and under floors before property owners see it. Contact your insurance company promptly, take photos and keep receipts for emergency repairs. Many policies treat sudden leaks differently from long-term seepage, and rising water from outside usually requires separate flood insurance, so insurers often rely on those distinctions to deny claims or pay less. Common tactics insurance companies use include blaming the loss on wear and tear or on gradual leaks. Miami water damage lawyer Tomas Robirosa reviews your policy, explains your legal options and provides legal representation through the claims process and any insurance disputes that follow. If you are looking for a water damage attorney, a free consultation is a good first step.

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.

Hidden Water Damage and Supplemental Claims

Water travels. A leak under a sink or inside a wall can spread under flooring, into baseboards and cabinets, and into the unit below before anyone sees it. Often the full damage only shows up once a contractor opens a wall or pulls up a floor, after the insurer has already inspected and made a payment.

Florida law gives a path for that situation. Under section 627.70132 of the Florida Statutes, a supplemental claim is a claim for additional loss from the same peril that the insurer has already adjusted, or for additional costs incurred during repairs under an open claim. A supplemental claim generally must be reported within 18 months after the date of loss. A reopened claim, where a closed claim is reopened because you are seeking more money for loss you already reported, generally must be reported within 1 year after the date of loss, the same as a new claim.

To protect a possible supplemental claim:

1. Ask your contractor to document as they go. Photos and video of wet framing, subfloor and hidden damage before it is removed are very valuable.
2. Keep moisture readings and drying logs. Water mitigation companies usually record them; ask for copies.
3. Save the invoices. Keep every repair estimate, change order and receipt.
4. Report additional damage in writing. Tell the insurer promptly and keep a copy of what you sent.

Mold, Tear-Out and Repair Costs in Water Claims

Even when an insurer agrees that a sudden leak is covered, the fight often moves to what the payment includes. Every policy is different, but these issues come up again and again in water claims:

• Tear-out to reach the leak Many policies treat the cost of tearing out and replacing part of a wall, floor or slab to reach a broken pipe differently from the cost of fixing the pipe itself. Read the exact wording.
• Mold limits Many homeowners and condo policies cap mold or fungus coverage at a set amount, or exclude it unless it results from a covered loss. Quick drying and good records help keep mold out of the dispute.
• Drying and mitigation bills Policies generally require reasonable steps to prevent further damage. Insurers sometimes question the size of a mitigation bill, so keep the company's logs, photos and equipment records.
• Matching floors and cabinets When only part of a continuous floor or set of cabinets is damaged, the insurer may offer to replace only that part, even if matching materials no longer exist.
• Contents and living expenses Damaged furniture and belongings, and extra living costs while the home can't be lived in, may be covered depending on the policy.

We compare the insurer's estimate line by line with what your home actually needs. If you live in a condo, the answer may also depend on the association's declaration and which policy covers which part of the unit. Read more about denied and underpaid insurance claims, or call (305) 600-0529 for a free claim review. We work on a contingency basis: no fee unless we recover.

In Miami Beach? See our Miami Beach water damage lawyer page.

Frequently Asked Questions