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Miami's champions for property damage claims

At Correa & Martinez Trial Lawyers, we know the challenges Miami homeowners face when dealing with disasters, and we're here to help you navigate the complex world of first-party insurance claims for wind damage. Our legal team is dedicated to protecting the interests of Miami residents dealing with property damage from wind. Our bilingual attorneys, Andres J. Correa and Octavio Martinez understand the cultural differences of our clients, ensuring that we not only speak their language but also understand their perspectives. With extensive experience and a strong track record of success, our wind damage lawyers in Miami are well-equipped to help you get the first-party insurance benefits you deserve. Call us today for a free consultation about your case.

What is first-party insurance coverage?

First-party insurance coverage offers financial protection to policyholders in case of property damage or loss. It's a contract between the policyholder and the insurance company, where the insurer agrees to compensate the policyholder for covered losses as stated in the policy. In property insurance, first-party coverage comes into play when the policyholder's property experiences damage or loss from specified perils like wind damage.

What kind of wind damage is typically covered?

Insurance policies typically cover damages caused by strong winds associated with severe weather conditions like hurricanes and tropical storms, including:

  • Roof damage
  • Structural damage
  • Damage from flying debris during windstorms

Additionally, most policies cover damages from tornadoes and hurricanes, which often cause significant wind-related damage. This coverage can include damage from wind-driven rain, hail, and structural damage due to strong winds.

Other examples of damage possibly covered include the following:

  • Debris Impact: Windstorms can propel debris such as tree branches, signage, or other objects, damaging roofs, windows, siding, and other parts of the property.
  • Roof Damage: High winds can cause significant damage to roofs, including blown-off shingles, damaged roof decking, and leaks.
  • Structural Damage: Strong winds can exert tremendous force on structures, leading to structural damage such as wall collapses, detached fences, or damage to outbuildings. Coverage usually includes repairs or replacements for wind-induced structural damages.
  • Window and Door Damage: Windstorms can cause windows and doors to break, shatter, or become dislodged from their frames. Insurance coverage typically extends to repairs or replacements for wind-damaged windows and doors.
  • Secondary Damage: Policies may also cover secondary damages caused by wind-related events, such as water intrusion due to roof damage or structural compromises and direct wind damage.
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Losses excluded from coverage in Miami

Although property insurance policies usually cover a variety of damages from windstorms and related events, there are specific losses that are often not covered. Homeowners must know these exclusions to set realistic expectations and prepare for potential risks. Here are some expected wind damage losses that are often not covered:

Flood Damage

While wind-driven rain may be covered as part of wind damage, flooding from rising water levels, river or lake overflow, or storm surges is usually not included in standard property insurance policies. To protect against flood damage, separate flood insurance is required.

Earth Movement

Property insurance policies typically do not cover damages caused by earth movement, like landslides, mudslides, or sinkholes. Earth movement is seen as a separate risk that needs specific insurance coverage.

Negligence and Lack of Maintenance

Insurance policies might not cover losses that result from the property owner's negligence or lack of maintenance. Coverage exclusions could result if known issues are not addressed or routine upkeep is neglected.

External Factors

Specific policies might not cover damages caused by external factors unrelated to wind, like construction defects, faulty installations, or poor quality. These exclusions could apply if the external factors significantly contribute to the wind damage.

Secondary Damages

Although direct wind damage is usually covered, secondary damage from wind-related events may be excluded. For instance, if wind damages a roof and subsequent water damage occurs due to a delayed repair, it may not be covered if considered preventable.

Consequential Damages

Damages seen as indirect, like loss of income, business interruption, or extra living expenses during repairs, may not be covered unless they are expressly included in the policy.

Specialized Structures

Some structures or property features, like detached garages, fences, or outdoor equipment, may have limited coverage or be excluded entirely from wind damage coverage in standard policies. Additional endorsements or separate coverage may be needed for complete protection.

Steps to Take if You Suspect Wind Damage

If you suspect wind damage to your home or property, taking prompt action is essential to protect your safety and your insurance claim. High winds can cause hidden structural issues that worsen over time, so it’s important not to delay.

Here are the key steps to take:

  • Document the damage with photos and videos from multiple angles
  • Secure your property to prevent further damage, if it’s safe to do so
  • Avoid making permanent repairs until your insurance company has assessed the damage
  • Review your policy to understand your coverage and deductibles
  • Contact a qualified attorney if your claim is delayed, denied, or undervalued

At Correa & Martinez in Miami, our wind damage attorneys are ready to help you assert your rights and pursue the compensation you deserve.

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The law firm you can count on: Correa & Martinez Trial Lawyers in Miami

After experiencing wind damage to your property, seeking guidance from a knowledgeable attorney is essential. An attorney can help with:

  • Policy Review: Assessing your insurance policy to understand coverage and any potential exclusions.
  • Filing a Claim: Assisting in submitting a comprehensive and accurate insurance claim.
  • Negotiating with Insurers: Advocating for fair compensation on your behalf.
  • Resolving Disputes: Settling disagreements with insurers and pursuing legal action if needed.

At Correa & Martinez Trial Lawyers, we comprehend the complexities of first-party property damage claims. Our committed wind damage attorneys in Miami are ready to support you at every stage of the claims process, safeguarding your rights and interests.

You don't have to face the challenges of property damage alone. Contact us today for a free initial consultation, and let us serve as your trusted advocates in protecting your interests in Miami.

Wind Damage FAQs

What is a wind damage claim?

How do I file a wind damage claim?

If my initial claim was denied, can I file another one?

How long do I have to file a wind damage claim in Florida?

What is a wind damage claim?

A wind damage claim is a request made to your insurance company to cover repair or replacement costs resulting from damage caused by high winds. This can include roof damage, broken windows, fallen trees, and structural issues.

How do I file a wind damage claim?

Start by documenting all visible damage with photos and video. Then, contact your insurance company to report the claim and follow their instructions for inspections and paperwork. It's often helpful to consult with an attorney, like the team at Correa & Martinez in Miami, to ensure your claim is properly filed and evaluated.

If my initial claim was denied, can I file another one?

Yes. If your claim was denied or underpaid, you have the right to dispute the decision. You may request a reinspection or submit additional evidence. An attorney can help you build a strong case for reconsideration.

How long do I have to file a wind damage claim in Florida?

In Florida, you typically have one year from the date of loss to file a new claim and 18 months to file a supplemental claim, though deadlines can vary based on your specific policy. It’s best to act quickly to protect your rights.

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