How Long Should You Wait Before Filing a Suit Against Your Insurance Company?

If you experience damage to your property, you should act promptly as insurance companies are notoriously slow when it comes to the entire claims process. Moreover, your insurance policy requires you to notify them of damage right away, too. Failure to do so could forfeit your insurance benefits. As soon as you notice damage – no matter the size – call us right away at Silverberg|Brito, PLLC, and we will help you with your claim from start to finish, whether or not that claim ends up involving litigation. 

What to Know About in the Insurance Claims Process

After notifying your insurance company of damage, they have 14 days to acknowledge that they have received your reported claim, and, upon written request, they have 30 days after submitting a complete proof-of-loss statement to notify you if your claim is covered in full, partially covered, denied, or being investigated. Florida Statute 627.7142 spells out these and other important timelines as part of your Homeowner Claims Bill of Rights. 

Moreover, under Florida Statute 627.70131(5)(a) the insurance company is required to admit coverage and provide prompt payment or repairs, or deny coverage, within 90 days of the date of notice to the insurance company of the claim, unless there is something outside the insurance company’s control that prevents them from making a decision.  However, this statute alone does not create a private cause of action.

When to Take Action

If, during the claims process, you begin to notice that you are being treating unfairly by your insurance company or are being given the runaround in other ways, it may be time to consider your options, including pursuing litigation. Together with our help, we will determine the next best steps for your case, and if that includes filing a lawsuit, we will be at your side through the entire process so you don’t have to worry about a thing.


For questions about filing a property insurance claim in Florida or what to expect when pursuing insurance litigation, don’t hesitate to get in touch with us right away for a free consultation.

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