Handling Florida Sinkhole Claims

Because of its geography and terrain, Florida is a state that is prone to sinkholes. More and more homeowners are battling this phenomenon, but many are finding that their insurance providers are refusing to pay claims that a sinkhole has caused damage to the homeowner’s property. There is a process outlined for handling Florida sinkhole claims, however, that can help you get back on track if your claim is denied.

Neutral Evaluation

The Florida Department of Natural Resources has set up what is known as the Neutral Evaluation program to help homeowners who experience denied Florida sinkhole claims. The process itself involves the help of a state-licensed Neutral Evaluator and is authorized through Florida State Statute 627.7024. You will not be required to pay any of the costs associated with the evaluation; this falls on the insurance company which denied your claim. Essentially, the Evaluator is a professionally trained, unbiased engineer or geologist who can survey your property and determine whether or not a sinkhole is responsible for any damage to your home.

Legally Admissible

It is important to keep in mind that the Neutral Evaluator’s decision or recommendation does not in any way require the insurance company to pay – or refuse to pay – for any claim. The opinion offered by this individual is not final, and both you and your insurer will still have the right to take the matter to court. However, the professional opinion of the Evaluator is admissible in court as evidence. Similarly, it is possible for you and your insurance company to settle the matter out of court during this process.

Evaluator’s Findings and Legal Fees

If the Evaluator verifies the existence of a sinkhole, he or she will research further to determine the scope of the damage that has occurred as well as any damage that may occur in the future. This information will be presented in a report that is provided to both you and your insurer. If the amount of money that it will take to cover any losses and repairs is more than what the insurance provider has offered to pay for these Florida sinkhole claims, then the insurance provider will be required to pay up to $2500 in attorney’s fees for the attorney’s role in the Evaluation process.

Requesting an Evaluator

If you would like to request a Neutral Evaluator to research your Florida sinkhole claims, you can find the Request for Neutral Evaluation form on the Florida Department of Natural Resources website. Then, you will be provided with a list of Evaluators operating in your vicinity and you and your insurer must mutually agree upon one of the listed Evaluators within 10 days. Otherwise, the DNR will choose one from the list and appoint him or her to your case. Once he or she has been assigned, you will be notified within five days of the place and time the initial conference will be held, and this can occur no more than 45 days following the initial request for Evaluation services.

If you cannot afford an attorney but you still want to fight a denied Florida sinkhole claim, you have the right to request that a DNS insurance specialist be present for all of the proceedings free of charge. This individual can help you through the process, but he or she cannot provide any legal advice.