If you’re filing a homeowners insurance claim after Hurricane Milton, know your rights! In Florida, you are not required to pay your property claim deductible before your insurance company processes your claim. However, some policyholders report being wrongly told otherwise by adjusters. At Rodriguez | Marrero, P.A., we’re here to help you navigate these challenges.
Understanding Your Homeowners Insurance Property Claim Deductible
Your property claim deductible is the amount you pay out of pocket when your home suffers damage, such as from a hurricane. This amount is typically subtracted from your insurance payout, not paid before filing a claim.
For example, let’s say your home incurs $20,000 in damage after Hurricane Milton, and you have a $2,000 deductible. The insurance company should pay you $18,000 (minus the deductible). But some policyholders are being told they must pay the deductible first, which is incorrect under Florida law.
Can Your Insurance Company Require You to Pay the Property Claim Deductible First?
The short answer is no—you do not have to pay your deductible before filing a claim for homeowners insurance in Florida (unless the policy specifically says you do). The deductible will be deducted from your payout amount once your claim is approved. Unfortunately, some adjusters may be misinforming policyholders or using this tactic to delay or discourage claims, particularly after major storms like Hurricane Milton. This is no surprise in Florida as insurance companies and their adjusters have long been caught before misinforming their policyholders (see 60 Minutes special about it here from September 2024).
If you’re being pressured to pay upfront, it’s a red flag. Contact an experienced insurance claims litigation attorney to protect your rights.
What Happens If You Don’t Pay Your Property Claim Deductible Upfront?
If you don’t pay the deductible upfront, nothing will happen to your claim. The deductible will be taken out of your total settlement. By law, insurance companies in Florida must process your claim and subtract the deductible from the payout—they cannot force you to pay out of pocket before doing so.
Protecting Policyholders in Florida: Your Legal Rights
As a homeowner in Florida, you have specific rights. If your homeowners insurance company is trying to make you pay your deductible upfront, you may be facing bad faith insurance practices. At Rodriguez | Marrero, P.A., we specialize in holding insurance companies accountable. We represent policyholders in disputes and ensure that they receive fair treatment.
Why Choose Rodriguez | Marrero, P.A.?
At Rodriguez | Marrero, P.A., we have over 20 years of combined experience in insurance claims handling and litigation. Our team is prepared to handle your claim and get you the best possible outcome from beginning to end. As the chief trial attorney of the firm, I, Franchesca Marrero, have more than 10 years of experience representing policyholders in disputes with insurance companies. We’re dedicated to ensuring that policyholders receive the full compensation they deserve after disasters like Hurricane Milton.
What Should You Do If You’re Asked to Pay Your Property Claim Deductible Before Filing a Claim?
If your insurance company is demanding payment of your deductible before filing your claim, you should speak with an experienced Florida homeowners insurance attorney. This is not a legal requirement and may be an attempt to delay or deny your claim. Our team at Rodriguez | Marrero, P.A. is ready to assist.
Need Help? Contact Rodriguez | Marrero, P.A. Today
Don’t let misinformation from your insurance company prevent you from filing a claim. If you’ve experienced damage from Hurricane Milton or any other event and are being pressured to pay your deductible upfront, contact us today for a free consultation. We’ll make sure your rights as a policyholder are protected.
