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Abraham S. Ovadia, Esq.

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Tampa Windstorm Insurance Lawyer

Steps to take after a windstorm if you must file a windstorm insurance claim

The best attempts to protect the property will end some damage in the event of a windstorm. If your home or business is damaged in the storm, you’ll want to make sure you take the following steps to make sure your windstorm insurance claim is handled fairly and promptly. 

Cover your damaged property. It is vital that, if your property has been damaged, cover it with a tarp or something similar to prevent the entry of water or any other additional damage. Remember, the insurance company will take any reason to avoid paying you. If they claim that your damaged property was further damaged after the storm, they can blame you for the damage and deny your claim.

Document everything. It is recommended that you start outside and get photos of the house in each shot. Take pictures of all four sides and cover as much of the ceiling as possible. Be sure to take pictures of your entire patio, too. Start by taking photos from afar, then zoom in to take pictures in more detail. Then head inside and start taking pictures there. Start by taking pictures of the entire rooms. Then continue taking photos of individual items. A complete photographic record is essential to demonstrate losses if you need to file a claim. When you take your pictures, take an inventory of the damaged property. This will also help with your windstorm insurance claim. 
 

Quickly file your insurance claim. Insurance policies generally require you to send your case quickly after storm damage. So, it is important that you take your pictures, write your inventory, and file your claim as soon as possible. Call one of our expert Tampa lawyer at Ovadia Law Group at 1-800-674-9396, we can help you with your case.  

Tips to help you protect your property from severe weather

Shutters 

Close shutters or put-on protective panels with pre-installed fasteners. 

Vehicles 

Park in the garage or store vehicles if you plan to leave them. 

 

Surroundings 

Place trash cans, garden furniture, grills, and other objects that can be carried by the wind inside your home or garage. 
 

 

Prefabricated Houses 

  • In an intense wind event, take your family to a community storm shelter or other safe structure to protect them.  
     
  • Even when equipped with new straps and anchors, manufactured homes can expose occupants to an increased risk of injury compared to structures with permanent foundations. 

 

Weather warnings 

  • Use a radio to stay on top of the latest weather reports. If you are sent to evacuate your home, go to a shelter as directed by local authorities. 
  • Lock doors and windows before leaving. 
  • Bring your survival kit and other supplies.  

 

Let your friends and family know where you plan to stay. 

If there is no time to reach a shelter, retreat to your shelter room if you have one. Otherwise, stay in the middle of your home or the basement, away from windows, and take cover under a ladder or heavy furniture. 
 

If you need help with your claim, feel free to contact our Tampa team of Ovadia Law Group at 1-800-674-9396, let us fight for you.  

Consult with an experienced windstorm Insurance Lawyer at Tampa

Windstorms can cause incredible damage to property that you have worked to cultivate for years. In a matter of a few hours, the wind in Tampa can destroy your home and result in costly repairs or replacements. If you have windstorm insurance, you can rest easy knowing you’re covered.  

You have worked hard to make your home a home and to collect all your belongings inside it. That’s probably what motivated him to get a homeowner insurance policy. These policies can help you have a greater sense of peace and confidence that you will be protected if something happens. While homeowner insurance is an essential cornerstone of your protection, it is crucial to realize that most policies do not cover wind or flooding damage. If you are not sure if your policy protects you in the event of these occurrences, or if you want to research your options for an inclusive policy, you need an Ovadia Law Group expert. 

We have years of experience helping our clients in Tampa find personalized solutions for their insurance needs. Whether you already have a homeowner policy approaching renovation or have not yet invested in an inclusive policy, we know how to create the best solution. We are prepared to help you find a policy that meets your needs and protects you from loss. Please feel free to contact Ovadia Law Group at 1-800-674-9396 to review your policy or discuss several new strategies for your windstorm needs. 

Client Testimonials

Randy G.
“My sincere thanks to Abe and his entire staff.”

When you find an attorney who cares as much (or more) about the heath and well being of their clients, as the financial settlement itself .. you know you found a diamond in the rough. I trusted Abe and his sizable & caring staff with my 92 year old Mother's P.I.P case and his firm is far exceeding my expectations.

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Kevin M.
“His office got the insurance company to take care of all of our medical bills”
Abraham Ovadia helped my family after we were rear ended in an accident a few months ago. He and his team helped my family get the medical treatment we needed to get us feeling better. His office got the insurance company to take care of all of our medical bills and they took care of everything from A-Z.
Linda N.
"I think back of how much he did for us during a super stressful time"

Abe handled a house fire case for us and he was always available to take calls and answer all my questions. His attention to details and covering all the bases is what stands out the most when I look back on how he handled our case. I have dealt with a few attorneys throughout life but Abe honestly is a 10. I could never imagine anyone not being totally satisfied with this Attorney.

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Nick S.
“This was my best experience with a law office so far. Very helpful staff.”
This was my best experience with a law office so far. Very helpful staff. Abraham was professional and honest from the beginning. I can’t thank him and his staff enough for all their help connecting me with doctors who really helped me feel better.
Inti L.
"They got a fair settlement after my car accident."
Great company with an excellent customer service. They got a fair settlement after my car accident. Maria was very professional and very kind. Eduardo Espósito was the adjuster who took care and did so so good I needed to say. Pamela did a great job also and was very kind. I recommend this company if you need them after a car accident. I'm completely satisfied with this experience.
Sally H.
"He will work his hardest to get you what you are entitled to in a timely manner. Trust him to do all he can to get you fair compensation."
Abraham, is the best . He is there for YOU!!! He will work his hardest to get you what you are entitled to in a timely manner. Trust him to do all he can to get you fair compensation.
Nicholas B.
"Took care of everything from speaking to the insurance company on my behalf to getting me a great settlement."
Very professional team of lawyers and staff who helped me through my car accident. Chris and Barbara took care of everything from speaking to the insurance company on my behalf to getting me a great settlement. I highly recommend Ovadia Law Group.

Tampa Windstorm Insurance Resources

Table of Contents

Why Hire a Windstorm Insurance Lawyer in Tampa?

The windstorm insurance system in Florida involves intricate policy provisions and specific legal requirements. According to Florida law, residential property insurance policies must incorporate windstorm coverage, although homeowners may choose to opt out in writing with their lender’s approval. A knowledgeable windstorm insurance attorney will advocate to maximize your compensation, help you understand hurricane deductible provisions, manage complex documentation requirements, and prevent insurance providers from exploiting policy exclusions following a storm. This becomes especially important when your property has sustained substantial damage from strong winds, when insurers dispute coverage based on claimed maintenance problems, or when companies incorrectly assert that flooding rather than wind caused the damage. With Tampa Bay experiencing numerous severe weather events in recent years, and insurance providers thoroughly examining windstorm claims, specialized legal representation can significantly impact your recovery outcome.

Our firm offers free consultations for windstorm damage victims, and you pay absolutely nothing unless we win money for your case.

How Insurance Works for Tampa Windstorm Claims

In Tampa, windstorm insurance protects against damage resulting from winds during storms that meet particular criteria. Under Florida Statutes, a hurricane deductible applies to windstorm losses from a storm system that the National Hurricane Center officially declares a hurricane. This special deductible remains active from the issuance of a hurricane watch or warning until 72 hours after its termination. Most insurance policies include a separate percentage-based hurricane deductible (generally 1-10% of your home’s insured value) that replaces your standard deductible for hurricane-related wind damage. Insurance providers frequently challenge whether damage originated from wind (which is covered) or flooding (which requires separate flood insurance). Understanding your policy’s specific provisions regarding windstorm protection, hurricane deductibles, and coverage restrictions is crucial for obtaining maximum compensation. Our legal team can assist you in navigating these complex insurance matters and identifying all potential avenues for recovery.

What Compensation Are You Entitled To After Tampa Windstorm Damage?

After experiencing windstorm damage in Tampa, you may qualify for comprehensive compensation that includes roof repairs or replacement, structural repairs to your property, replacement of damaged belongings, additional living expenses if your residence becomes uninhabitable, debris removal costs, and preventive measures to safeguard your property against further damage. Windstorm incidents can impact every part of your home from the roof and exterior walls to interior ceilings, flooring, and personal possessions, potentially resulting in substantial compensation amounts. Insurance adjusters typically try to minimize payments by attributing damage to excluded causes such as flooding, pre-existing conditions, or inadequate maintenance. Our experienced attorneys know how to properly document the wind-related nature of your damages and pursue full compensation according to your policy’s specific terms.

How is Coverage Determined in a Tampa Windstorm Claim?

Insurance policies in Tampa specifically outline what constitutes covered windstorm damage. Coverage determination hinges on demonstrating that wind served as the predominant cause of your property damage rather than flooding, which necessitates separate insurance coverage. Your policy may contain particular language regarding wind-driven rain damage, often requiring physical damage to the roof or structure before interior water damage qualifies for coverage. The age and condition of your property also influence coverage decisions, with insurers seeking evidence of poor maintenance or pre-existing damage to deny claims. The type of policy you hold is significant—replacement cost policies deliver more comprehensive coverage than actual cash value policies, which deduct for depreciation. Our team challenges unfavorable coverage determinations by obtaining expert engineering evaluations, meteorological information, structural analyses, and thorough documentation of all wind-related damages. We construct strong cases supported by scientific evidence and appropriate policy interpretation to ensure maximum coverage for wind-caused losses.

How Do I File a Windstorm Insurance Claim in Tampa?

Following windstorm damage in Tampa, take immediate action to prevent additional damage by covering broken windows, damaged roofs, or other openings with tarps or boards if it’s safe to do so. Document all damage comprehensively with photographs and videos before making temporary repairs, capturing both exterior and interior damage from multiple angles. Promptly contact your insurance company to initiate your claim, as policies require timely notification. Create a detailed inventory of damaged items with estimated values and approximate ages. Exercise caution during initial conversations with insurance representatives—their questions about maintenance history or previous damage might be designed to establish grounds for denial. Maintain copies of all communication with your insurer and keep detailed records of all repair expenses and temporary living costs if you’re displaced. Before providing detailed statements to insurance adjusters, contact our office for free guidance. We can manage all insurance communications while you focus on property protection and recovery.

Dealing with Insurance Companies After Tampa Windstorm Damage

Insurance providers employ specialized tactics to minimize windstorm claim payments in Tampa. Their adjusters receive training to identify potential policy exclusions and may attempt to attribute damage to non-covered causes like flooding, earth movement, or inadequate maintenance. Following major storms, insurers frequently deploy inexperienced or out-of-state adjusters who may not fully comprehend Florida’s specific insurance requirements. Insurance companies regularly dispute the scope of necessary repairs, propose inadequate repair methods, or undervalue damaged items. They may delay processing your claim hoping you’ll accept a lower settlement out of frustration or financial necessity. If your Tampa property has experienced windstorm damage, your claim confronts these systematic obstacles designed to protect the insurer’s financial interests. Our attorneys can level the playing field by securing independent damage assessments from qualified professionals, documenting all wind-related damages according to industry standards, challenging improper denial reasons, and building comprehensive claims that accurately reflect the full extent of your covered losses. Don’t face these corporations alone – call us to protect your rights against these industry-wide claims handling practices.

What Insurance Issues Arise in Tampa Windstorm Cases?

Windstorm claims in Tampa present unique insurance challenges that require specialized knowledge to overcome. Understanding these common obstacles is essential for maximizing your recovery. Frequent insurance complications in Tampa windstorm damage cases include:

  • Wind vs. flood damage disputes, with insurers claiming water damage isn’t wind-related
  • Hurricane deductible application issues, typically 1-10% of your home’s value
  • Wind-driven rain coverage limitations, requiring structural openings caused by wind
  • Pre-existing damage allegations attempting to deny legitimate claims
  • Disputes over replacement cost vs. actual cash value payment methods
 

Without experienced legal representation, navigating these complex windstorm insurance matters can be overwhelming. Our attorneys understand Florida’s specific windstorm insurance laws and how to overcome common exclusions and limitations to maximize your recovery.

Common Windstorm Damage Issues in Tampa

Tampa’s vulnerability to severe storms creates numerous windstorm damage scenarios. Tampa Bay has experienced multiple major hurricanes and countless severe thunderstorms, with the region’s coastal location making it particularly susceptible to devastating windstorm events. The Tampa Bay area’s unique geography can create a funneling effect that intensifies wind damage during tropical systems.

These damages commonly include:

  • Roof damage from powerful winds dislodging shingles or tiles
  • Structural damage from toppled trees or airborne debris
  • Shattered windows and compromised doors enabling water penetration
  • Water damage to interiors resulting from wind-driven rain
  • Damaged siding, gutters, and exterior elements
  • Fence and outbuilding destruction
  • Loss of perishable items due to electrical outages
  • Landscape devastation requiring extensive cleanup
  • Content damage from water entering through wind-created openings
  • Secondary damage from mold growth if repairs are delayed
 

Windstorm damage requires thorough assessment to identify all affected components of your property. Our team collaborates with structural engineers, roofing specialists, and wind damage experts to document the complete scope of hurricane and windstorm damage, building stronger cases for full compensation of all wind-related losses.

Preparing for Windstorm Season in Tampa

Review Your Insurance Policy: Before windstorm season arrives, carefully examine your policy’s windstorm coverage, hurricane deductible amount, and any exclusions or limitations. Ensure your coverage limits accurately reflect current rebuilding costs, which typically increase after major storms due to demand surge in the Tampa Bay construction market.

Document Your Property: Create a comprehensive inventory of your possessions with photos, videos, and receipts for valuable items. Store digital copies in cloud storage accessible from anywhere in case evacuation becomes necessary during a Tampa Bay hurricane threat.

Implement Wind Mitigation Features: Consider installing hurricane straps, impact-resistant windows, reinforced garage doors, and other wind-resistant features. These improvements may qualify for insurance discounts while providing better protection against Tampa’s frequent strong thunderstorms and tropical systems.

Clear Your Property: Before storm season, trim trees, secure loose outdoor items, and clear gutters and drains. Unsecured objects can become dangerous projectiles during high winds, causing significant property damage in Tampa’s sometimes violent summer thunderstorms.

Create an Emergency Plan: Develop a comprehensive family emergency plan including evacuation routes, communication strategies, and emergency supplies. Know your Tampa Bay evacuation zone (A through E) and have a plan for where you will shelter.

Secure Important Documents: Keep copies of insurance policies, identification, property records, and financial documents in waterproof containers or digital formats that can be accessed remotely after a storm affects the Tampa area.

Florida’s Legal Framework for Windstorm Insurance Claims

Florida has established specific laws governing windstorm insurance that impact your rights and claim process. Under Florida Statutes § 627.712, insurance companies issuing residential property insurance policies must provide windstorm coverage, though homeowners can opt out by providing a handwritten statement and obtaining lender approval if the property has a mortgage. Florida Statutes define “hurricane coverage” as protection for losses caused by windstorm during a storm declared to be a hurricane by the National Hurricane Center, including damage to a building’s interior caused by rain or other precipitation if the windstorm first damaged the building creating an opening. For legal action against your insurance company for breach of contract, Florida Statutes § 95.11(2)(e) establishes a five-year statute of limitations from the date of loss. Additionally, Florida law prohibits insurers from canceling or non-renewing policies during hurricane events, with cancellations postponed until after the hurricane ends.

Time is critical. Missing notification deadlines or exceeding the statute of limitations means permanently losing your right to compensation, regardless of how severe your damage may be. Document evidence thoroughly, report windstorm damage promptly, and contact a Tampa windstorm damage attorney as soon as possible to protect your legal rights and maximize your chances of fair compensation.

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