Sinkholes are not something homeowners in most other states typically worry about; however, if you live in Florida, sinkholes are a very real – and increasing – threat to your home and family. While sinkholes have created some of Florida’s most popular springs, they can also cause massive damage and dangerous destruction when they occur in a residential or commercial area.
If a sinkhole caused your Florida home or business to suffer damage, you undoubtedly expect your insurance company to pay your claim in full and without delay. Unfortunately, that does not always happen. At Malik Law, we understand the challenges you are facing if your property has been damaged by a sinkhole, and we know how important it is to get fully reimbursed for the damage without further delay. The experienced Florida sinkhole damage claims attorneys at Malik Law can help.
What Causes Florida Sinkholes?
If you live in Florida, you are likely aware of the potential threat sinkholes pose to your property. According to the Florida Department of Environmental Protection (FDEP), Florida has more sinkholes than any other state. Florida’s limestones are porous, allowing the acidic water to percolate through their strata, dissolving some limestone and carrying it away in solution. Over eons of time, this persistent erosional process has created extensive underground voids and drainage systems in much of the carbonate rocks throughout the state. The collapse of overlying sediments into the underground cavities produces sinkholes. The size and depth of a sinkhole can vary from a few feet to hundreds of acres across and from less than one to more than 100 feet deep. Sometimes, sinkholes result in the creation of natural springs such as Wakulla Springs, Silver Springs, or Rainbow Springs. When a sinkhole occurs under or near your property, however, it can be extremely dangerous and cause immense damage.
Sinkhole Warning Signs
Sinkholes often form so slowly making the change hard to notice; however, when a collapse occurs a sinkhole can occur almost without warning. Unfortunately, it can be difficult to accurately predict where or where a sinkhole will occur; however, experts offer the following warning signs that may indicate a sinkhole is inevitable:
- Cracks in interior joint areas
- Cracks in stucco or exterior block
- Sticking windows and doors
- Yard or street depressions
- Separations, cracks, and gaps in concrete
- Wilting plants
- Neighbors with sinkholes
- Actual cavity-forming
- Foundation cracks
- Settling foundation
- Sloping floors
- Ceiling cracks
- Loss of pool water
Florida Sinkhole Insurance Law
Given that west-central Florida is known as “Sinkhole Alley,” it should be no surprise that Florida law requires insurance policies to provide coverage for the principal structure in the event of a “catastrophic ground cover collapse.” Insurers are also required to offer coverage for additional structures, including personal property therein, for an additional premium. A “catastrophic ground cover collapse” is defined under the law as geological activity that results in all the following:
- The abrupt collapse of the ground cover
- A depression in the ground cover clearly visible to the naked eye
- Structural damage to the covered building, including the foundation
- The insured structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that structure.
Florida Sinkhole Insurance Claims
If your property suffered damage that you believe is elated to a sinkhole, you understandably expect your insurance company to cover the damage. In practice, Florida sinkhole insurance claims are often denied, underpaid, or delayed for several commonly given reasons, including:
- Damage is not covered. Insurance companies in general will try and claim damage is not covered or that an exclusion applies when homeowners file a claim. This is even more likely when a claim involves sinkhole damage. For example, damage that results from settling or cracking – even if caused by a sinkhole – is not considered to be within the definition of “catastrophic ground cover collapse.” In addition, if you did not purchase the additional coverage, your insurance company may claim that some damage is excluded.
- Applying a higher deductible. Even if you did purchase additional sinkhole coverage, a higher deductible probably applies to damage that falls within that additional coverage. Your insurance company may try and classify as much damage as possible under that coverage so that the higher deductible applies.
- Documents or evidence missing. Claiming that required documents or substantiating evidence are missing is a common insurance company tactic when trying to avoid paying a claim. They may send never-ending requests for forms, pictures, estimates, and receipts, so they can deny the claim when a single request is not fulfilled.
- Undervaluing the cost to repair/replace. Because your insurance company needs to make a profit, they will typically pay out as little as possible on claims. To make sure your claim is not underpaid, get your own independent estimates for the cost to repair/replace your damaged property.
- Test results. Because of the nature of a sinkhole, your insurance company may send out a geological expert to conduct testing to determine what caused the damage. If that testing is inconclusive or unfavorable to your claim, they will deny the claim. You may need to have your own expert conduct the same tests.
Get Help from an Experienced Florida Sinkhole Damage Claims Attorney
If your Florida property suffered damage from a sinkhole and your insurance claim has been denied, underpaid, or unreasonably delayed, the Florida sinkhole damage claim attorneys at Malik Law P.A. are here to help. We have the experience and resources necessary to ensure that you are fully reimbursed without further delay for all damages related to your sinkhole claim.
Call us at 407-500-1000 or submit our online form today. One of our experienced Florida sinkhole damage claim attorneys will explain your rights to you and discuss your legal options at no cost.