Although sinkholes are largely unpredictable, warning signs may be present.

Sinkholes

Sinkholes are very common in Florida as a result of the state’s natural topography. Most of Florida’s topography is comprised of a thin layer of sand and clay covering limestone. Rain and circulating groundwater soften this underground limestone and form cavities and crevices in the rock, which are filled by the overlying sand and clay. Pressure from buildings, roads, and water, combined with the caverns formed from the dissolved underground rock, leaves a weak crust prone to fail under pressure.

Although sinkholes are largely unpredictable, warning signs may be present. In the event of weakening ground or foundation, you may see the following:

  • Cracking and/or separations to the foundation; interior walls, ceilings, and floors; and/or exterior walls, driveways, porches, decks, ceilings, and floors
  • Doors and windows fail to open and/or close properly
  • Yard depressions (dimple-like formations in the yard)
  • Trees, fences, and anything affixed to the ground beginning to lean
  • Unusual water stains
  • Unexplained loud noises (as one’s house begins pulling apart and sinking)

Sinkhole Insurance Law in Florida

It was mandatory for Florida residents to purchase their own sinkhole insurance for structural damage and non-catastrophic events until 2007. That year, a new law mandated that insurance companies cover the cost of sinkhole coverage, although the companies lobbied for years for it to be excluded from property owners’ policies. Floridians are now only forced to buy insurance for catastrophic ground collapses but may elect to purchase additional coverage for sinkhole loss for an additional premium. Catastrophic ground collapse claims are defined as:

  • The abrupt collapse of the ground
  • A depression in the ground cover clearly visible to the naked eye
  • Structural damage to a building
  • Any instance where the insured structure must be ordered to vacate and be condemned

Unfortunately, Florida sinkhole law makes it easier for insurers to pay less than they should or outright refuse to pay their insureds when sinkhole damage is prevalent. For this reason, it is important to hire an attorney if there is a sinkhole on your property.

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Why Should I Hire an Attorney for My Sinkhole Claim?

Insurance providers will hire experts to look after their interests and expenses when investigating a sinkhole claim. By hiring an experienced sinkhole attorney, your will have a chance to assemble your own team to help ensure both your rights and property are protected. Our sinkhole lawyers have handled hundreds of claims for sinkhole damage compensation and advise that property owners do not try to negotiate with the insurance company on their own in these matters.

Filing a Sinkhole Claim

The first step in filing a sinkhole claim is to call the insurance company and alert them to the damage (normally cracks and separations). Once an insurance adjuster is assigned to the claim, he or she will document their inspection of the area. After information is collected from the home and/or property owner, the insurance company will typically send a geologist or geotechnical engineer to conduct tests at the property. The testing may take several days or weeks.

In some cases, insurance companies may skip standard testing procedures required under Florida law. They may conduct a “drive-by” test, instead of utilizing industry-proven geophysical testing techniques such as ground penetrating radar, electrical resistivity testing, or a standard penetration test. Failure to properly test for sinkhole activity may constitute a breach of policy and may entitle the homeowner to immediate legal action.

Conclusion

Insurance policies are difficult to read and contain numerous exclusions that are not specific or can be tricky to understand. Often times, insurance companies will incorrectly deny part or all of a claim. There are also situations where an insurance company makes a payment but the payment is not enough to properly repair the damage. The experienced insurance attorneys at O’Neil Law, PLLC will investigate your loss, apply the law and the policy terms, fight to have your claim paid, and assist in obtaining an estimate that accurately reflects the amount of damage caused by sinkhole activity and/or sinkhole loss.

If you, your family or loved ones have suffered any damage from sinkhole activity and/or sinkhole loss (or believe the same may have occurred) and wish to discuss assistance in presenting or pursuing a claim, we can help. Call our office today to speak with an experienced member of our legal team.  850-266-7552 The initial consultation is absolutely free. It is important to know your rights and options. Even if you aren’t sure if an attorney can help, take a moment to fill out our online contact form or call us for a prompt response to get the answers to your important questions. We work on contingency. Meaning there are absolutely no up-front fees or costs and we are only paid if and when we are successful in getting you compensated.