2025 Claim Deadlines You Can’t Miss: Statutes of Limitation by Claim Type
Why Understanding Deadlines Is Critical for Florida Homeowners
Miss a filing deadline, and your insurance claim—whether for hurricane, water, roof, sinkhole, or fire damage—could be denied before your case is ever evaluated. In Florida, these deadlines are governed both by insurance statutes and policy provisions.
Below is a comprehensive breakdown of the top insurance claim deadlines in FL, what each applies to, and what it means for your property and peace of mind.
1. One-Year Deadline to File or Reopen Claim (Section 627.70132)
Florida Statute § 627.70132 requires you to notify your insurer of any new or reopened property damage claim within one year of the date the damage occurred. Supplemental claims—such as increased expenses after repairs—require notification within 18 months
What it covers:
- Initial claims from storms, water leaks, fire, roof damage, sinkholes
- Reopened claims based on newly discovered damage
- Supplemental claims for increased repair costs
Why this matters:
Even if your policy allows later action via the legal statutes, failing to notify your insurer within these deadlines may result in outright denial.
2. Insurer’s Duty to Acknowledge and Respond
Under the same statute, once you submit a written proof of loss, the insurer must:
If they miss these deadlines, penalties may apply, especially under first-party property loss claims. Immediate reporting and written follow-through help hold insurers accountable.
3. Five-Year Lawsuit Deadline for Breach of Contract (Section 95.11)
After you file a claim (or your policy denies it), Florida Statute § 95.11 gives you up to five years to file a breach of contract lawsuit against your insurer
Important distinction:
- This is for court action, not claim filing
- You must still file within policy deadlines (1–2 years)
4. Four-Year Tort-Based Limit (Section 95.11 Negligence)
For property damage claims based on negligence—such as suing a contractor—you have four years to file.
This does not apply to first-party insurance claims, which rely on breach of contract timelines.
5. Florida’s Exclusive Two-Year Window for Personal Injury
If your property claim includes personal injury—say someone was injured on your damaged property—that legal claim must be filed within two years
This separate deadline highlights the importance of acting quickly for all related claims.
6. Hurricane-Specific Reopen Deadline: Up to Two Years for Supplemental Claims
For hurricane-related claims deemed “catastrophic,” you can usually reopen the claim or file a supplemental claim within two years under § 627.70132—and still within the one-year initial notice window
Common Pitfalls to Avoid
| Pitfall | Consequence |
| Delaying the report past 1 year | Claim may be closed or barred |
| Filing lawsuit after 5 years | Case is likely dismissed in court |
| Filing negligence suit after 4 years | Time-barred legal action |
| Not separating property & personal injury claims | Missed personal injury deadline |
| Relying on a generic “prompt notice” | May conflict with statute, risking a claim |
What to Do: A 5-Step Deadline Strategy
- File damage notice within 1 year, or immediately if possible
- Follow up in writing to meet the insurer’s standards for proof of loss
- Hire a public adjuster for supplements or reopening before time runs out
- Track timelines (1-year claim, 5-year contract, 4-year tort, 2-year injury)
- Consult an attorney before filing a lawsuit or entering mediation
How Right Way Helps You Meet Insurance Claim Deadlines in FL
Right Way Public Adjusting supports homeowners throughout Tampa Bay with:
- Immediate claim notification and filing
- Timely reopening or supplementing under hurricane rules
- Documentation and evidence to support late claims
- Coordination with attorneys for court action before statutes expire
If your damage happened last year—or you’re discovering new issues—you may still qualify to file, supplement, or even sue within legal timelines.
Final Word: Don’t Risk Deadlines to Discover You Have a Valid Claim
Deadlines can feel overwhelming, but missing one can cost you thousands or all of your coverage. Whether you had roof damage, water intrusion, sinkhole activity, fire, or mold, knowing your timelines gives you a fighting chance.
Act Now Before It’s Too Late
Call Right Way Public Adjusting at (877) 744-8929
We help homeowners in Tampa, Clearwater, St. Pete, and Central West Florida file and preserve their claims before deadlines expire.
With years of experience in the insurance industry and a deep understanding of policy intricacies, Hunter is dedicated to providing a personalized approach to each client’s unique situation. With a passion for advocating on behalf of policyholders, he established Right Way Public Adjusting to make a meaningful difference in the lives of those facing property damage challenges.
