Sinkholes are common in Florida and can cause significant damage to properties.  Homeowners need to be informed on their rights and the steps that should be taken if sinkhole activity is suspected.  Contact Lilly, O'Toole & Brown, LLP at (863) 683-1111 if you have sustained property damage caused by sinkhole activity.

Actions To Take If You Have A Sinkhole

Sinkholes are common in Florida and are considered to be naturally occurring geographic conditions. Homeowners who have dealt with sinkholes know how damaging these geographic conditions can be. A sinkhole located on a residential property is not something to take lightly. A sinkhole will not improve and will only get worse.

There are many signs of sinkhole activity including cracking on the exterior walls of the home, driveway cracks, windows or doors that stick or get jammed and separation of walls from the ceiling or floor. If a homeowner notices any of these signs, immediate actions need to be taken to protect the property and prevent extreme financial loss. The insurance company should be notified so that an adjuster can view the property to determine the extent of damage and if further investigation is needed.

An insurance adjuster should be able to identify if there is the possibility of sinkhole activity and will report the findings to the insurance company. At that point, if it is believed that there could be sinkhole activity, the insurer will have an engineering company test the property. Florida law requires that insurers, upon receiving information of possible sinkhole damage, hire an engineering company to perform tests. The testing generally includes Test Boring, which consists of drilling into the property to collect soil samples. The entire testing process usually takes approximately 3 to 5 days, but it may take up to 5 weeks to get the results.

If it is determined that there is sinkhole activity on the property, the insurance company will begin to take steps to rectify the problem. Florida law makes it mandatory that insurers offer coverage for damage caused by sinkhole activity. However, insurers are notorious for only paying for part of the costs of repair or replacement of the property. A sinkhole claims attorney can often help a homeowner recover a significantly higher settlement than what was initially offered by the insurance company.

In the situation where the engineer’s report does not show sinkhole activity, the homeowner is left with the financial burden of repairing the damage. According to Florida insurance laws, the only foundation problems covered in a homeowner’s policies are those caused by sinkhole activity. The engineer’s report can be challenged, but it would be wise to consult with an experienced sinkhole claims lawyer first.

Contact Lilly, O'Toole & Brown, LLP if you believe your property has been damaged by sinkhole activity in Florida.


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Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
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Also providing legal assistance to clients from:
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