Introduction

What not to say during a home insurance claim is one of the most important things Florida homeowners need to understand after property damage. A serious leak, a hurricane, a kitchen fire, or a burst pipe can turn your home and your life upside down. When that happens, your first instinct is usually to call your homeowners insurance company and ask for help. What many people do not realize is that from the first phone call, the insurance company may record, summarize, and evaluate everything you say as part of your claim. A careless comment, a guess about what happened, or an offhand remark about other insurance issues can create real problems later.

In Florida, insurers are allowed to investigate claims thoroughly and to deny or limit payment when they believe a policyholder has misrepresented facts, failed to cooperate, or presented an exaggerated or fraudulent claim. At the same time, Florida law makes it a crime to knowingly submit false, incomplete, or misleading information in support of an insurance claim. That does not mean you need to be afraid of speaking to your insurer, but it does mean you should be thoughtful. This article outlines seven common pitfalls to avoid when you are talking with an adjuster, and offers practical guidance on how to communicate clearly and honestly without hurting your own claim.

7 Common Pitfalls to Avoid

Speculating on Damage Causes

After a loss, it is natural to want to explain what you think happened. Many homeowners feel pressured to offer a theory, especially when an adjuster asks questions that sound technical. Saying things like “I think it was old pipes,” “maybe the roof was already weak,” or “I guess the water had been leaking for months” may seem harmless, but insurers can later use those statements to argue that long-term wear and tear caused the damage rather than a sudden, covered loss. Most homeowners policies cover sudden and accidental damage, while excluding gradual deterioration, wear and tear, and maintenance issues.

If you do not know the cause, it is better to say that you are not sure yet and that you are waiting for the opinion of a contractor, plumber, roofer, or other professional. You can describe what you saw and heard, such as when you first noticed water, when the ceiling collapsed, or when you smelled smoke, without guessing about the underlying cause. Let the experts investigate and provide the technical explanation. There is nothing dishonest about refusing to speculate; it is far more accurate than making a guess that may later be treated as an admission.

Admitting Responsibility

Another mistake is to rush into statements that sound like you are admitting fault. Homeowners sometimes say things like “this is probably my fault, I should have replaced the roof,” or “I knew that window was drafty and I did not fix it.” While honesty is essential, you do not need to volunteer opinions about whether you were negligent as a homeowner. Your policy and Florida law already define which kinds of neglect or maintenance issues are excluded, and those issues will be evaluated based on the facts, not on your emotional reaction in the moment.

You should answer factual questions accurately: when you last had the air conditioning serviced, when the roof was replaced, whether you knew of any prior leaks, and so on. Those facts are important and you must not lie or conceal them. But you do not need to label yourself as “at fault” or “to blame.” That kind of phrasing can give the insurer unnecessary ammunition to recast a covered event as an uncovered maintenance issue.

Overstating Damage or Loss

Some homeowners worry that if they do not emphasize the seriousness of the damage, the insurance company will not take the claim seriously. That can lead to exaggeration. Saying that “everything is ruined” when only some items are damaged, or claiming that you “lost all your furniture” when some pieces are salvageable, is a serious error. Florida’s insurance fraud statute makes it a crime to knowingly present a claim that contains false, incomplete, or misleading information about a material fact.

Exaggeration can also undermine your credibility even if there is no criminal allegation. Adjusters are trained to look for inconsistencies between what a homeowner says, what photographs show, and what contractors report. If your descriptions do not match the evidence, insurers may argue that you are inflating the claim and may deny or reduce payment. The safest approach is to be precise. Describe what was damaged, what was destroyed, and what you are not sure about yet. It is acceptable to say that you need time for contractors and remediation specialists to fully assess the loss.

Discussing Other Claims or Policies

When you are upset, it can be tempting to bring up past frustrations with insurance, such as a prior claim that did not go well or a dispute under a different policy. You might also casually mention that you had a similar claim with another carrier or that you have filed several claims in recent years. These statements may cause an adjuster to look more closely at your claims history, to question whether the current loss is related to prior damage, or to wonder whether there is a pattern of frequent claims.

There is nothing wrong with having previous claims, however, failing to disclose them when asked directly can be a serious problem. Florida law allows insurers to rely on material misrepresentations in applications or claims in some circumstances, and incomplete or inaccurate answers about prior losses can lead to denial or even cancellation in certain situations. The key is to answer direct questions truthfully without volunteering extra information that is not requested and that may be misunderstood. If an adjuster needs details about prior claims, you can provide them carefully and, if necessary, with the assistance of counsel.

Offering Incomplete Information

A different but equally risky mistake is leaving out important facts. Some homeowners minimize prior issues because they are afraid the insurer will use those facts to deny the claim. For example, a homeowner might not mention that a small leak was repaired last year, or that a different contractor already cut out some drywall before the insurer’s first inspection. Omitting these details can backfire. Florida statutes and many policy forms allow insurers to void coverage for certain material misrepresentations or concealments, particularly when they are intentional.

Instead of leaving out information, focus on clarity and context. If there was earlier damage that was repaired, explain what was done, when it was completed, and how the current damage is different. If emergency work had to be done before the adjuster arrived, explain why that work was necessary to protect the property from further harm, and provide invoices and photographs. Being forthcoming in a careful, organized way is far better than having the insurer later discover facts that you did not disclose.

Making Emotional Statements

After a major home loss, it is normal to feel angry, scared, or overwhelmed. In conversations with adjusters, some homeowners vent their frustration in ways that can create misunderstandings. Statements like “the whole house is a disaster,” “I cannot live here anymore,” or “this was the worst construction job ever” may reflect your emotional reality, but they are not precise descriptions of the damage. Adjusters are required to evaluate physical conditions and repair costs, not your understandable distress, and they may treat dramatic statements as exaggeration.

This does not mean you have to be cold or robotic. It is appropriate to explain how the loss has affected your family and your ability to use the home, because those facts can be relevant to certain coverages, such as additional living expenses. The key is to separate emotion from fact. On the phone, or especially during a recorded statement, take a breath before answering. Try to describe specific impacts, such as which rooms are unusable, what property is damaged, and what steps you have had to take to secure temporary housing, rather than making sweeping emotional claims that are hard to back up with evidence.

Ignoring the Importance of Accuracy

The final and most significant pitfall is failing to appreciate how important accuracy is in a home insurance claim. Every claim form, proof of loss, and recorded statement you provide is a legal document. Florida law requires that claim forms include a warning that anyone who knowingly files a claim containing false, incomplete, or misleading information is committing a crime. At the same time, civil insurance law allows carriers to rely on material misrepresentations or fraud as defenses to coverage in some circumstances.

Accuracy does not mean perfection, and it does not mean that you must know every detail immediately. It does mean that you should avoid guessing, that you should correct mistakes as soon as you discover them, and that you should review any written statement or proof of loss carefully before signing. When you are unsure about a fact, it is better to say that you do not know or that you need to check records than to offer an answer that may later prove to be wrong. In Florida’s current insurance environment, accuracy and honesty are not only ethical obligations; they are your best protection.

Tips for Effective Communication with Insurance Companies

Preparing for the Adjuster

Before you speak with an adjuster or provide a recorded statement, take some time to prepare. Gather photographs and videos of the damage, copies of any emergency repair invoices, and any prior inspection reports that relate to the area of the house that was affected. Make a simple timeline for yourself that notes when you first noticed the problem, what you did in response, which contractors or emergency services you contacted, and when you reported the claim. Having these details organized will make it easier to answer questions clearly and accurately.

It is also wise to review your policy or at least the declarations page so you have a basic understanding of your coverages and deductibles. If you are unsure about your rights or are uncomfortable about a requested recorded statement, you can consult with a Florida property insurance attorney before participating. There is nothing improper about seeking advice; in many cases it helps you avoid the very pitfalls described in this article.

Documenting Your Conversation

During and after any conversation with an insurance company, it is helpful to keep your own record. Write down the date and time of the call, the name and title of the person you spoke with, and the main topics that were discussed. If the adjuster promises to send you forms, schedule an inspection, or issue an advance payment, note those promises and follow up in writing if you do not receive what was described.

When you send documents to the insurer, such as photographs, estimates, or receipts, keep copies for your own files and consider sending important items by a method that provides confirmation of delivery. Clear documentation can help resolve simple misunderstandings, and it can also be critical evidence if there is later a dispute about what was said or provided. In a state like Florida, where claim handling and fraud laws are detailed and actively enforced, careful communication and recordkeeping are some of the most effective tools a homeowner has to protect a legitimate claim.

This article is for general informational purposes only and is not legal advice. Every case depends on its specific facts, the nature of the property involved, the available evidence, and the precise language of the governing statutes and rules. If you have a property damage claim and have questions about your rights, you should consult directly with a Florida property damage attorney who can evaluate your situation and provide advice tailored to your circumstances.

©2025 The Hernandez Legal Group wrote and published this article. All rights reserved.