Potentially, the most frustrating component of sinkhole claims occurs when the repairs undertaken do not resolve the problems. While some additional cracking is common after subsurface repairs are completed, these new damages may be indicative of another sinkhole problem in the form of a failed sinkhole repair . Understandably, sinkhole repairs are not designed to completely stop sinkhole activity at a particular property. Instead, the repairs are designed to stabilize the soil beneath the load bearing soils near the home. Sometimes, this fails for a variety of reasons, or may be the result of poor workmanship by the contractor who completed the repairs.
Insurance Company Covers the Cost
The good news for insureds is that the failure of most sinkhole repairs remains the problem of the insurance company and not the insureds. This is because the insurance company is obligated to complete the repairs even if the cost is greater than the amount of coverage available. Florida law requires insurance companies to be willing to pay the costs beyond their coverage limits or pay all of the insurance to the insured. If after a repair it is determined that the repair failed, the insurance company is either obligated to conduct additional repairs or modify its repair plan for the property. If this cannot be accomplished and a failed repair occurs, the insured may be entitled to file a new claim, without any credit for the amounts paid up to that point. Much of this depends on the manner in which the property was repaired, and how long ago the insurance company paid to repair it. It may be months or even years later, and the insurance company can still be held responsible for the failed repairs.
If you have a situation requiring legal representation for a sinkhole damage claim, contact Corless Barfield Trial Group' Florida personal injury law firm at 877-517-5595.
