When You Need a Public Adjuster, and When You Don’t

Start with what Florida law says

Hiring a public adjuster is a choice, not a step every claim needs. Before anyone signs you up, Florida requires the public adjuster to hand you a separate disclosure form. It must explain that you are not required to hire a public adjuster but have a right to do so, and that you can talk directly with your insurer, its adjuster, your attorney or anyone else about settling your claim (Fla. Stat. s. 626.8796(6)).

A public adjuster is a licensed adjuster you pay to prepare, file and negotiate your claim. They work for you, not the insurance company. If you want the full picture of what they may and may not do, read what a public adjuster can and cannot do. The rest of this guide is about one question: does your claim need one?

When you may not need a public adjuster

Be honest with yourself about these situations. In each one, the fee or the extra step may not be worth it.

• The damage is near or under your deductible. A public adjuster’s fee comes out of claim payments, and Florida law says payments do not include the deductible (Fla. Stat. s. 626.854(11)(c)). When the payment after the deductible is small, a fee takes a share of very little. Check your deductible on your declarations page first, and read the hurricane deductible rules on our deductibles guide.
• The insurer already paid fairly. If your contractor’s price and the insurer’s estimate line up, there may be nothing left to argue. For residential claims, the law also bars a public adjuster fee on any amount the insurer paid or agreed to pay before the contract was signed (s. 626.854(11)(b)4).
• One dispute that mediation can handle. Florida’s Department of Financial Services runs a free mediation program for residential property claims. The insurer pays the cost unless you miss the conference and ask to reschedule. It does not cover commercial lines policies, National Flood Insurance Program policies, liability coverage, or claims already in litigation or appraisal.
• A legal question, not a pricing question. If the insurer denied coverage on legal grounds, or you are thinking about a lawsuit, that is where an attorney’s role starts. Public adjusters may not give legal advice (s. 626.854(3)). Our page on public adjuster vs. attorney explains the difference.
• Someone was hurt. Public adjusters may not handle or help negotiate claims for bodily injury, death or noneconomic damages (s. 626.854(3)).

If you have the time to gather photos, receipts and estimates yourself, our guide on filing a Florida property claim walks through each step, and DIY claim vs. public adjuster lays out the trade-off.

Match your situation to the route that usually fits

When a public adjuster can help

Outside help tends to make sense when the claim is big, has many parts, or the insurer and you see the damage differently. Common examples:

• A large loss that touches the roof, the interior and your belongings at once.
• A commercial property, or a business that lost income while it could not open.
• A condo association or HOA claim with a master policy, a board and many owners.
• An insurer estimate that leaves out rooms, areas or repairs you can see.
• Damage that is hard to see, such as moisture behind walls or under floors.
• A supplemental or reopened claim with a deadline coming up.

That last point matters. Under Florida law, notice of a new or reopened claim is due within 1 year after the date of loss, and notice of a supplemental claim within 18 months (Fla. Stat. s. 627.70132(2)). Our storm claim deadlines page explains how those dates are counted.

Weigh the fee against the gap

Public adjusters are paid a share of the claim payments they work on. For residential and condo unit owner policies, Florida caps that share at 20 percent, and at 10 percent for claims from events under a Governor’s state of emergency declaration made during the year after the declaration (s. 626.854(11)(b), (19)). Those are ceilings. A contract can set a lower rate. Our post on what a public adjuster costs goes through the rules.

The useful comparison is not the fee against nothing. It is the insurer’s current offer against what the repair will really cost, based on a full scope of the damage. If those two numbers are close, a public adjuster may add little. If whole areas of damage are missing from the estimate, the comparison looks different. No one can promise you how a claim will turn out, so be wary of anyone who does.

Steps you can take on your own first

Even if you plan to get help later, these steps cost nothing and often clear up confusion:

• Ask the insurer for a copy of its detailed estimate. Florida requires residential insurers to send it within 7 days after their adjuster creates it (Fla. Stat. s. 627.70131(3)(e)).
• If the payment is less than the insurer’s own estimate, ask for the written explanation of the difference that the law requires (s. 627.70131(7)(a)).
• Call the DFS Consumer Helpline at 1-877-MY-FL-CFO (1-877-693-5236) if you are stuck, or ask about mediation.
• Read your policy’s appraisal clause. Our post on the appraisal clause explains when it fits.

DFS mediation and the Consumer Helpline are state services. Adjusterman is not affiliated with the Department of Financial Services or any state agency. To compare mediation, appraisal and a lawsuit side by side, see appraisal vs. mediation vs. lawsuit.

If you want a second opinion

A free claim review is a low-pressure way to find out where your claim stands. Adjusterman offers one, and if the loss is smaller than your deductible or the claim is already being handled correctly, we will tell you so. You can send us your claim details or read how our process works first.

Whoever you talk to, check the license on the DFS licensee search before you sign, and read the contract slowly. Our guide on choosing a public adjuster in Florida covers what to look for.